If a pharmacist makes a mistake on a prescription, giving you the wrong medicine or an incorrect dosage, he or she may be held liable for any injuries. You probably could have guessed that. But, does the pharmacy itself bear any responsibility for the error of an employee?

Vicarious Liability

  • liable for damages
  • caused by employees
  • acting within job limits

The Alabama Supreme Court says “yes.” Through a legal concept known as “vicarious liability,” a pharmacy will be liable for damages caused by its employees if they are acting within the course and scope of their duties for the pharmacy.

This ruling has caused many pharmacies to institute even stricter guidelines for quality assurance. That should mean even greater safety for the consumer, something we can all be happy about.

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