Medicine and Pharmacy Law & Lawyers
Medical practitioner regulation and pharmacy law matters.
All health professionals are required to behave lawfully.
Each health profession that is part of the National Registration and Accreditation Scheme is represented by a National Board.
While the primary role of the Boards is to protect the public, the Boards are also responsible for registering practitioners and students, as well as other functions, for their professions.
The 10 National Boards are:
- Chiropractic Board of Australia
- Dental Board of Australia
- Medical Board of Australia
- Nursing and Midwifery Board of Australia
- Optometry Board of Australia
- Osteopathy Board of Australia
- Pharmacy Board of Australia
- Physiotherapy Board of Australia
- Podiatry Board of Australia
- Psychology Board of Australia
Australian Health Practitioner Regulation Agency
AHPRA is the Australian Health Practitioner Regulation Agency. It is the organisation that has supported National Boards regulating 10 health professions since 1 July 2010.
In March 2008 the Council of Australian Governments (COAG) decided to establish a single National Registration and Accreditation Scheme for 10 health professions, for introduction on 1 July 2010. There is a National Board for each profession.
AHPRA is the single Agency that supports the Boards and the National Scheme, and has offices in each state and territory, with the head office in Melbourne.
The National Registration and Accreditation Scheme commenced on 1 July 2010 and Western Australia joined on 18 October 2010.
Since 1 July 2010, the following 10 professions have been regulated under the National Scheme:
• chiropractors
• dental practitioners (including dentists, dental hygienists, dental prosthetists & dental therapists)
• medical practitioners
• nurses and midwives
• optometrists
• osteopaths
• pharmacists
• physiotherapists
• podiatrists
• psychologists
Medication & Prescription Errors
Medication errors committed by doctors, nurses, pharmacists and other health care professionals are a major problem and the source of many lawsuits. Medication error causes include prescribing the wrong type of drug, ordering an improper dose, giving a patient a drug that he or she is allergic to, or combining medications that are incompatible. These mistakes can lead to deadly consequences.
If you have suffered due to the negligence of a health care professional and would like legal help regarding your situation, then please complete your free legal enquiry form.
Pharmacy Malpractice Claim
Broadly speaking, in a pharmacist malpractice claim the elements of the case usually include the following:
• The pharmacist had a duty of care
• The pharmacist breached that duty of care
• The breach of that duty caused harm
• Damages
If you would like legal help regarding a potential pharmacy malpractice claim, then please complete your free legal enquiry form.
Pharmacist Duty of Care
Pharmacists have a duty of care to the people whose prescriptions they fill. This means that if you had a prescription filled by a pharmacist, that pharmacist owes you a duty of care. This is true whether the pharmacist is working at a drug store, hospital, clinic or any location. This duty of care extends to the pharmacy, hospital or clinic where the pharmacist was working at the time the prescription was filled. In a pharmacist error lawsuit, the attorney needs to prove that the person suing the pharmacist (and the pharmacy, hospital, etc.) was owed a duty of care.
Pharmacist Malpractice: Breach of Duty of Care
A pharmacist has a degree and holds himself or herself out as having the training and ability to accurately fill prescriptions. Pharmacists are, therefore, held to a high duty of care (standard of care) that requires absolute accuracy in order processing. When a pharmacist makes a medication error while filling a prescription, there is a presumption of negligence (a breach of the duty of care). In a pharmacist malpractice lawsuit, the attorney needs to prove that the pharmacist gave the patient the wrong medication, the wrong dose of the medication, the wrong directions for taking the medication or some other error.
If you have suffered due to the negligence of a health care professional and would like legal help from a specialist lawyer regarding your situation, then please complete your free legal enquiry form.
Pharmacist error can come in many forms, including the following:
• The patient was given another patient’s prescription.
• The patient was given a medication that had a name similar to the prescribed medication. This is one of the most common reasons for pharmacist error involving the dispensing of the wrong medication.
• The pharmacist misread the prescribing doctor’s handwriting. This still happens, and both the pharmacist and the prescribing doctor can be found liable is these cases.
• A patient is given the wrong dose.
• A patient is given a medication that has been compounded incorrectly. Some medications are compounded by pharmacies. A pharmacy error can occur if the medication has been compounded with a larger dosage of the medication than intended.
• The patient is given the right drug but the wrong directions
If you have suffered due to the negligence of the medical health care professional, then please complete your free legal enquiry form to discover your legal rights and entitlements.
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From 1 July 2012, the following four health professions will be included in the National Scheme:
• Aboriginal and Torres Strait Islander health practitioners
• Chinese medicine practitioners
• medical radiation practitioners
• ccupational therapists
Tips on How to Avoid Medication Errors
•Keep a list of all medications. The list of medications should include prescription medications, over-the-counter drugs, dietary supplements, medicinal herbs and other substances you take for health reasons. This list should also note the reasons you are taking each product and any drug and food allergies you have. Take your list with you every time you visit a doctor and have him or her review it. Review the list with your pharmacist as well.
•Learn about your prescription. Make sure you know the name and strength of the medication you are prescribed. Understand why you are taking a medication and learn whether this purpose is a typical purpose for the medication. Clarify any questions you have regarding the prescribed method for taking the medication and how long you should use it. Know the potential side effects of the drug and ask how your should respond if you experience them. If you are taking other drugs or health products, notify your prescribing physician and inquire whether there are any dangers related to taking the new medicine with your existing drugs. Similarly, ask if you should avoid certain food, beverages or activities while using the medication.
•Make sure written prescriptions are legible. When your doctor writes you a prescription, make sure you can read it. If you can't read your doctor's handwriting, your pharmacist might not be able to read it either. Don’t be afraid to ask for a more neatly printed copy.
•Verify that the pharmacy received the correct prescription. If your prescription was sent electronically to the pharmacy, make sure the name of the drug (brand or generic) and the directions for use received at the pharmacy are the same as those written down by your doctor. Pay particular attention to the spelling and dosage of the medication that you receive. Many medications sound alike and are spelled similarly. Also, minor typos or misread digits can create a significant difference in dosage. Make sure that any refills you receive are correct as well.
•Keep records. Most pharmacists provide their patients with written information regarding their prescriptions. If the pharmacist did not provide written information about the medication, ask for it and keep it for future reference. If possible, fill all your prescriptions at the same pharmacy so that all of your records are in one place.
•Inspect the medication you are given by your pharmacist. Look at the medication’s appearance: color, shape, markings. Smell it. Does it look or smell differently? Does it smell very unpleasant? If it is liquid, is the amount in the tube, vial, or syringe the amount you expected? If your medication is in pill form, is the number more or less than expected? Do the directions on the bottle differ from the directions provided by your doctor?
•Use caution when taking medication at home. Read the bottle's label every time you take a medication to avoid mistakes. In the middle of the night, you could mistake ear drops for eye drops or accidentally give your older child's medication to the baby if you are not careful. Use the measuring device that comes with the medicine, not spoons from the kitchen drawer. If you take multiple medications and have trouble keeping them straight, use containers with sections for daily doses.
•If you are hospitalized, have a family member or friend help you monitor your medication use whenever possible. You may not always be capable of taking the appropriate error-prevention measures on your own. By having a friend or family member available, you may exercise your right to have a surrogate present to monitor the administration of your medications when you cannot. You and your surrogate can work together to be informed of the purpose of each medication you take and the appropriate medication procedures to observe before and after a surgery. For example, a doctor may require that you take a prescription antibiotic before a surgery. Conversely, you may be advised to stop taking certain drugs preoperatively. At discharge, ask for a list of the medications that you should be taking at home. Have a doctor or hospital pharmacist review this list with you and be sure you understand how these medications should be taken.
If you have suffered due to the negligence of a health care professional and would like legal help from a specialist lawyer regarding your situation, then please complete your free legal enquiry form.
Questions to Ask Your Pharmacist to Avoid a Medication Error
•What are the brand and generic names of the medication?
•What should the medication my doctor prescribed look like?
•Why should I take it?
•How much should I take and how often?
•Is there a best time to take it?
•How long will I need to take it?
•Are there potential side effects? What should I do if they occur?
•What should I do if I miss a dose?
•Does this medication interact with my other medications or with any foods?
•Does this medication replace anything else I have been taking?
•Where and how should I store it?
•How soon should I start to feel better?
•When should I report back to my health care professional?
•Should I avoid any liquids, foods, other substances or activities while using this medicine?
If you have suffered due to the negligence of a health care professional and would like legal help from a specialist lawyer regarding your situation, then please complete your free legal enquiry form.
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