La dispensation pharmaceutique de médicaments en France. Partie II : les responsabilités pénales, civiles et disciplinaires

Abstract

The pharmacist working in the dispensary, in PUI or in other dispensation structures, is exposed to several types of legal actions for negligence and/or damage. Like all others, the pharmacist is subject to common law allowing her to seek civil or criminal liability. Also as a member of an organized profession in professional, the pharmacist is also subject to an ethics designed to seek its moral responsibility to his peer's pharmacists. For a decade, the pharmacist has acquired through its pivotal role between the different health professionals, new possibilities for action (therapeutic education, status of matching pharmacist, pharmacist referent status of residential homes for elderly dependents…). This leads to increasing research responsibility of the practitioner during actions in justices. Of the large number and scattered texts that regulate the service of dispensing pharmaceuticals, the pharmacist often has difficulty in understanding the scope and limits of its responsibilities in a dispensation. It therefore seemed appropriate to produce a summary as complete as possible civil liability, criminal and disciplinary related to the pharmacist dispensing the drug.