Liability Aspects of Drug Product Selection

Abstract

In exercising source selection of drug products, the pharmacist may be subject to liability based on (1) the premise of negligence in selecting the source, i.e., breach of duty to exercise due care, or (2) breach of warranty, most probably in the form of breach of implied warranty of merchantability or of breach of warranty of sale by description. The pharmacist’s familiarity with drug recalls, compendial standards, manufacturer reputation and bioavailability problems are discussed as these relate to his liability. Increased responsibility for source selection of drug products may increase the pharmacist’s liability, but the extent of the liability in this area does not appear to be great.