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Advances in Social Sciences Research Journal – Vol. 12, No. 03

Publication Date: March 25, 2025

DOI:10.14738/assrj.1203.18568.

Coffman, J. A., Murray, P. E., & Garcia-Godoy, F. (2025). Pharmacy Malpractice Prevention: Strategies and Legal Perspectives.

Advances in Social Sciences Research Journal, 12(03). 232-259.

Services for Science and Education – United Kingdom

Pharmacy Malpractice Prevention: Strategies and Legal

Perspectives

Jonathan A. Coffman

ORCID: 0000-0001-5843-538X

College of Pharmacy, American University of Health Sciences,

Signal Hill, CA 90755, USA

Peter E. Murray

Oak Brook College of Law, Fresno, CA 93729, USA

Franklin Garcia-Godoy

ORCID: 0000-0001-8133-3306

College of Dentistry, University of Tennessee Health Science Center,

Memphis, TN 38163, USA

ABSTRACT

Pharmacy malpractice poses serious risks to patient safety and exposes healthcare

providers to significant legal liability. This study examines the critical strategies for

preventing pharmacy malpractice through a comprehensive analysis of

preventative strategies, legal frameworks, and best practices. It represents the first

investigation into the proportion of legal malpractice cases to identify the most

common pharmacy errors and their underlying causes. The study utilized the

Google Scholar case law database to identify pharmacy malpractice cases. The

search terms included patient age, health status, pharmacy type, healthcare

specialty, malpractice types, and the nature of legal claims. The analysis focused on

identifying patterns in malpractice allegations and the most frequently implicated

healthcare providers and settings. The results revealed that the majority of

malpractice allegations occurred during the care, treatment, and diagnosis stages,

with most incidents taking place in pharmacies, hospitals, and clinics. Physicians,

administrators, and nurses were the most frequently named as defendants in

pharmacy malpractice claims. A significant portion of malpractice claims stemmed

from a pharmacist’s refusal or inability to fill medications. The healthcare

specialties most linked to pharmacy malpractice included physical medicine and

rehabilitation, internal medicine, pain management, surgery, and emergency

medicine. The most prevalent legal claims against pharmacists were for

malpractice, negligence, and breach of contract, the average legal settlement

amounts for a general pharmacy clinic was between $132,185 to $274,887, and the

average legal settlement for a compounding pharmacy was $438,221. These cases

often involved misfilled prescriptions, incorrect dosages, adverse drug

interactions, and inadequate patient counseling. In conclusion, pharmacy

malpractice is unacceptable and preventable. Improving patient safety requires

greater attention to accuracy, competence, and diligence in medication

management. Strengthening pharmacist training, enhancing oversight, and

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Coffman, J. A., Murray, P. E., & Garcia-Godoy, F. (2025). Pharmacy Malpractice Prevention: Strategies and Legal Perspectives. Advances in Social

Sciences Research Journal, 12(03). 232-259.

URL: http://dx.doi.org/10.14738/assrj.1203.18568

implementing more robust safety protocols are essential steps toward reducing

malpractice incidents and protecting patient health.

Keywords: Pharmacist, Malpractice, Drugs, Medications, Negligence, Medical Errors,

Legal claims.

INTRODUCTION

Every death, disability, or severe injury caused by pharmacy malpractice is a preventable

tragedy [1]. Medical errors are estimated to cause the death of ninety-eight thousand American

patients each year [2]. Medication errors affect seven million American patients annually and

result in three and a half million doctor office visits and one million emergency department

visits each year [3]. The median error rate for the wrong drug administration ranges from 3%

[4] to 79% [5], these preventable healthcare risks, underscore the urgent need for pharmacists

to strengthen safety protocols and enhance accuracy in medication management.

Pharmacists serve as critical healthcare providers, entrusted with the responsibility of

ensuring the safe and effective use of medications [6]. Their professional duties extend beyond

simply dispensing prescriptions; pharmacists play a pivotal role in safeguarding patient health

by accurately interpreting prescriptions [7], managing potential drug interactions [8], and

providing thorough patient counseling [9]. The accurate interpretation of prescriptions is

essential to prevent misfills and dosage errors [10]. A misfilled prescription, whether involving

the wrong medication or incorrect dosage, can result in severe health consequences, including

toxic side effects, allergic reactions, therapeutic failure, permanent disability, and even death

[11].

The timely dispensing of medications is a critical aspect of a pharmacist’s duty, as delays in

treatment can compromise patient recovery or worsen existing health conditions [12]. Beyond

accuracy in dispensing, pharmacists are responsible for identifying and preventing drug

interactions and contraindications [13]. This includes recognizing potential adverse reactions

when medications are combined and advising patients on proper medication use to prevent

harmful outcomes [14]. Proper drug labeling is another essential duty, requiring clear warnings

about potential side effects and detailed usage instructions to ensure patients are well- informed about their medications [15]. When pharmacists fulfill these professional

responsibilities, they serve as a vital safeguard against medication-related errors and

contribute to improved patient outcomes [16]. The dispensing of the wrong drugs in error,

accounted for 36.8% of malpractice claims in an insurance liability dataset, while dispensing

the wrong dose in error, made up 15.3% of claims [17]. It is essential to mitigate malpractice

claims, by reducing the frequency of dispensing errors, though continued vigilance and to make

improvements in pharmacy practice processes [18].

Pharmacy malpractice in dispensing the wrong drugs to patients is entirely unacceptable [19],

because it poses serious, potentially life-threatening risks to patients [20]. Malpractice occurs

when pharmacists fail to meet their professional obligations, leading to harm [21]. Patients,

guardians, or relatives can pursue legal claims against pharmacists for malpractice [22],

negligence, battery, wrongful death, breach of contract, and other violations to recover medical

costs and financial damages resulting from these failures [23]. Legal frameworks are in place