New Jersey Pharmacy Error Bill Gives Pharmacists Civil Liability Immunity
Earlier this year, I had discussed a bill introduced in the New Jersey legislature, called innocuously enough “The Pharmacy Quality Improvement and Error Prevention Act." On the surface of it, the Bill, which was passed unanimously in the Assembly in March 2006, addressed common concerns about the increasing instances of pharmacy errors, and the need for more measures to prevent these errors, and hold pharmacies accountable for the results of any prescription mistakes on their watch. The Bill also included immunity for pharmacists from any civil liability that may arise from prescription mistakes they made. In all the brouhaha over the Bill, its sponsors conveniently failed to highlight this significant point.
Now, an identical bill “The Pharmacy Quality Improvement and Error Prevention Act A-1803" has been introduced in the Assembly by Assemblywoman Valerie Huttle. She has been busy promoting her legislation, hailing it as an effective measure to prevent the number of injuries that occur because of prescription mistakes in New Jersey.
What she does not mention anywhere in her promotion hype, is a small line tucked away in Page 9 Sec C of the bill which says:
A registered pharmacist, who reports information to the board relating to a medication-related error, as required pursuant to subsection a. of this section, shall be immune from liability in a civil action for any injury or damages in connection with that medication-related error.
If the bill becomes law, what it will mean for New Jerseyans, is that in the event that they are injured because of a prescription error, the pharmacist who was responsible for filling the prescription will not be held liable for any injuries that were caused by his mistake. All that's required for the pharmacist is essentially to report his error to the New Jersey State Board of Pharmacy, to get away with a slap on the wrist, and not much more.
As a pharmacy error lawyer, I am all for legislation to prevent errors, and the establishment of an oversight committee that will act as a watchdog to prevent innocent consumers from having to suffer the often dangerous effects of prescription mistakes. What I cannot understand however, is the establishment of a Task Force that has just two members out of its 17 public members, representing the needs of health care consumers. The remainder of the members is made up heavily of chain pharmacies, pharmaceutical companies, and other allied interests.
Throughout the country, we're seeing big name pharmaceutical interests taking increasing precedence over the protection of the consumer. Whether it’s the eagerly awaited outcome of the currently ongoing Wyeth-Levine lawsuit that threatens to take away an individual's right to sue a company for injuries sustained by an FDA-approved drug, or this bill that jeopardizes the rights of New Jersey residents to claim liability when they have been injured because of pharmacy error, increasing legislative interference with the rights of citizens is a dangerous and continuing trend that must be curbed.
