Massachusetts High Court Decides Whether Pharmacy Has Duty to Patients

Massachusetts High Court Decides Whether Pharmacy Has Duty to Patients

You may know that there are people who fully depend upon life-giving medications on a daily basis. It is quite possible that if they are not going to have those medicines in time, leads to severe consequence even death.

Recently, after hearing a case where a 19 year Massachusetts girl died without getting prior authorization to renew a prescription for the medication, Supreme Court added responsibility on the pharmacists regarding patients.

If there is a case where you or your dear ones get injured or killed by the actions of a third party, you may contact a famous MA personal injury lawyer to see whether you hold the wrongdoers accountable under Massachusetts laws and regulations.


You might be thinking what has happened for which the court came to a decision about the duty of pharmacy to the patients. Here you will get to know about this incident in detail.


The complainant of the case was an 18-year-old girl of Massachusetts, who had her first seizure at that age. She was prescribed Topamax in the hospital and asked to continue. She filled her prescription without having issues. But the problem arose when she went for refilling of her medicines and she was told that it was too early that insurance provider needed an authorization form filled by the doctor for giving Topamax to her.

The complainant’s mother testified the whole matter and got to know that it was the pharmacy’s responsibility that he or she should contact with the prescriber to inform about the medicines. According to the Supreme Court, no law is required to notify the doctor it is pharmacy department who just need to click the mouse to make the notification happen.

As in this case, the plaintiff was only 18 at the time of initial drug instruction, she did not need authorization. She was enabled to get her medication without facing such troubles. Yet, she was 19 before the time of next refill. Through the father of that girl tried to reach the prescriber several times to get prior authorization but in vain.

During this particular time, the plaintiff had ended up having a seizure and died without her proper medication. The plaintiff’s parents filed a case against the pharmacy for the wrongful death of their child. 


Pharmacy and the duties need to fulfill:

If the family hold the pharmacy accountable for the death of the girl then they need to prove that the pharmacy has certain duties to fulfill and the pharmacy breached the duty to the patient.

The essential part of this case rests on whether or what kinds of duties they need take on their part.

The court comes to the conclusion that the pharmacies owe a duty to the deceased as the pharmacy aware of the fact that without medication a person can lead to death.

This case can move forward whether they are negligent and thus reliable or not.

So, now you know what exactly happened in this particular case and what the court has decided regarding this case in Massachusetts.