Unit:
Κατεύθυνση Αστικό ΔίκαιοLibrary of the School of Law
Author:
Marmaras-Angelakis Sarantis
Supervisors info:
Ευγενία Δακορώνια - Καθηγήτρια Αστικού Δικαίου Νομικής Σχολής ΕΚΠΑ
Αντώνιος Καραμπατζός - Αναπλ. Καθηγητής Αστικού Δικαίου Νομικής Σχολής ΕΚΠΑ
Παναγιώτης Νικολόπουλος - Λέκτορας Αστικού Δικαίου Νομικής Σχολής ΕΚΠΑ
Original Title:
Η αστική ευθύνη του φαρμακοποιού κατά τη χορήγηση φαρμάκων
Translated title:
Pharmacist's civil liability when administering medicinal products
Summary:
The pharmacist is a particular supplier of consumer products primarily because of the nature of the goods and secondarily because of their scientific status.In the existing national and EU framework, specific welfare and security obligations are to be established that it must observe in the course of trade, without, however, becoming a provider of health care services or claiming a leading role in the patient's pharmacotherapy.
In the event of damage to the patient's health as a consequence of the medication received, in addition to the responsibility of the treating or prescribing physician, there is a reasonable basis for seeking the civil liability of the pharmacist who prescribed and administered the medicinal product. It is of fundamental importance to detect pharmaceutical error as a behavior of the pharmacist who falls short of the established diligence of his profession.
Civil liability can be established independently both in the abnormal development of the sale contract, in the form of inadequate performance of the benefit due, and in the general provisions on torts.At the same time, an obligation to compensate can also be based on the actual defects of standardized drugs sold due to the pharmacist's fault, while its liability is given as a producer of defective products for the damage to the patient's health caused by faulty formulations he has produced himself.In addition, the pharmacist is objectively accountable to the patient for the medication errors of the scientific and auxiliary staff employed in his pharmacy, along with the responsibility of the latter.
Lastly, similar obligations of welfare and security are imposed by the relevant regulatory framework to the pharmacists employed in public pharmaceutical structures, which in turn does not alter the required standard of care. The allegation of liability lies in the foundation of liability, since for the pharmaceutical errors of civil servants - pharmacists, the public legal person concerned is responsible.
Main subject category:
Law and Legislation
Other subject categories:
Civil Law
Keywords:
civil liability, pharmacist, drug, tort, producer's liability
Number of references:
111
File:
File access is restricted only to the intranet of UoA.
Αστική ευθύνη φαρμακοποιού κατά τη χορήγηση φαρμάκων.pdf
1 MB
File access is restricted only to the intranet of UoA.
