Pharmacist Liability in Florida – Are Pharmacists Subject to the Same Civil Liability Laws as Doctors?


Are pharmacists in Florida subject to the same civil liability laws as doctors in the State of Florida? The answer is No. Doctors which are identified as “health care providers” under Chapter 766, Florida Statutes are subject to the formalities, restrictions, and award caps applicable to medical malpractice cases. A patient must put the doctor on formal notice called pre-suit notice before filing a lawsuit. During the 90 day pre-suit period, the doctor and his / her attorney has the ability to review the allegations and make a decision as to liability which will in turn limit the damages. Even if the case is not settled in pre-suit, there are caps in place for non-monetary damages (i.e. pain and suffering) that apply to medical malpractice cases as well.

Furthermore, wrongful death medical malpractice cases have limitations. Children over the age of 25 cannot bring an action for the pain and suffering associated with the death of a parent in the typical Florida medical malpractice case. Pharmacists are not mentioned as part of the statutory framework, procedures, or restrictions of Chapter 766, Florida Statutes and related laws.

If you or a family member has been significantly harmed or injured as a result of the negligence of a pharmacist, it is helpful to have the advice of a Florida Personal Injury Attorney to guide you through the rules, regulations, and proof in proving up such a case. The pharmacist’s malpractice can range from mis-labeling to failure to warn to filling the wrong prescription. Any or all of these negligent acts and more can lead the the injury or death of an innocent victim. This is especially the case when dealing with injured Florida children who were harmed as a result of the negligence of a pharmacist. Whether the pharmacist works for Walgreens, CVS, Wal-Mart, Publix, Target, and any other employer / business, care needs to be taken to make sure that the prescription is filled according to doctor’s orders, that there are no contraindications to the medication, that the bottle or prescription is properly labeled, and that instructions are clearly provided as to administration, dosage, contraindications, and adverse effects of the medication.