المسئولية المدنية للصيدلي عن أخطائه المهنية

العناوين الأخرى

Civil liability of a pharmacist for professional mistakes

المؤلف

الطويل، أنور جمعة

المصدر

مجلة جامعة الإسراء للعلوم الإنسانية : مجلة علمية محكمة

الناشر

جامعة الإسراء دائرة البحث العلمي

تاريخ النشر

2017-07-31

دولة النشر

فلسطين (قطاع غزة)

عدد الصفحات

29

التخصصات الرئيسية

القانون

الملخص الإنجليزي

During dispensing or composing of drugs, the pharmacist deals with materials that may pose a direct and significant threat to human health if it is not dealt with in proper and necessary procedures and precautions required when dealing with such materials as hazardous materials.

Therefore, the pharmacy profession civil liability for any damage occurring to the patient or the dealer of the drug has its distinct stipulations and must be regulated to a large extent independently from the general rules of civil liability that regulate the other damages which deserve compensation under civil law.

In this context, this study will focus on the pharmacist faults which results in civil liability in multiple cases.

First of them the civil liability during dispensing the drug to the patient, and the second civil liability during the composition of the drug.

The scope of the study will cover the professional and personal civil liability of a pharmacist not including the responsibilities of his aides or followers.

As well as this study addresses the responsibility of the pharmacist during the composition of the drug in his personal capacity and not as a producing company of the drug.

Law, jurisprudence and the judiciary pose many obligations on the pharmacist towards patients and dealers of the drugs, as a specialist seller of drugs and not an ordinary salesman for a particular commodity.

The pharmacist should monitor the medical prescription in terms of its source, content and dosage and the characteristics and suitability of medicines to patients.

He has a duty to enlighten the patient about the risk of medication side effects.

The same applies when the pharmacist will comply with the composition of the medication by matching the composition of medical prescription and their amounts and their suitability for the patient.

It shall be the responsibility of the pharmacist and his duty not to violate the confidentiality of the patient and taking into account the legal rules governing those duties.

In case of violation of his obligations pharmacist law may put civil or criminal liability or disciplinary, according to the case.

The responsibility of the pharmacist is contractual when a contract exists between him and the patient or the consumer, and could be tort or negligence liability in the absence of a legal contract and as consequences of the pharmacist conduct which results in damage to the patient or consumer.

نوع البيانات

أوراق مؤتمرات

رقم السجل

BIM-940543

• APA
• MLA
• AMA