Key Takeaways:
- Wrong drug and wrong dose/strength are the top two allegations against pharmacists, according to the Pharmacist Professional Liability Exposure Claim Report: 3rd edition report.
- Documentation, reporting medication errors, and ensuring patient understanding can help in the defense of malpractice allegations.
- Pharmacists should consider getting their own insurance, which typically includes licensure defense and 24/7 coverage, as employer-provided professional liability insurance may have limitations.
Wrong drug and wrong dose/strength errors are the top two malpractice allegations facing pharmacists in the 2023 dataset of
the Pharmacist Professional Liability Exposure Claim Report: 3rd Edition. The potential harm brought on by these allegations is twofold: they can cause injury to the patient and affect a pharmacist’s ability to practice, should the State Board decide to investigate. From legal trouble and financial struggles to reputational damage and patient mistrust – medical malpractice is a serious risk for pharmacists.
HPSO sits down with Jennifer Flynn, CPHRM, Vice President of Risk Management at HPSO, to discuss the current malpractice landscape facing pharmacists and pharmacy practices and highlight key insights from our
Pharmacist Professional Liability Exposure Claim Report:3rd Edition.
The average total for wrong dose/strength claims has increased by 46%
“Wrong dose/strength claims, the second highest allegation category made against pharmacists, are particularly concerning because of the significant increase in the average total incurred we’ve seen in recent years,” notes Jennifer Flynn.
In fact, the average total for wrong dose claims has increased by 46% from
$49,901 in the 2018 dataset to
$72,972 in the 2023 dataset. Several high-severity claims – including two cases of permanent organ injury and one patient death – contributed to this substantial increase. These amounts reflect the profound financial impact a malpractice allegation can have on pharmacists and pharmacy practices.
The top 5 most common pharmacist malpractice allegations
The five most common allegations asserted against pharmacists in the 2023 dataset include:
- Wrong drug – 41.7%
- Wrong dose/strength – 21.9%
- Wrong patient – 7.5%
- Failure to consult with prescribing practitioner for any question/concern – 5.3%
- Calculation and/or preparation error – 3.2%
What is the average cost of a pharmacist malpractice claim?
Pharmacist malpractice allegations can add up quickly:
- $20 million: total amount paid for pharmacist malpractice claims over a 6-year study period.
- $136,000: average pharmacist malpractice claim cost in the 2023 dataset, a 2.9% increase from $132,185 in the 2018 dataset.
- $7,650: average pharmacist license protection cost in the 2023 dataset, a 43% increase from $5,349 in the 2018 dataset.
How can pharmacists help mitigate malpractice risks?
“We have seen wrong drug and wrong dose claims consistently represent the top allegations against pharmacists for a number of years,” observes Flynn. By identifying core liability areas for pharmacists, we can develop prevention strategies to help reduce these claim trends for the long-term.
Helping to avoid a medical malpractice lawsuit starts with strong risk prevention. Catch up on our next article covering risk control recommendations for key areas within the pharmacist role.
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