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ASSESSING LEGAL RESPONSIBILITY IN ROMANIAN PHARMACEUTICAL PRACTICE

SÎNZIANA-ELENA BÎRSANU, OCTAVIAN-GABRIEL BANU *, CODRUȚ-ANDREI NANU

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By law, doctors and pharmacists may be held liable for professional misconduct. The pharmacist’s roles and responsibilities have been expanding in patient care, particularly in times of COVID-19 pandemic and now they may perform a diverse range of professional activities as attested by the newly adopted legislation, Minister of Health’s Order no. 2382/2021. However, pharmacist malpractice is different than medical malpractice because pharmacists’ responsibility is based on pharmacist professional standards and legal duties. Despite the existence of overlaps, there are differences between the doctors’ and the pharmacists’ professional duties. Our study identified ten main legal professional duties of pharmacists and provided examples of negligence. The results could be used as a tool for malpractice risk assessment and management. We also argue that the Romanian legal framework allows malpractice claims to be filed by both the patient and/or the doctors when shared accountability is involved and this increases the pharmacists’ risk of being sued. Moreover, the chief pharmacist is responsible for the pharmacy’s overall activity, including liability for tasks entrusted to subordinated personnel.