• Revenue Cycle Management
  • COVID-19
  • Reimbursement
  • Diabetes Awareness Month
  • Risk Management
  • Patient Retention
  • Staffing
  • Medical Economics® 100th Anniversary
  • Coding and documentation
  • Business of Endocrinology
  • Telehealth
  • Physicians Financial News
  • Cybersecurity
  • Cardiovascular Clinical Consult
  • Locum Tenens, brought to you by LocumLife®
  • Weight Management
  • Business of Women's Health
  • Practice Efficiency
  • Finance and Wealth
  • EHRs
  • Remote Patient Monitoring
  • Sponsored Webinars
  • Medical Technology
  • Billing and collections
  • Acute Pain Management
  • Exclusive Content
  • Value-based Care
  • Business of Pediatrics
  • Concierge Medicine 2.0 by Castle Connolly Private Health Partners
  • Practice Growth
  • Concierge Medicine
  • Business of Cardiology
  • Implementing the Topcon Ocular Telehealth Platform
  • Malpractice
  • Influenza
  • Sexual Health
  • Chronic Conditions
  • Technology
  • Legal and Policy
  • Money
  • Opinion
  • Vaccines
  • Practice Management
  • Patient Relations
  • Careers

Pharmacies Silent on Malpractice Settlements

Article

When a pharmacy gets hit with a malpractice claim, it often settles quickly—and demands silence in return. If only physicians were so lucky? According to plaintiff attorneys, the majority of...

When a pharmacy gets hit with a malpractice claim, it often settles quickly—and demands silence in return. If only physicians were so lucky? According to plaintiff attorneys, the majority of pharmacy malpractice settlements contain a confidentiality agreement, which bars a plaintiff from talking about the terms of the settlement.

American pharmacies, especially large drug chains, demand the gag clause not only to sidestep negative publicity but also to avoid disclosure to plaintiff lawyers of potentially damaging information, like statistics on the number of prescriptions pharmacists fill in a day. According to a recent USA Today report, the typical confidentiality clause also contains language that the settlement covers “disputed” claims and denies any wrongdoing on the part of the pharmacy.

The result of the secrecy, say some consumer advocates, is that it’s practically impossible to get a handle on the number of prescription errors or any pattern that such errors follow. Legislatives solutions aren’t likely, since lawmakers fear that mandating disclosure would flood the courts as more cases went to trial. Currently, North Carolina is the only state that makes prescription errors public and then only in cases of death or serious injury.

“It is unfair to believe everything we hear about lawyers, some of it might not be true.”—Gerald Lieberman

Related Videos
Victor J. Dzau, MD, gives expert advice
Victor J. Dzau, MD, gives expert advice