Introduction

This article examines Georgia statutes concerning the Georgia Pharmacy Practice Act in the context of prescription dispensing errors.

Scenario

A patient fills a prescription at a pharmacy on Watson Boulevard in Macon, Georgia. The prescription calls for 10mg tablets of medication, but the pharmacy dispenses 100mg tablets with the label showing the correct 10mg dosage. The patient takes the medication as directed on the label, resulting in a dangerous overdose requiring emergency hospitalization. Pharmacy records show the error occurred during the filling process.

Georgia Law

Georgia Pharmacy Practice Act

Georgia Code § 26-4-60: “It shall be unlawful for any person to compound or dispense any drug except upon the written or oral prescription, which oral prescription shall be immediately reduced to writing by the pharmacist, of a practitioner licensed by law to administer such drug; provided, however, that a pharmacist licensed under this chapter may dispense dangerous drugs in accordance with the provisions of Code Section 16-13-36.”

Pharmacist Duties

Georgia Code § 26-4-80(j): “The practice of pharmacy means: the interpretation and evaluation of prescription drug orders; the compounding, dispensing, and labeling of drugs and devices except labeling by a manufacturer, repackager, or distributor of nonprescription drugs and commercially packaged legend drugs and devices.”

Professional Liability

Georgia Code § 26-4-85: “Any pharmacist who shall practice pharmacy in a grossly negligent manner or a manner harmful or dangerous to patients or customers or to the public at large shall be guilty of unprofessional conduct.”

General Duty of Care

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Conclusion

The scenario describes a patient injured by wrong dosage dispensing at a Macon, Georgia pharmacy. Georgia Code § 26-4-60 addresses prescription requirements. Georgia Code § 26-4-80 defines pharmacy practice duties. Georgia Code § 26-4-85 addresses professional negligence. These statutes establish the framework for pharmacy liability under Georgia law.

FAQ

Q: What does Georgia Code § 26-4-60 require for dispensing drugs? A: Georgia Code § 26-4-60 states it is “unlawful for any person to compound or dispense any drug except upon the written or oral prescription” of a licensed practitioner.

Q: How does Georgia Code § 26-4-80 define pharmacy practice? A: Georgia Code § 26-4-80(j) includes “the interpretation and evaluation of prescription drug orders; the compounding, dispensing, and labeling of drugs and devices.”

Q: What constitutes unprofessional conduct under Georgia Code § 26-4-85? A: Georgia Code § 26-4-85 states practicing “in a grossly negligent manner or a manner harmful or dangerous to patients or customers or to the public at large.”

Q: Where are pharmacy regulations found in the Georgia Code? A: Pharmacy regulations are found in Georgia Code Title 26, Chapter 4.

Q: Does Georgia Code § 51-1-2 apply to pharmacists? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.