INJURY AND DEATH FOR DRUG Who is responsible for responsibility?
Luis E. G. Leal
In an article published in this blog were referring to the conscious exercise of professional responsibility involved (professional), and that the title is said to be guilty because the injuries are due to incompetence, recklessness, neglect or contempt by the professional, regulations, orders or instructions, that excluded the element of intention or volition. Moreover, no state provides a title, or confers a license to a health professional, so that in the exercise, cause injury or death to people.
clarify this we ask ourselves: Who is responsible for liability for injury or death to persons on medication administration? First we must note that such responsibility is self-medication with the exception of cases when the victim is given drugs and exert their deleterious effects (events of a victim.) In cases in which there is professional intervention, is required to determine who among them have handled the drugs consumed by patients. They are: the pharmacist, who designs, prepares, maintains and dispenses, doctor, dentist and veterinarian, who prescribed it, and he or the nurse who applies it. The degree of responsibility of each of these professionals depends on their performance.
injury or death of a patient because of the use or application of a drug, involves research to identify the remedy employed, the amounts, the ways in which they found in the body, the effects it has caused and the finding circumstances (fraud, fault or accident) that have caused. The science involved in this investigation is forensic toxicology.
Then, when there are injuries or death of persons to administer medications, the chain simply failed drug monitoring and the participation of its members is allegedly committed, making it difficult to determine intervention individual health team members in the production of personal injury. Therefore, the Article 32 of the Medicines Act, ordered the health professionals and drug manufacturers report the agencies responsible for pharmacovigilance evidence of harmful side effects or interactions caused by medications.
If the patient's death occurs when prescribing the drug, allegedly responsibility given to whoever prescribed. If it is a consequence of retailing, is attributed to the pharmacist, and if it caused by errors in fabrication, manufacturing, distribution, labeling, preservation, quality control, health control, forgery, alteration, change of label, usually attributed to who prepares manufactures, distributes, label, maintains, controls, counterfeit, alter, change labels, cases (laboratory farmacopólico and drugstores).
Article 6 of Regulation of the Law Practice of Pharmacy recognizes the scientific responsibility to the head of the establishment pharmacist. Therefore, answers of injury or death to persons on the operations in the pharmacy, laboratories farmacopólicos, drugstores, representation, which make pharmaceutical operations.
