Professional Regulation and Criminal Liability Essay examples

1736 Words Jul 25th, 2015 7 Pages
Professional Regulation and Criminal Liability
July 16, 2015
HCS/430

Professional Regulation and Criminal Liability: Pharmacists
A profession is “an occupation based on the mastery of a complex body of knowledge and skills. It is a vocation in which the practice of an art is used in the services of others” (Schmitz & Martin, 2008, p. 1). Belonging to a certain profession requires one to agree to demonstrate integrity, selflessness, competency as well as morality. This becomes the foundation on which the medical profession gets autonomy of practice from the society and a chance to experience self-regulation. Pharmacy is one of the medical professions whose practitioners help people to utilize medications to the best. It is notable
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Cases of medical malpractice are usually presented in form of lawsuits. A client may for instance cite injury as emanating from a pharmacist’s incorrect filling of prescription and this becomes professional negligence which may be used against the pharmacists in a civil proceeding. The dispute is resolved before a jury and appropriate action is taken depending on the evidence presented. Criminal violations by pharmacists are usually considered as intentional misconduct and these kinds of violations are usually brought forward by an attorney. A criminal court is responsible for handling such a case. It is notable that criminal violations in the pharmacy profession are rare but they exist (Darvey, 2008).
In the United States, a client may file a case against a pharmacist and in this case he or she must follow an adversarial process. The court procedure differs to some extend depending on whether the case is presented in a federal or a state court or whether it is a civil or criminal action. The court where the case is to be presented should have jurisdiction over the plaintiff and the defendant. Where both subjects are from the same state, the case can be filed in a state court otherwise federal court handles the case. It is important to note that the plaintiff must be the individual who was harmed by the pharmacist’s malpractice otherwise the plaintiff would be denied a standing. In addition, it is important to

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