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Instances and Consequences of Civil Liability Arising from the Dispensing of Medication in a Pharmacy; A Comparative Study in the Laws of Iran and the United States of America
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Samaneh al-Sadat Ghasemi *1    , Leila Javanmard1 |
| 1- Department of Law, Lorestan University, Lorestan, Iran. |
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Abstract: (16 Views) |
Background and Aim: With the advancement of medical knowledge and the proliferation of pharmaceuticals, the dispensing of medication has emerged as one of the most challenging areas of law. Civil liability in this context addresses cases where a defect or error in the dispensing of medication results in harm to individuals. The significance of this issue lies in the need to strike a balance between protecting patients' rights and ensuring legal certainty for manufacturers.
Methods: This study was conducted using a descriptive-analytical method and library-based sources..
Ethical Considerations: Throughout the writing process, authenticity, honesty, and integrity have been upheld.
Results: Errors and shortcomings in medication dispensing - such as incorrect prescribing, failure to consider medical history, and the delivery of defective medication - can give rise to pharmacist liability. Furthermore, failing to provide adequate information regarding a drug and its side effects endangers consumer health. A comparison of Iranian and U.S. laws reveals that in Iran, pharmacy liability varies based on the entity's role (manufacturer or distributor), and the Food and Drug Organization (FDO) is rarely held accountable due to a lack of clear regulations. In contrast, despite the FDA's immunity, manufacturers and distributors in the United States face stricter liability.
Conclusion: Public health depends on the strict observance of professional guidelines regarding the prescribing, dispensing, and communication of information about medications. In both Iran and the United States, primary responsibility rests more with manufacturers and distributors than with regulatory bodies. Establishing clearer regulations and developing consistent legal precedents could enhance accountability and safety in the supply of medicines. |
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| Keywords: Pharmacy, Civil Liability Laws, Dispensing Medication, Health, Fault |
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Full-Text [PDF 609 kb]
(3 Downloads)
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Type of Study: Original Article |
Received: 2025/08/13 | Accepted: 2026/04/14 | Published: 2026/07/23
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