Your Risks

Incident and Claims

When any incident occurs or a claim is made against you, the first step is to contact Guild on Freecall 1800 810 213. Our friendly regional staff will provide a prompt and effective response to assist you and get your pharmacy back to normal in the event of a property related claim.

Incidents, complaints and claims relating to dispensing and liability matters require a structured response so that cases are treated equitably for all parties. PDL and Guild work closely together.  PDL provides independent pharmacist pastoral support and technical expertise.

As the law has evolved the complexity of dealing with claims has increased.  It is very important that the following steps are followed in responding to a matter that has arisen.

1. When presented with a complaint, ensure the matter is handled by the pharmacist.

2. Show concern and willingness to correct any error.

3. An apology couched in the right way will not constitute an admission of liability. 

    You should use either of the following which are two ways of apologising without admitting liability.

  • I am sorry this has happened.
  • I know this has caused you concern/pain/anxiety.

4. Check out the alleged error and if established replace the offending item immediately. 

  • If it was dispensed at another pharmacy, check with that pharmacy and replace if possible.
  • Take care not to compound the problem.
  • Retain the evidence if possible.

5. Show empathy towards the patient. This gives them the opportunity to vent their feelings so you might learn where you truly stand.

6. Determine whether any of the wrong drug or dose had been ingested.

  • Has any harm been suffered?
  • Has any expense been incurred?
  • Contact the prescriber.
  • Do not offer compensation – This may be regarded as an attempt to bribe your way out of  trouble.
  • Do not mention your insurance cover or the Pharmacy Board, as this will only sow the seeds of opportunity.

7. At all times remain calm, sympathetic and co-operative. 

Advise that you will investigate how this incident occurred.  Obtain a phone number for any follow-up. PDL currently advise members to say the following to the patient when an error has been made: “We are reviewing our procedures and are putting protocols in place so that the error does not happen again.”

Reiterate this to the doctor.

8. Telephone PDL/Guild Insurance and notify them of the problem. 

You will be advised of what further action to take.  It is important that you report any incident where the wrong drug or wrong dose has been ingested, as a claim could well be lodged at a future date.

9. Record the details and all relevant information in your diary.  These notes may be extremely important in any subsequent defence of a claim.

10. If, after the patient has left the pharmacy, you suspect that an error has been made, act speedily to correct the problem, without causing any unnecessary alarm.

11. When a complaint is initiated by correspondence it is most important that you do not reply without first asking advice from PDL/Guild Insurance. Do not put anything in writing without advice from PDL/Guild Insurance.

12. If confronted by an investigating officer seeking information relating to drugs dispensed for a patient who has died or whose health has been compromised, it is recommended that PDL/Guild Insurance be contracted immediately so that legal advice can be provided.

Please click here for a guide to good dispensing.

 

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