By Karen E. Peterson, R.Ph.,  J.D.

This series, Pharmacy and the Law, is presented by Pharmacists Mutual Insurance Company and your State Pharmacy Association through Pharmacy Marketing Group, Inc., a company dedicated to providing quality products and services to the pharmacy community.

Don’t Get Caught In The Gap!

Pharmacists and student pharmacists have many opportunities to become involved in their communities through volunteer participation in health fairs and similar events. This is a great way for pharmacists to demonstrate the value of their profession to their patients, friends, and neighbors. However, pharmacists and student pharmacists should remember to plan accordingly for the liability risks that accompany participation in these events.

Consider the case of John, a pharmacist employed by an independent pharmacy. John’s employer has professional liability insurance on his behalf, but he does not have his own individual pharmacy professional liability coverage. John is certified to give immunizations. His church has money earmarked to use for the benefit of their elderly parishioners. The committee in charge of disbursing the funds decided the money could best be used to offer free flu shots to elderly parishioners. The vaccine was procured through the county health department and the church asked John to administer the vaccine. He willingly agreed because he recognized an excellent opportunity to use his talents to help his church assist its elderly parishioners.

Unfortunately, one of the people to whom John administered a flu shot developed pain, redness, and swelling at the injection site. She went to her doctor, who diagnosed an infection. The doctor also expressed a belief that the infection was related to the administration of the flu vaccine. The infection was successfully treated with antibiotics, but believing she should be compensated for her medical expenses, pain, and suffering, this person sued John.

What does John do now? The flu shot clinic was not related to his regular pharmacy employment, so his employer’s professional liability insurance will not cover him for this lawsuit. The church does not have pharmacy professional liability insurance on John’s behalf, so there is no coverage for this lawsuit through the church either. Because John does not have his own individual professional liability coverage, he is caught in a coverage gap. That means John will be personally responsible for paying an attorney to defend him in this lawsuit, as well as for the amount of any settlement or judgment.

By administering immunizations, doing health screenings, and participating in other professional activities that involve direct patient care, student pharmacists are open to the same professional liability risks as pharmacists. If these activities are not performed as part of school or employment, a student pharmacist could be in the same type of coverage gap as John the pharmacist.

Recognizing that there are liability risks involved with volunteering your professional expertise, it is wise to consider ways to protect yourself. Some states have laws limiting the liability of volunteers. Of course, when volunteering, you should exercise the same professional judgment and discretion as in your regular pharmacy employment. Purchasing individual pharmacist professional liability insurance is an excellent way to protect yourself, regardless of your state’s laws concerning volunteers. In fact, you may be required to show proof of liability insurance prior to volunteering in a professional capacity.

If having your own professional liability insurance is part of your plan to protect yourself from the risks associated with volunteering, make sure you are familiar with your policy. You need to be certain that your volunteer activities are covered by your policy. Also, make your insurance company aware if you volunteer in a professional capacity on a routine basis. The extent to which you volunteer could affect your insurance rates.

Volunteering in a professional capacity is an excellent way for pharmacists to be involved in their communities and demonstrate the value of their profession. If you choose to volunteer your professional expertise, consider purchasing your own professional liability insurance if you have not already done so. Not only will having your own policy close the coverage gap, but it will give you peace of mind and allow you to focus on what you do best—caring for patients.

©Karen E. Peterson, R.Ph., J.D. is a Professional Liability Claims Attorney at Pharmacists Mutual Insurance Company.
This article discusses general principles of law and risk management. It is not intended as legal advice. Pharmacists should consult their own attorneys and insurance companies for specific advice. Pharmacists should be familiar with policies and procedures of their employers and insurance companies, and act accordingly.