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The Pharmacist's Duty to Warn: Lasley v. Shrake's Country Club Pharmacy

Abstract

In March 1994, the Arizona Court of Appeals handed down a decision in Lasley v. Shrake's Country Club Pharmacy that should cause Arizona pharmacists to take a second look at their practice habits. In its opinion, the Court of Appeals applied the Arizona Supreme Court's interpretation of duty, and declined to pass judgment on whether specific conduct on the part of the pharmacy met its duty, remanding the case back to the trial court for that determination. Considering the relatively recent statutory changes that require pharmacists to do more than merely fill prescriptions, this decision is likely to be persuasive and precedential in future cases, despite the fact that few decisions in the past have held pharmacists responsible for warning patients of side effects.

Part I of this Note will look briefly at the facts underlying the decision in Lasley v. Shrake's Country Club Pharmacy. Part II will address the national legal setting and background in which it was decided, and Part III will follow with an analysis of the decision. Finally, Parts IV and V will explore the impact the decision is likely to have in the future

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37 Ariz. L. Rev. 677 (1995)

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Authors

Jill Casson Owen (University of Arizona)

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