Abrams v. Bute
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Miller, J.
This appeal and cross appeal require consideration of the duty owed by a pharmacist in filling a prescription issued by a physician. In view of our limited precedent on this subject, we take this opportunity to clarify the nature of a pharmacist’s duty and the means by which the appropriate standard of care may be established in any particular case. We conclude that when a pharmacist has demonstrated that he or she did not undertake to exercise any independent professional judgment in filling and dispensing prescription medication, a pharmacist cannot be held…
2Cases cited76 opinions
- Espinal v. Melville Snow Contractors, Inc.New York Court of Appeals · 2002
- New York University v. Continental InsuranceNew York Court of Appeals · 1995
- De Long v. County of ErieNew York Court of Appeals · 1983
- Hamilton v. Beretta U.S.A. Corp.New York Court of Appeals · 2001
- Lauer v. City of New YorkNew York Court of Appeals · 2000
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3Cited by14 opinions
- Trisvan v. HeymanDistrict Court, E.D. New York · 2018
- Wolf v. CruickshankAppellate Division of the Supreme Court of the State of New York · 2016
- 143 Bergen Street, LLC v. RudermanAppellate Division of the Supreme Court of the State of New York · 2016
- Chandler v. Janssen Pharm., Inc.District Court, E.D. New York · 2018
- Belotti v. Northern Westchester Hosp.Appellate Division of the Supreme Court of the State of New York · 2024
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