Mistakes in prescribing and dispensing medicines can give rise to medico-legal problems for doctors, including claims in negligence and disciplinary proceedings before the Malaysian Medical Council. There are to be observed legal requirements, including such as are laid down by the Dangerous Drugs Act 1950 and the Poisons Act 1952 and the rules and regulations made under the those Acts. Doctors have been prosecuted in court and proceeded against before the Medical Council for failing to comply with the requirements regarding the storage, supply, prescription and dispensing of controlled drugs and the keeping of records relating to such drugs.

DISPENSING AND PHARMACISTS

The proposal to transfer the dispensing function to pharmacists would have the incidental effect of reducing to some extent the exposure of doctors to medico-legal problems. With a greater role for pharmacists would come a greater ethical and legal burden for them. For example, in a well-known case, a doctor’s poorly-written prescription of “Amoxil 250 mg” led a pharmacist to dispense, without checking with the doctor, Daonil 5 mg to a patient who was not a diabetic, thereby causing the patient to suffer severe hypoglycaemic shock and brain damage. In court, the doctor was found 25% liable and the pharmacist 75% liable for the damages.

MDM recognises that there are various business, legal, ethical, professional, economic and social concerns which would need to be addressed in regard to the proposal to transfer the dispensing function to pharmacists. Such concerns should no doubt be addressed by certain professional bodies representing the medical, dental and pharmacists professions.

ADVICE

MDM offers some general advice to its members as follows:-

1. Be ready to justify your prescription;
2. Write prescriptions legibly;
3. Avoid confusing language and short forms in your prescriptions;
4. If necessary, take a drug and other relevant history from your patient;
5. Give in clear terms to patients the necessary advice regarding such matters as dosage, administration, adverse reactions and side effects;
6. Give your contact details on the prescription;
7. Explain your prescription if the pharmacist checks it with you; and
8. Be familiar with and follow the law regarding storage, supply, prescription and dispensing of drugs and also regarding the records to be kept.