The Pharmaceutical Journal
Vol 280 No 7496 p391
5 April 2008

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Pharmacy companies now liable to prosecution for manslaughter

Pharmacy companies are now liable to prosecution for corporate manslaughter under new legislation that comes into effect from 6 April 2008.
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The potential legal challenge also applies to NHS organisations, including trusts, which are registered as “bodies corporate”. Crown immunity against prosecution will no longer apply. Pharmacists who take on the role of responsible pharmacist may also be vulnerable to prosecution under the act, legal experts have warned.

Pharmacy companies that are found guilty under the Corporate Manslaughter and Corporate Homicide Act face an unlimited fine that will be linked to company profits.

Additionally, a judge has the discretion to apply a “publicity order”, instructing a company to publicly acknowledge its error and detail what steps it has taken to ensure it does not happen again.

Although individual pharmacists have always been liable for manslaughter charges, the new law means for the first time that their company can also face prosecution.

Specialist in pharmacy law David Reissner, from legal firm Charles Russell, predicts the change in the law could affect around 70 per cent of community pharmacists.

He is advising pharmacists to carry out a safety audit of their pharmacy to reduce the risk of errors that could lead to a patient’s death and a prosecution under the Act.

The audit should include making sure standard operating procedures are in place, that all staff are trained to apply them and that they are being followed.

He said: “The consequences now are much more serious for companies because what Parliament has done has matched the seriousness of the consequences for the patient with the legal consequences for the company.”

He said: “But pharmacists shouldn’t panic. It’s never too soon to look at your systems and procedures — make sure everybody knows how they are intended to work and that they are working.”

Launching company guidance last October, ahead of the Act coming into force, justice minister Maria Eagle denied the new Act was over-regulation.

She said: “Businesses should see this as an opportunity to make sure they have proper arrangements in place for managing health and safety. It is crucial for the people they employ and their customers that they are responsible and successful corporate citizens.”