Liability issues relating to contract pharmaceutical services.

Abstract

Liability issues of hospitals with contract-managed pharmaceutical services are discussed. The number of hospitals with pharmaceutical services operated by outside organizations is rapidly increasing. Because pharmacy personnel are employed by the contractor rather than the hospital, a hospital's liability for the actions of these employees is related to the specific agreement between the hospital and the contractor. Application of the doctrine of respondeat superior to these contractual arrangements and specific factors determining the degree of control that the hospital has over contracted employees are discussed. Hospitals contemplating the use of contract-managed pharmaceutical services should determine the exact nature of their liability for the actions of contracted employees.