Franke, Schultz & Mullen, PC | FSM Team Creates New Pharmacist Malpractice Law
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FSM Team Creates New Pharmacist Malpractice Law


The FSM team of Brad Nielsen, Nikki Cannezzaro, and Chris Brackman took an appeal of an adverse trial court ruling all the way to the Missouri Supreme Court to establish new precedent in the area of pharmacy malpractice.  In essence, the Missouri Supreme Court upheld the decision of the Missouri Court of Appeal which sided with the FSM team in holding that Pharmacists were indeed protected by a Malpractice statute that until this case had applied to doctors, surgeons, and chiropractors.  Now, in order to bring a pharmacy malpractice case, a plaintiff will need to submit an affidavit of a practicing pharmacist that alleges the defendant pharmacist breached the applicable standard of care.  Previously, no Missouri court had determined that issue.