Introduction
The Teary Druggist case refers to a scenario where a pharmacist was charged with the death of a little girl due to a grave medical error. Despite not being directly involved, his status as a supervising pharmacist landed him criminal charges for negligence that resulted in the loss of life (CNN, 2010). The family reported the pharmacist’s actions to the state pharmacy board, which then investigated the matter. This case raised several legal issues concerning substantive criminal charges and civil lawsuits against the pharmacist.
Criminal Charges
In this case, the criminal charges filed against the pharmacist resulted from a medical error committed by a pharmacy technician. The pharmacist, Erick Cropp, who was the supervising pharmacist, was charged with involuntary manslaughter after the death of a two-year-old cancer patient, Emily Jerry (CNN, 2010). The state pharmacy board is responsible for enforcing laws and regulations related to pharmacy practice, and it is likely that they, along with the victim’s family, brought these charges against the pharmacist. Emily’s death resulted from being given a chemotherapy drug infused with a salt concentration twenty-three times higher than the normal dose (CNN, 2010). Hence, the prosecutor’s office charged him in court for failing to notice the mistake in the drug.
Tort Lawsuit
In addition to criminal charges, Emily’s mother brought a tort lawsuit against the pharmacist. In this case, the tort lawsuit was for negligence by Eric (Pozgar, 2013). Negligence here refers to the failure of the pharmacist to exercise reasonable care by providing the incorrect dosage of the chemotherapy drug, which resulted in the death of the cancer patient (CNN, 2010). Emily’s mother had the right to sue the pharmacist as the pharmacist’s actions directly harmed her.
Standard of Proof in Criminal Law
The standard proof required to obtain a conviction in a criminal case is beyond a reasonable doubt. This means that the prosecution must present evidence that leaves no doubt in the jury’s minds that the defendant is guilty of the crime charged. This is the highest standard of proof, ensuring that individuals are not convicted of crimes unless the evidence against them is robust.
The deed itself, which is the “actus reus” or criminal action, the required intellectual state, which is the “mens rea” or mental element, and the accompanying context are the three components of a crime (Pozgar, 2013, p. 124). The prosecution must present the above elements as evidence, establishing that the crime undertaken is beyond a reasonable doubt. Otherwise, the defendant is exonerated of the accused crime.
Burden of Proof in Civil Law
On the other hand, the burden of proof in a civil case is lower. Civil cases require proof based on a preponderance of the evidence. Pozgar (2013) states that the plaintiff must present evidence that is more likely true than not. This is a lower standard of proof than in criminal cases, as the consequences of a civil case are generally less severe. In a civil lawsuit, the plaintiff must prove that the defendant’s negligence caused harm to the plaintiff and that the harm resulted in damages.
Conclusion
In conclusion, the Teary Druggist case resulted in criminal charges of professional negligence filed against the pharmacist. The pharmacist faced an additional charge of involuntary manslaughter, as his actions caused the patient to die. In a criminal case, the prosecution must prove guilt beyond a reasonable doubt to obtain a conviction. In contrast, in a civil case, the burden of proof is by a preponderance of the evidence. It is important to note that the proof standard in criminal cases is higher than in civil cases, reflecting the seriousness of the potential consequences for the accused.
References
CNN. (2010). Teary druggist jailed in death. [Video]. YouTube. Web.
Pozgar, G. D. (2013). Chapter 5: Criminal aspects of health care & Chapter 7: Civil procedure and trial practice. In Legal and ethical essentials of health administration (2nd ed., pp. 122–193). Jones & Bartlett Learning.