Controversy around the pill afterwards: Court judgment for pharmacists has far -reaching consequences

Controversy around the pill afterwards: Court judgment for pharmacists has far -reaching consequences

The influence of the judgment of the OVG Berlin-Brandenburg on the pharmacists and the company

On June 26, 2024, the Higher Administrative Court of Berlin-Brandenburg (OVG) made a pioneering judgment that focuses on the professional ethics of the pharmacists. In this case, a pharmacist had refused to give a customer the "pill afterwards", which led to a judicial discussion.

The judgment of the OVG emphasizes the responsibility of the pharmacists to take part in the legal mandate to supply the population with medicinal products and to comply with the resulting obligations. In particular, it is clarified that the refusal of the submission of a drug requiring pharmacy is not justified for reasons of conscience. This not only has occupational law consequences, but can also lead to civil law claims for damages if damage to the customer is caused due to the refusal.

The judgment of the OVG shows that the pharmacist's conscience must not be above the pharmacy's supply mandate. It is important that pharmacists take their professional obligations seriously and carefully weigh whether there are exceptions to the duty. Personal sensitivities should not play a role in this, since violations of the compulsory contract can have both professional and civil law consequences.

Overall, the judgment of the OVG Berlin-Brandenburg shows that the pharmacists' decisions not only affect their professional integrity, but also have an impact on society. Ensuring access to urgently needed medication is an important social task that pharmacists have to feel committed.

What does the judgment mean in practice?

The judgment of the OVG Berlin-Brandenburg illustrates the high standards that pharmacists have to do justice to their daily work. All pharmacists should be aware of the legal consequences of refusing medication in order to avoid legal disputes and claims for damages.

- Nag