مجلة طبنـــة للدراسات العلمية الأكاديمية
Volume 8, Numéro 2, Pages 1872-1882
2025-12-19

The Civil Liability Of The Pharmacist For The Professional Errors Of Their Assistants

Authors : Sarra Azzouz .

Abstract

The profession of pharmacy is one of the vital health professions, given its fundamental role in safeguarding public health through the provision, preparation, and dispensing of medicines—whether pursuant to medical prescriptions or in accordance with established pharmaceutical standards. The Algerian legislature has accorded this profession significant attention by incorporating it within the legislative framework of Health Law No. 18/11. However, the pharmacist does not perform their duties in isolation. They rely on technical and professional assistants entrusted with carrying out preparatory and technical tasks related to the compounding of medicines and their sale to customers, all under the pharmacist’s supervision and oversight. This relationship establishes a legal bond of subordination, thereby opening the door to the pharmacist’s civil liability—whether contractual, where a direct relationship with the patient exists, or tortious, where such a relationship is absent—for damages resulting from the professional errors committed by their assistants in the course of, or in connection with, their duties.

Keywords

Pharmacist ; Assistants’ Errors ; Contractual Liability ; Tortious Liability