Details of the pharmacy clerk selling the wrong medicine are as follows:
(1) Whether the salesperson needs compensation depends on whether he is at fault. If he is not at fault, he doesn't need compensation.
(2) If the salesperson causes economic losses to the employer, the employer may compensate the economic losses according to the requirements of the labor contract;
(3) Compensation for economic losses can be deducted from the employee's own salary.
The drugstore clerk should be responsible for selling the wrong medicine;
Civil liability, if the business operator provides goods or services, causing personal injury to consumers or other victims, it shall pay medical expenses, nursing expenses during treatment, etc. ;
Administrative responsibility, the production and sale of counterfeit drugs, the confiscation of illegal production and sale of drugs and illegal income;
The pharmacy gave the patient the wrong medicine. If patients or pharmacy staff find it in time, they can change it in time. If both parties find out in time, and the patient unfortunately takes the wrong medicine. Therefore, from an objective point of view, pharmacy staff should bear the main fault, and patients should bear some of the faults that have not been investigated. According to the proportion of the fault that the pharmacy should bear, and then multiplied by the loss of the damage consequences caused by this fault, it is the amount of compensation that the pharmacy should bear.
As an obligor for compensation, pharmacies should bear reasonable and necessary expenses, such as medical expenses, lost time, nursing expenses, accommodation expenses, transportation expenses, hospital food subsidies, etc. The patient took the wrong medicine. However, the expenses that should be borne should be multiplied by the proportion of the responsibility that the pharmacy should bear for the fault, and the final amount should be the actual compensation that the pharmacy should bear.
legal ground
People's Republic of China (PRC) Drug Administration Law
Eighteenth to carry out non-clinical research on drugs, it should comply with the relevant provisions of the state, with personnel, venues, equipment, instruments and management systems suitable for the research project, and ensure the authenticity of relevant data, materials and samples.
Article 51 Anyone who engages in pharmaceutical wholesale activities shall obtain the Pharmaceutical Trade License with the approval of the pharmaceutical supervisory and administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. To engage in pharmaceutical retail activities, it shall be approved by the pharmaceutical supervisory and administrative department of the local people's government at or above the county level and obtain the Pharmaceutical Business License. Without a Drug Business License, no drug business is allowed.
The Drug Business License shall indicate the validity period and business scope, and shall be re-examined and issued upon expiration.
The pharmaceutical supervisory and administrative department shall, in implementing the drug business license, not only meet the conditions stipulated in Article 52 of this Law, but also follow the principle of facilitating the people to buy drugs.
Article 52 To engage in pharmaceutical trading activities, the following conditions shall be met:
(1) Pharmacists or other pharmaceutical technicians who have obtained qualifications according to law;
(2) Having business premises, equipment, storage facilities and sanitary environment suitable for the drugs handled;
(3) It has a quality management organization or personnel suitable for the drugs it deals in;
(4) There are rules and regulations to ensure the quality of drugs, which meet the requirements of the "Quality Management Standards for Pharmaceutical Trading" formulated by the drug supervision and administration department of the State Council in accordance with this Law.
Article 53
Engaged in drug business activities, should abide by the quality management norms of drug business, establish and improve the quality management system of drug business, and ensure that the whole process of drug business continues to meet the statutory requirements. The state encourages and guides the retail chain operation of drugs. The headquarters of an enterprise engaged in drug retail chain business activities shall establish a unified quality management system and perform management responsibilities for the business activities of its retail enterprises. The legal representative and principal responsible person of a pharmaceutical trading enterprise shall be fully responsible for the pharmaceutical trading activities of the enterprise.