An injustice has been done: Jail time handed to a pharmacist who made an error

As I try to think this whole thing through, a few things cross my mind:

1) There is behavior that is clearly and unequivocally deserving of this kind of punishment. Things that come to mind might include coming to work inebriated or stoned, knowingly failing to perform according to the standards set by the department or in state/federal law, knowingly performing tasks in ways that are known to be unsafe or illegal.

2) There is behavior that may have been ill-advised in retrospect but seemed to be appropriate at the time given the lack of alternatives. Eric's continuing to work in what were clearly very adverse conditions without seeking help may have been an example. It is interesting to note that, had Eric done something heroic under these circumstances, he would have been praised for hanging in there and facing the storm, however ill-advised doing so actually was.

3) There is behavior that is simply human, is placed in harm's way, and eventually finds harm.

It seems unlikely that Eric is simply negligent. There is no apparent evidence that Eric had a history of negligent behavior. If he had a history if being fired from other places for making mistakes that isn't known. He does not have a substance abuse problem. He was not knowingly insubordinate or careless.

He was clearly placed in harm's way. The clarity of hindsight might indicate that he should have called for help in an out-of-control situation. The retrospectoscope is always 100% accurate.

The only assertion from Michael's letter is that he continued to make mistakes thereafter.

It is not surprising that Eric would have made other mistakes after this. It is certainly understandable that the emotional/psychological impact of this error could have so shaken him that he could not practice effectively. In my experience, pharmacists I have managed who were once identified as having made an error often lost the confidence necessary to performing their role, even when nobody was hurt. I was personally involved in a medication error for which there were, thankfully, no permanent adverse outcomes, and it shook me to the core. I can image what the impact of this mistake must have been on Eric.

I would like to see this decision reversed; I see no value in his incarceration. I would see value in his rehabilitation because that is what I believe he needs. I doubt that he will get that in jail, or at home with an ankle-monitor on. Perhaps that is where we might consider placing our efforts to help him.