Law Exam 3

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Author:
Rx2013
ID:
112260
Filename:
Law Exam 3
Updated:
2011-10-25 23:43:16
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Law Chapter
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Law Chapter 8
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  1. Malpractice
    • negligens
    • type of tort
  2. Negligence
    unintentional act that causes harm
  3. Purpose of negligens and malpractice laws
    compensate victim and deter careless and irresponsible acts
  4. Elements of negligence
    • duty
    • breach of duty
    • causation
    • damages
  5. Plantiff must prove
    all 4 elements with a preponderance of evidence
  6. Duty for pharmacists
    requires degree of care that a reasonable prudent pharmacist would use under similar condition
  7. Pharmacists held to error free standard for
    mechanical type acts (not requiring professional judgement)
  8. Nonjudgemental error in filling
    • breach of duty per law
    • expert witnesses not generally required
  9. Actual cause
    plaintiff must prove negligence was substantial factor in the harm caused
  10. proximate cause
    extent to which the defendant should be held liable for the conduct
  11. Actual damages
    • loss of income
    • medical expenses
    • pain and suffering
  12. Punitive damages
    • awarded for willful or reckless negligence
    • considered punishment
  13. contributory negligence
    common law rule completely barring recovery
  14. Comparative negligence
    • statutory
    • requires court base judgement award on relative negligence of each party
  15. limitations of defense to negligence
    • claim must be within a specified period of time
    • discovery rule defers time until injury is discovered
    • statute or repose limits discovery period time
  16. Responsible for the negligence of employes
    employer
  17. Purpose of vicarious liablility rule
    cause employers to hire and train competent emloyees
  18. plaintiff may sue
    employer and or employee
  19. Pharmacy practice has changed
    from processing rx accurately to improving pt outcomes
  20. Pharmaceutical care model
    • patient oriented
    • not physician oriented
  21. traditional position of court reguarding pharmacist legal duty to warn pt
    • pharmacist has no legal duty
    • pharmacist duty is to accurately dispense rx as written
  22. Duty of a pharmacist to provide expanded patient services based on 3 factors
    • relationship
    • foreseeablility
    • public policy
  23. relationship
    • pharmacist patient relationship is independent
    • patient relies on pharmacist because of knowlege
  24. Foreseeability
    pharmacist only expected to warn of foreseeable risk
  25. social policy
    • prevent drug abuse
    • reinforce physician patient relationship
    • decrease health care costs
  26. courts found pharmacists have no general duty to warn absent "special circumstances" which include
    • special instructions by mfg to warn
    • contraindications
    • special knowlege by pharmacist of patient's condition
  27. A pharmacist will be held liable when
    it voluntarily assumes a funtion that it was under no legal obligation to assume and a patient relies on that function to his/her detriment
  28. companies should maintain and develop
    appropriate systems for order processing and to detect errors before a patient is harmed
  29. failure of a business to develop systems in spite of numerous errors could result in
    punitive damages for recklessness or conscious disreguard for safety of pt
  30. Failures of quality casing error and human harm may lead to
    board disciplinary action
  31. the goal of risk management is to
    reduce the incidence of errors thus protecting patients
  32. effective risk managemnt systems requires development of
    quality systems
  33. Risk of corporate negligence requires companies to develop quality improvement plans and use them which requires companies to:
    • maintain policies and procedures related to erros
    • implement incident reporting system where errors are documented, investigated and acted on
    • periodically evaulate employees
    • continually asses and improve quality of system
  34. Pharmacist as risk manager
    • pharmacist should tell pt error was made
    • adequate documentation
    • application of general risk management rules to error
  35. Malpractice insurance
    • individual insurance even if covered by employer
    • exclude intentional violations
    • needs to cover compounding, blood testing, immunizations, initiation or adjusting therapy pursuant to collaborative practice.

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