PHRD5045 (Exam 3) - Chapter 8 Pharmacist Malpractice Liability & Risk Management Strategies

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PHRD5045 (Exam 3) - Chapter 8 Pharmacist Malpractice Liability & Risk Management Strategies
2013-12-12 05:58:47
Pharmacist Malpractice Liability Risk Management Strategies

Pharmacist Malpractice Liability & Risk Management Strategies
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  1. an unintentional act through inattentiveness or carelessness that causes harm
    negligence or malpractice
  2. purposes of malpractice law (2)
    • 1) compensate the victim
    • 2) deter careless/irresponsible acts
  3. 4 elements of negligence
    • 1) duty
    • 2) breach of duty
    • 3) causation
    • 4) damages
  4. types of negligence (2)
    • 1) ordinary negligence
    • 2) gross negligence
  5. level of care/skill, which is acceptable and appropriate by reasonably prudent pharmacist under similar circumstances
    ordinary negligence
  6. reckless disregard or acting so reckless that there is a lack of concern whether an injury will occur
    gross negligence
  7. involuntary manslaughter
    criminal negligence
  8. plaintiff's challenge in malpractice case
    • prove all 4 elements of negligence
    • disprove affirmative defenses
  9. defendant's challenge in malpractice case
    • disprove any one if not all the 4 elements of negligence
    • prove the affirmative defenses
  10. duty for pharmacists
    objective reasonable standard for requiring that degree of care that a reasonable prudent pharmacist would use under similar circumstances
  11. standard pharmacists held to for mechanical type acts
    error-free standard
  12. important determinant of duty
    relationship of defendant and plaintiff
  13. for the pharmacist to be liable (with respect to duty), what must be the case?
    the harm must be foreseeable
  14. degree of prudence and caution required of an individual who is under a duty of care
    standard of care
  15. what determines the level of negligence required to state a valid cause of action?
    standard of care
  16. a non-judgemental error in filling (misfilling) a prescription
    breach of duty
  17. virtually sufficient for presumption of negligence
    evidence of a misfilling
  18. doctrine of negligence per se
    if a pharmacist violates  a statute or regulation, the violation in itself could establish negligence bc the statute is standard of care
  19. most common reason for wrong drug error by pharmacists
    misunderstanding between the prescriber and pharmacist
  20. requirement for the defendant to be liable for harm to the plaintiff
    each of the links in the chain of causation must be foreseeable to the defendant
  21. compensatory/expectation damages
    actual damages
  22. punitive damages
  23. type of damage in which loss or harm was technical rather than actual or point of law had to be settled by the courts
    nominal/contemptuous damages
  24. common law rule completely barred plaintiff's recovery if the plaintiff could have avoided the consequences of the defendant's negligence by ordinary care
    contributory negligence
  25. statutory, requiring court to base judgement award on relative negligence of each party
    "pure" comparative negligence
  26. plaintiff is permitting to recover whatever percentage of the damages corresponds with the defendant's percentage of fault, provided that the plaintiff is less than 50% at fault
    "modified" comparative negligence
  27. defers the statute of limitations until the plaintiff actually discovers what caused the injury
    discovery rule