Law 1

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Author:
kyleannkelsey
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295586
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Law 1
Updated:
2015-02-11 13:58:22
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Law
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Law 1
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Law 1
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  1. 3 types of law and their functions
    • -legislative: develops and passes laws
    • -executive: executes, develops and implements and signs all laws
    • (except in the case of overriden veto)
    • -judicial: interprets laws
  2. statutory vs administrative law
    • -statutory: enacted by legislative branch in agreement w/executive, broad framework
    • e.g. FDA
    • -administrative: administrative agencies oversee implementation of laws passed by legislature, detail-oriented
    • e.g. boards of pharmacy
  3. T/F: A board of pharmacy can dictate how many employees a pharmacy can hire because this is related to patient safety
    F (exceeds authority)
  4. 3 components of tort law
    • -intentional
    • -negligent
    • -without fault
  5. criminal law
    • -r'ship btwn individual and society
    • -punishment: fines and/or imprisonment
    • -e.g. FDA
  6. civil law
    • -r'ships btwn individuals
    • -punishment: fines
  7. what is a major requirement of criminal law (i.e. in order to charge someone with murder you need to establish this)?
    intent to harm
  8. OBRA 90
    • -ordered states to establish minimum standards for pharmacists to offer counseling to Medicaid pts
    • -not complying with this --> loss of federal funding
  9. negligence theory
    -failing to do or doing something that a reasonable/prudent person would or wouldn't do (TARP)
  10. Tort
    a wrongful act for which a civil action will lie, except one involving a breach of contract
  11. 2 types of civil law
    • -contract law: agreement btwn >=2 people with regard to future performance and payment
    • -tort law: wrongful act for which a civil action can be brought
  12. 3 types of tort law
    • -intentional: harming someone else on purpose
    • -negligent: harming someone by behaving recklessly
    • -strict liability: has "without fault" element
  13. 4 elements of negligence (must be met for lawsuit to be successful)
    • -duty
    • -duty breached
    • -damages
    • -direct causation
  14. Duty
    • -statutory/administrative laws: e.g. offer to counsel pts on rx's
    • -professional standards: e.g. if pt is harmed by MTM, the pharmacist will be held to APhA's MTM standards
  15. duty breached
    • -duties not carried out or carried out inappropriately
    • -pharmacists have a duty to know/act on medication information even if it goes against the prescriber's wishes
  16. Damages
    • -whether breach of duty caused substantial harm (physical, emotional/psychological or "pain and suffering")
    • -awarded damages: compensatory or punitive (compensation + fine)
  17. direct causation
    • -whether pharmacist directly caused damage
    • -actual cause/cause-in-fact: if not for the defendant, the plaintiff wouldn't have been harmed
    • -legal/proximate cause: other events occurred in btwn that might have caused harm
  18. negligence per se (statutory negligence)
    • per se: by or of itself, instrinsically
    • -intentional violation of law that results in pt injury
    • -automatically proves duty and duty breached
    • -no professional liability insurance coverage
  19. contributory negligence
    -assigns some blame to plaintiff b/c they contributed to negligence
  20. comparative negligence (fault)
    -jury awards a percentage of blame to plaintiff and defendent
  21. respondeat superior
    • -superior is responsible for actions of employees under their supervision
    • -essential to have policies/training in place to prevent law violations
  22. traditional vs expanded pharmacist responsibilities
    • traditional: right dose, drug and patient according to Rx order
    • -expanded: judgmental responsibilities added (not dispensing inappropriate meds) and counseling
  23. T/F: Most negligence claims due to wrong strength of drug dispensed
    T (mechanical errors)
  24. speculative vs pure risk
    • speculative: loss or gain is a choice, not insurable (e.g. gambling)
    • -pure: can only experience loss, is out of one's control, is insurable
  25. risk management vs risk assessment
    • risk management: avoiding lawsuits (includes risk avoidance, absorption, transfer and prevention)
    • -assessment: benefits vs risks of prescribing upon reviewing Rx's
  26. risk avoidance
    • avoiding activity that exposes you to liability
    • -e.g. not compounding opthalmic products in non-sterile environment
  27. risk absorption
    • risk is recognized but nothing is done to reduce potential losses
    • -done when potential loss is small or if insurance cost is too high
  28. risk transfer
    shifting risk to 3rd party (e.g. insurance)
  29. duty to warn
    • includes: directions for use, side effects, DDIs, excessive dosages and contraindications
    • -limitations: unforseeability
  30. duty to detect potential problems
    • addiction
    • -excessive refills
    • -common/dangerous side effects
    • -therapeutic duplications
    • -drug-disease contraindications
    • -allergies
  31. risk assessment counseling vs risk management counseling
    • assessment: information on whether or not pt should use a drug (major risks, what medication is used for)
    • -management: information on correct use of drugs in order to minimize side effects and maximize efficacy
  32. occurrence vs claims-made policy
    • occurrence: best type of insurance, covers any incident that happens while policy is effective regardless of when lawsuit is filed (insurer assumes perpetual liability)
    • -claims-made: doesn't have to be in effect when incident occurs but does when claim is filed (no current policy=no protection)
  33. "right to settle" clause
    insurance can settle without admitting fault rather than go to trial

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