511 - Pharm Law - Exam Iii - Malpractice Liability And Risk Management

Front 1

Define: "Malpractice"

Back 1

The absence of, or failure to exercise, proper or ordinary care

Front 2

List the four elements of negligence

Back 2

1) Duty of care owed
2) Breach of duty
3) Causation
4) Damages

Front 3

True or False

In order to legally determine liability, the plaintiff must prove four elements of negligence

Back 3

True

Front 4

Define: "Negligence per se"

Back 4

When a statue or regulation is violated and it leads to personal harm

Front 5

Define: "Actual Cause"

Back 5

Proof provided by the plaintiff which shows that the defendant's conduct was a substantial factor in the harm which occurred

Front 6

Define: "Proximate Cause"

Back 6

The extent of liability placed on the fault of the pharmacist.

For instance, the cause of harm can ride both on the plaintiff and defendant (pharmacist), and this helps define how much blame is placed on the pharmacist.

Otherwise known as limiting the liability of the defendant

Front 7

True or False

Negligence is considered a criminal wrong

Back 7

False

It is considered a tort (a civil wrong)

Front 8

Define: "Actual Damages"

Back 8

Direct compensation based on harm.

Example: If the harm caused a person to miss a week of work, actual damages would be those wages lost

Front 9

Define: "Punitive Damages"

Back 9

Compensation that exceeds what the actual damages may be.

This is often done as a form of additional punishment

Front 10

Define: "Contributory/Comparative Negligence"

Back 10

When a plaintiff has a role in the injury

Typically this means that compensation can be reduced, sometimes in correlation to the amount of responsibility the plaintiff had in the harm

Front 11

Define: "Statue of Limitations"

Back 11

Defines a limited time frame in which someone may bring forth legal charges

Front 12

Define: "Discovery Rule"

Back 12

Related to statue of limitations.

In this case, the time in which to file claim begins when the harm is first documented, not when the circumstances which lead to harm first occurred

Front 13

Define: "Vicarious Liability"

Back 13

Employers can be held legally responsible for the actions of their employees

Front 14

List example Risk Management Techniques given in class

Back 14

1) Show and Tell (Visual and verbal counseling)
2) Triple check Rx + NDC + Show and Tell
3) Echo and Verify phoned Rxs
4) Pharmacist Only Question
5) Usage of Drug Utilization Review

Front 15

Why is the Hooks SuperX Case important?

Back 15

It was the first case which noted that pharmacists had a legal requirement to duty of care for their patients

Front 16

What were the three factors for determining the existence of duty of care for pharmacists?

Back 16

1) The relationship between the pharmacist and patient should give rise to an expanded duty

2) Harm to the patient is reasonably foreseeable to a pharmacist

3) Public policy concerns favor recognizing such an expanded duty

Front 17

One of the factors determining duty of care for pharmacists was concern over public policy.

What were the three considerations which lead to this factor?

Back 17

1) Prevention of intentional and unintentional drug abuse

2) Not jeopardizing the physician-patient relationship

3) Avoiding unnecessary health costs

Front 18

Define: "Wantonness"

Back 18

Conduct which is carried on with a reckless or conscious disregard of the rights or safety of others

Front 19

List the five "Be"s of risk management

Back 19

1) Be correct
2) Be complete
3) Be concise
4) Be consistent
5) Be cautious