Law/ethics Tst3 Law

Front 1

Malpractice law has 2 purposes (w/ 1 each)*******

Back 1

1)Compensation
a)put injured party back in position they were b4

2)Deterrence
a)serves as reminder that axns have consequences

Front 2

Elements of a tort (4)*****

Back 2

1)a duty owned
2)breach of duty
3)causation
4)damages

ABCD

Front 3

Def of Tort (3)

Back 3

1)a wrong (private or civil)
2)OR injury arising from a breach of legal duty
3)duty exists by virtue of society's expectations of interpersonal conduct

Front 4

Duty of Care
a)def
b)means that...****

Back 4

a)DPh must use the degree of care that a reasonable and prudent person would use under similar circumstances

b)pharmacist is bound to exercise skill generally possessed by well-educated pharmacists who are considered competent in profession of pharmacy

Front 5

Pharmacists dilemma in Duty of care (2)

Back 5

1)casual bystander rule does NOT apply
2)non-judgmental tasks, but owes duty of care to all pts

Front 6

Pharmacist Duty of Care
a)if no warning is given...

Back 6

about a KNOWN drug and that effect occurs to detriment of pt; it was our duty to warn

Front 7

Breach of Duty (3)

Back 7

a)DISPENSING ERRORS are considered a breach of duty w/o further evidence reqd
b)evidence of a misfilled Rx is virtually sufficient for a PRESUMPTION of negligence
c)pharmacist must introduce evidence to rebut the presumption of negligence created by th error

Front 8

Punitive Damages
a)purpose
b)most common causes of punitive damage awards in DPh malpractice cases (4)

Back 8

a)punish/make example

b)COVER UP of dispensing error
b)CARELESSNESS
b)FAILURE TO FOLLOW A STANDARD PROCEDURE in dispensing
b)WILLFUL AND WANTON CONDUCT (reckless disregard for safety)

Front 9

Purpose of actual/punitive damages

Back 9

actual- compensation

punitive- punish or make an example

Front 10

Category 1 punitive damages (3)

Back 10

1)stand of proof: clear and convincing
2)guilty of reckless disregard for the rights of others
3)max damages: $100,000 or amount of actual damages (whichever is higher)

Front 11

Category 2 punitive damamges (4)

Back 11

1)standard of proof: clear and convincing
2)defendant acted intentionally and w/ malice
3)separate hearing for punitive damages
4)max damages: $500,000, 2x amt of actual damages, amt of financial gain to defendant (greatest of)

Front 12

Category 3 punitive damages (4)

Back 12

1)standard of proof: clear and convincing
2)defendant acted intentionally and w/ malice
3)judge must find beyond reasonable doubt
4)NO max punitive damage (whatever jury determines)

Front 13

2 defenses to Negligence

Back 13

1)contributory negligence by the plantiff
2)statute of limitations for the axn

Front 14

Contributory Negligence by the Plantiff (3)

Back 14

1)if plantiff contributed to the damage or harm, there could be NO recovery
2)juries no like this system and almost always found NO contributory negligence (even when apparent)
3)NOT used anymore

Front 15

Comparative Negligence (3) and ex

Back 15

1)replacement for contributory negligence
2)not a strict bar to recovery
3)causes the verdict to be reduced by the percentage of fault attributed to the plantiff

damages are $100 and plantiff is 30% at fault then collectable damages are $70

Front 16

Comparative Negligence in OK (4)

Back 16

1)its called modified comparative negligence in OK
2)if plantiff is MORE than 50% at fault, they canNOT collect
3)pure comparative negligence allows the plantiff to collect even if they are 99% at fault (would collect 1%)
4)BUT pt can collect if plantiff negligence is greater than any single defendant (see next card)

Front 17

Statue of Limitations (defense to negligence) (3)

Back 17

1)is a time limit after which claims are barred
2)some "wiggle room" on setting the day on which the statue begins to run (brings into question the last day to file)
3)thought that the DAY THAT THE INJURY IS DISCOVERED is the first day of the Statue of Limiations (discovery rule)

Front 18

Statute of Limiations (defense to negligence) PURPOSE (2)

Back 18

prevent the litigation of stale claims many years after events that allegedly caused harm

when memories have faded and witnesses have disappeared

Front 19

Statue of repose in Statue of limitations

Back 19

1)limits length of time after which the discovery rule can be used to prolong the permissible time for filing

Front 20

OK law w/ Statue of limitations (4)

Back 20

1)case arising out of pt care, shall be brought within 2yrs of date the plantiff:
a)knew or should have known
b)through the exercise of reasonable dilligence
c)of the existence of the death, injury or condition complained of

Front 21

Adequate Drug Warning (4)

Back 21

1)should present a reasonably balanced picture of the effectiveness, hazards, and safety of the drug
2)warning must be timely
3)even if not fully understood or researched
4)if a link is suspected b/w the drug and a harm, a warning if reqd

Front 22

OBRA-90 standard (5)

Back 22

1)Require an offer to counsel for Medicaid patients
2)Offer to discuss prescribed meds
3)Discussion must pertain to matters deemed significant by the pharmacist
4)Does not require counseling, but an offer to discuss
5)Does not, by itself, create a duty to counsel

Front 23

General rule of NO duty to counsel (1)
a)practice standard
b)optimal effort

Back 23

1)must do what a REASONALBE DPh would do under SAME OR SIMILAR cirumstances

a)optimal, not maximal or minimal effort from DPh
b)DPh will do whatever is reasonably necessary under the circumstances

Front 24

Rationale for DPh duty to counsel (3)

Back 24

1)pts have right to info about the drugs that are dispensed to them
2)outcomes improve w/ education/counseling
3)DPh's have knowledge and skill to provide warning

Front 25

Exception to the general rule of NO DUTY to counsel (ie when a duty does exist) (4)

Back 25

1)special knowledge (like allergies)
2)obvious inadequacy (warnings/limitations left off)
3)voluntary undertaking
4)public expectation (like advertising computer system)

Front 26

Voluntary Undertaking (2)

Back 26

1)pt info leaflet (gives some counseling but some pts say it is inadequate)
2)provide a focused/limited warning to pts but make it clear that the warning is limited and tell pt its their responsibility for seeking additional info

Front 27

Limits on DPh's legal duty to counsel (3)

Back 27

1)RARE extreme allergic rxn
2)causation (what occurred in b/w the dispensing and injury)
3)pt's waiver of right to counseling

Front 28

Ethics of Care strengths (2)

Back 28

1)focuses on duty and obligations and on what we “ought” to do
2)focuses on impartiality in decision-making, but how can we be impartial when it comes to our family

Front 29

Virtue ethics accoring to:
a)Deontology (Categorical imperiative)
b)Ethical Egoism
c)Social Contract
d)Utilitarianism

Back 29

a)our duty is to follow the rules we want to see as universal laws

b)each person should do what promotes their own self-interest

c)follow rules that rational people can agree to establish for our mutual benefit

d)promote the greatest happiness for the greatest #

Front 30

Virtue def (what is a virtue?) (3)

Back 30

1)helps us move closer to another person; vices push us away
2)trait of character, manifested in habits that are good for a person to have
3)they resonate w/ people, a balance b/w excess and insufficiency

Front 31

Beneficence def
a)Hippocrates
b)Today (3)

Back 31

a)the moral obligation of medicine was to act for the good of the pt

b1)conscious act of working for the pt's benefit characterized by + steps to help others in distress
b2)active role and predisposition or character trait toward helping others
b3)NOT impartial

Front 32

Ethics of care say our obligation is to.....

Back 32

THOSE WE KNOW

Front 33

General Benefience (3)

Back 33

1)looking out for the welfare for all people
2)moral obligation to help those beyond ppl we have personal/professional relationships
3)should NOT present risk, cost, burden to self/family