Clinical negligance Flashcards
what are the adverse clinical outcomes that can arise from a clinical negligence claim?
- Unexpected Personal Injury/Clinical Condition;
- Worsening Clinical Condition;
- Increased Length of Hospital Stay;
- Unplanned Readmission to Hospital;
- Transfer to Intensive Care Unit; or
- Death of Patient
what are the professional basis of duty of care?
- Proper Clinical Assessment of Patient;
- Observing Limits of Clinical Competence;
- Updating Professional Pharmacy Knowledge and Clinical Skills;
- Appropriate Clinical Treatment & Drug Prescribing;
- Maintaining Clear and Accurate Clinical Records;
- Accessible to Fellow Healthcare Professionals;
- Consulting with Clinical Care Team; and
- Clinical Referral of Patient for Second Opinion
what is the duty of care in relation to the pharmacist?
- Appropriate Levels of Clinical Skills, Knowledge and Ability;
- Adequate Clinical Instruction, Training & Supervision;
- Provision of Suitable Clinical Equipment in Working Order;
- Safe Working Conditions & Maintenance of Patient Safety; and
- Safe & Secure Access to & Storage of Clinical Records
what occurs as a result of the failure of professionalism in clinical practice?
- NHS Complaints Procedure; and
* Parliamentary & Health Service Ombudsman
what/ who is involved in the clinical negligence scheme for trusts?
• Membership & Level of Clinical Risk; • Solicitor Firms Panel; • Reporting Guidelines; • Formal Investigation; • Pro-Active Steps (Admission, Settlement or Apology); • Five-Year Plan (Early Resolution & Risk Management Principles)
what is the legal basis for the clinical negligence claim?
• The Pharmacist owed Claimant Patient a Duty of Care;
• The Pharmacist Breached the Duty of Care by Non-Observance of
Appropriate Standard of Care; and
• The Claimant Patient’s Harm/Injury was “Reasonably Foreseeable”
from the Breach of Duty of Care
what does the duty of care cover?
ALL aspects of the Clinical Treatment of a Patient.
what should the pharmacist take reasonable care for in regards to the law of clinical negilgence?
A Pharmacist should take Reasonable Care to avoid Act(s)
or Omission(s) which he/she could Reasonably Foresee would cause
Harm or Injury.
A Patient may be Directly or Indirectly affected by the Act(s) or
Omission(s) of the Pharmacist, i.e. the Neighbour Principle
how do you est the duty of care? what should you assess?
Was it Reasonably Foreseeable that the Defendant Pharmacist would
cause the Patient Harm or Injury?
Is there a Sufficiently Close Professional Relationship between the
Pharmacist and the Patient?
Is there a Public Policy against Establishing a Duty of Care?
when is a pharmacist not guilty of clinical negligence?
if he/she
used an Appropriate Clinical Practice endorsed by a Respected
Group of Pharmacists.
how is the legal applicability of bolam principle divided?
- Diagnosis of Clinical Condition; or
* Appropriate Clinical Treatment
what are the non-legal applicability of the bolam principle?
- Informing Patient of Clinical Treatment Options;
- Informing Patient of Clinical Risks;
- Formulation of Basic Diagnostic Decisions; and
- Non-Clinical/Clinical Advice
what must be proven in causation?
A Claimant Patient must prove Causation in a Clinical Negligence
Claim.
A Causal Link between the Pharmacist’s Clinical Negligence and the
Harm or Injury suffered by the Claimant Patient must be Legally
Proven.
what is in the ‘but for’ legal test?
- Failure to Diagnose Life-Threatening Condition;
- Failure to Observe Clinical Guidelines;
- Failure to Undertake Clinical Observations; and
- Failure to Clinically Administer Appropriate Medication
what is the break in the casual link: new intervening act?
There may be a Break in the Causal Link, i.e. “A New Intervening Act”
where a Third Party breaks the Causal Link the Pharmacist’s Act(s) or
Omission(s) and the Harm or Injury suffered by the Patient.
