H.1 Medical Negligence

Question 1

What are the two main categories of law that pharmacists deal with?

Answer 1

Statutory law (comes from parliament)

• Criminal law:
  
  • supply of meds, etc
• Administrative law:
  
  • operation of public bodies- NHS contract, structure
• Professional law:
  
  • Self regulation, statutory committee, PSA

Civil Law
- Relationships between citizen, civil wrong or tort

Question 2

What is negligence ?

Answer 2

Must prove three findings for the plaintiff on the balance of probabilities:

1. A duty of care
2. A breach of the duty of care
3. That breach caused injury or damage

Question 3

What are the legal tests for a duty of care?

Answer 3

1. The damage is foreseeable
2. There must be a sufficiently proximate relationship between parties
3. It must be just and reasonable to impose duty

Question 4

What constitutes a breach of the duty?

Answer 4

Establish the duty of care of the health care professional:
(How the pharmacist should behave)

Responsibly competent:

• due diligence
• special skills

Secondly determine whether the pharmacists conduct fell below that standard

Question 5

What is clinical governance ?

Answer 5

A commitment to continuous improvement of patient care

Question 6

Responsibility

Answer 6

Your job to do this but not necessary

Question 7

Accountability

Answer 7

Your job to achieve this, ensure others do their job and called for failures

Question 8

Liability

Answer 8

Called to account and possibly pay if failure leads to harm

Question 9

What are the root cause analysis ?

Answer 9

Task factors
Workplace factors
Team factors
Personal factors