Law and Ethics Flashcards
What is concent?
The principle that a person must give permission before they recieve any type of medical treatment, test or examination
To be valid it must be voluntary, informed and they must have capacity
What is an Independent Mental Capacity Advocate (IMCA)?
Somebody that must be consukted if a patient is deemed not to have capacity, and has no close family or friends to make decisions for them
What is a Lasting Power of Attorney (LPA)?
Can arrange for somebody to make decisions for them if they anticipate losing capacity in the future
The person making the LPA can also say what treatments they would like before losing capacity, which must be listened to despite the LPA
Does the ‘Right to be forgotten’ in GDPR count in pharmacy?
Not if it would prevent a HCP from doing their job
Eg, if pharmacists need their drug history to do a clinical check
Who looks after consumer protection law?
Local Trading Standards Officer
The Office of Fair Trading (UK)
If a product is defected, when can the supplier (eg, the pharmacy) be liable?
If they cannot identify the producer, importer or own brand wholesaler/retailer
What is a defective product?
One that doesnt work in reference to safety
Danger of damage to people of property
If damage to property/land occurs due to a defective product, how much damage must have been done before the owner can sue?
Over £275
Are there any time-limitations when it comes to liability?
YES
Must be within 3 years of the damage having occured or the person was notified of the damage
Must be within 10 years of when the product was released by the producer
What is the DMRC?
Defective Medicines Report Centre (DMRC)
Its role is to minimise risk to patient arising from the distribution of defective medicines
What are the 4 classes of defective products in terms of recalling them?
Class 1 –> Defect is life threatening or a serious risk to health
Class 2 –> Defect causes mistreatment or harm to patient
Class 3 –> Defects unlikely to cause harm ut is carried out for other reasons
Class 4 –> Caution in use
Why are medicines licences given?
To ensure that all involved are answerable for their actions
Ensures that all proccess/quality can be monitored
Enables swift corrective action can be taken when needed
What is an off-label use of a drug?
Use of a drug for a condition that it isnt licenced for (but does have a licence for something)
The clinician takes responsivbility for this drug now (not the manufacturer)
When is an unlicenced (‘Special’) medication used?
To fullfil a patient need that cannot be fullfilled by a licenced product
What licence does this drug now have?
Off-label as the drug still has a licence
But by disintegrating the tablet, you are changing its licenced form