Malpractice Liability and Risk Management Exam 3

Question 1

What are the elements of a professional malpractice action against a pharmacist?

Answer 1

• Duty owed
• Breach of duty
• Causation
• Damages

Question 2

Duty owed / duty of care

Answer 2

• Duty for pharmacists is an objective standard requiring a degree of care that a reasonable, prudent pharmacist would use under similar circumstances.
• Pharmacists are held to an error-free standard for mechanical-type acts (those not requiring professional judgment).
• In contrast, decisions requiring professional judgment will be judged on the basis of reasonableness.
• Important determinants of duty are relationship and foreseeability.
• Courts are reluctant to find existence of a duty to a person other than patient.

Question 3

Breach of Duty

Answer 3

• A nonjudgmental error in filling (misfilling) a Rx is a breach of duty as a matter of law.
• Proof of standard of care and breach for
  judgmental errors requires expert witnesses testimony.
• Expert witnesses not generally required for misfilling.
• Doctrine of negligence per se means that if a pharmacist violates a statute or regulation, the violation in itself could establish negligence.

Question 4

Causation

Answer 4

– Actual cause: Plaintiff must prove defendant’s negligent conduct was a substantial factor in the harm caused.
– Proximate cause: A determination of the extent to which the defendant should be held liable for the conduct

Question 5

Damages

Answer 5

• Actual damages: loss of income, medical expenses, pain and suffering
• Punitive damages: awarded for willful or reckless negligence, considered as punishment

Question 6

What is the eggshell rule?

Answer 6

must accept patient as he/she is