Pharmacy Law Flashcards
Intro to Pharmacy Law
State the different types of law
- Statute Law
- Common (case) law
- Public Law
- Civil law
- Others…
What is Statute Law
- An act of parliament and can be public or private acts
- Proposals for new legislation are called bills
- Often preceded by a discussion document: green paper
- Before a bill is proposed, government will usually signal its intentions with a white paper.
What is public law (include 2 examples)
Involves the state of government can be either statute or common
Examples: Criminal law, administrative law and tax law.
What is criminal law
the decision to prosecute someone alleged to have committed a crime.
The MHRA are responsible for enforcing medicine legislation and are able to bring criminal prosecutions in such cases
Gphc can also prosecute for certain medicine offences.
What is administrative law
It is the body of law that regulates the activities of public bodies including the NHS and pharmacy contractors.
What is Professional law
law allowing disciplining of health professionals
the gphc is constituted in statuatory law
what is standard of care?
Used to judge in a professional tribunal if a pharmacist is guilty of misconduct. the decision is based on civil law.
What is common law
relates to duties and obligations between citizens.
relates to circumstances where legislation does not apply
e.g a pharmacist has a common law duty to care to their patients and public
What is civil law
concerned with disputes between individuals or organizations regarding duties and rights.
What is Vicarious liability
used to explain the legal responsibility that one party may hold for the harmful actions of another even if they are not the party that caused the harm.
What do you need to establish negligence
Duty - that a duty was owed to the patient.
Breach - the professional breached the duty
Causation - that the patient suffered harm
What are the 3 key human rights in relation to healthcare
Article 2 ‘right to life’ - a right not to be deprived of life expect in exceptional circumstances
Article 3 ‘freedom of torture and inhuman or degrading treatment’
Article 5 ‘right to liberty and security’ a right to not be deprivedof liberty in an arbitrary fashion
Article 6 and Article 8, 9 and 14
What people does the equality act protect
Sexual orientation
Disability
Gender Reassignment
Religion and Belief
Race
Pregnancy
Sex
Marriage and civil partnership
Age
state the criminal hierarchical system of courts
Magistrates> crown> divisional> court of appeal> supreme court
state the civil courts
county court> high court> court of appeal> supreme court
state and explain the types of offences
indictable offences- more serious crimes tried in the crown court
summary offences- less serious crimes that are tried in a magistrates court.
triable offences- those which under circumstances are triable as summary or indictable offences.
