Professional Liability Flashcards
What are the factors required to hold someone liable for an error?
Negligence
-> Duty
-> Breach of Duty
-> Causation (Acutal cause, Proximate cause (legal cause))
-> Injury
if any of those are missing -> no liability
When is someone considered to have committed Negligence per se?
Violation of statute or regulation
it establishes Duty and Breach of Duty
fe: you don’t counsel when you should
What helps to articulate the Duty?
Standard of Care
-> What would a reasonable and prudent pharmacist have done under similar circumstances at the time
How is the Standard of Care established?
Expert witnesses
Codes of ethics
Laws and judicial decisions
Package insert
Medical/scientifc literature
others
Examples of Breaches of the Duty
Dispensing errors: wrong dose, drug, directions
Errors in judgement: Ambigouis prescriptions, counseling issues (didnt counsel or not cover something that should have been covered in the counseling)
Negligence per se
Actual Cause and Proximal Cause
-Actual Cause
Did the breach actually cause harm?
-Proximate Cause
Was the cause foreseeable?
-Plaintiff must show injury: without harm there is no case
What are the possible consequences if some suffered damage or harm?
Compensatory
-Economic loss
-Medical care, rehab, custodial care
-pain, suffering
Punitive or exemplary -> losing license
-make an example of the defendant
-discourage similar behavior
-Reckless disregard for the safety of others
What does “Respondeat superior” (let the master answer) refer to?
Employer liabilty
-> employer can sue the employee
What does the Statute of Limitations refer to?
How long can someone sue for an error?
One year after finding out about the
-general personal injury
-medical malpractice
What does the Statute of repose refer to?
How long can someone sue for an error?
3 years from the date of the act/omission
exception: if you knowingly conceal (hide) it then it can be extended
