unit 1 - Duty of care and Negligence Flashcards
What is Duty of Care?
Our ethical, moral and legal obligation to act in our patient’s best interest, to not intentionally cause them harm and to act within our realms of competence and not undertake tasks that you do not believe you can carry out safely
To whom do we owe a Duty of Care?
People to who prescriptions are dispensed
People who are advised and/or provided with pharmaceutical products over the counter
People who are advised and provided with pharmaceutical products through others (relatives or friends)
People about whom information is recorded on Patient Medication Records (PMRs)
Customers coming onto premises
Customers receiving a pharmaceutical service
What can a failure of our Duty of Care lead to?
Can have serious implications for our patients, but can also potentially result in fitness to practise hearings and negligence cases
What is negligence?
A failure to take proper care of something and that carelessness or omission of proper attention results in damage to either a person, property or company
What is medical negligence?
It normally means that there has been a failure in the healthcare provided to a patient that has either caused them harm or, in the worst case scenario, resulted in loss of life
When does negligence become gross negligence?
Death of a patient
Serious harm to a patient
Serious failure of a medical device
How do we differentiate between negligence and gross negligence?
It is differentiated by the degree of disregard by the perpetrator
There is a conscious and voluntary disregard of the need to use reasonable care which is likely to cause grave injury or harm to our patients
What is gross negligence?
A conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to a persons, property or both
It is conduct that is extreme when compared with ordinary negligence, which is a mere failure to exercise reasonable care
What is the result of gross negligence?
It may become a criminal matter, punished as such by the criminal justice system, and in very serious cases, may amount to manslaughter charges if the patient dies
How is negligence established?
In order for a negligence case to be successful, it must establish the following:
- That the defendant owed a Duty of Care to the patient
- That there was a breach in that Duty of Care
- That there was damaged caused as a result of that breach
- The damage caused was reasonable forseeable
- Proximate relationship - the defendant actions were the cause of injury
- Whether it is fair, just and reasonable to impose a duty in the circumstances of the particular case
What are the two defences that can be made in a negligence case?
Contributory negligence
Failure to follow advice
What is contributory negligence?
Patient contributes to their own harm by misusing the product or not following advice given to them
Why is it important to record as much information as possible when you are counselling a patient?
To prove, if necessary, that you have given the patient correct and clear advice so that they can easily follow the instructions
Avoids negligence cases
How can we maintain our Duty of Care and avoid professional negligence?
CPD - keeping our knowledge and skills up to date is central to our professional standards and key to avoiding any potential failures in our practise
Following SOPs, policies and guidelines
Appropriate record keeping
Internal and external audits
Actively demonstrating our GPhC standards in our work
Working within the realms of competence and referring appropriately
Gaining appropriate consent where necessary
