Week 3: Negligence in Pharmacy Flashcards
What are the basic elements of Negligence?
A duty must exist. There must be a breach of that duty. The breach of duty must cause the harm or injury incurred
How can a standard of care become a duty?
1) Relationship: pharmacist-patient. 2) Foreseeability: could it have been prevented. 3) Public policy: based in law or what is a societal expectation
What is the concept of Res Ipsa Loquitar?
There is a more than likely possibility that the defendant caused the injury to the plaintiff since the events were caused by an instrumentality in the exclusive control of the defendant (example of surgeon leaving pad in patient)
What is Prima Facie Case?
A case sufficient on its face, being supported by at least the requisite minimum of evidence, and being free from palpable defects (all the elements are there; clear cut)
What is Respondeat Superior?
The employer is liable for the acts of its employees within the scope of the employees employment
What is Vicarious Liability?
The imputation of liability upon one person for the actions of another
What is the concept of Premise Liability?
Under the law, there are three ways you may be judged as you come onto the property of another: 1) As a Licensee, 2) As an Invitee, 3) As a Trespasser
What is the concept of Negligence Per Se?
When you break a law, that itself is negligence because law is bound to duty
What is the Learned Intermediary?
Pharmacists. They’re in the middle of the doctors and patients. Doctor should inform patient off all effects of a drug, patient should comprehend this
What is Contributory Negligence?
Conduct on the part of the plaintiff that falls below the standard which he should conform for his own protection, and which is a legally contributing cause, in addition to the negligence of the defendant in bringing about the plaintiff’s harm
What is Comparative Negligence?
The allocation of responsibility for damages incurred between the plaintiff and defendant, based on the relative negligence of the two. Reduction of damages to be recovered by the negligent plaintiff in proportion to his fault
What are the essential elements of Last Clear Chance Doctrine?
1) The plaintiff by his own negligence placed himself in a position of danger. 2) The plaintiff could not extricate himself from the danger. 3) The defendant, seeing the plaintiff in such position, by exercising due care on his part, had a clear chance to avoid injuring the plaintiff. 4) The defendant failed to exercise such due care. 5) As a result of such failure on the defendants part, the plaintiff was injured
What is Barred by the Statue of Limitations?
Any law which fixes the time within which parties must take judicial action to enforce rights or else be thereafter barred from enforcing them
What are some defenses to negligent claims?
Contributory negligence. Comparative negligence. Last Clear Chance Doctrine. Assumption of risk. Barred by the Statue of Limitations
