state the 6 steps of the systematic process for using professional judgement
- identify professional issue
- gather relevant information
- prioritise and ascribe values
- generate options
- choose an option
- make records of decision and justification
what are the 2 things included in criminal law?
- Acts (primary)
- Regulations and Statutory Instruments (secondary)
who enforces criminal law and what happens if the laws are breached?
- police enforces
- criminal prosecution if breached
- eg. prison, community order, fine
examples of criminal law relating to pharmacy
- Misuse of Drugs Act
- Human Medicines Regulations
- Equality Act
- error in the controlled drug register
what can civil law cases be based on?
breaches of statutory or common law
who are the proceedings brought against in civil law cases?
- an individual or organisation
- plaintiff brings civil action against the respondent
describe the degree of proof in civil law cases
- on the balance of probabilities
- I.e. more likely than not
- lower standard of proof than criminal law
what punishments are involved in civil law bases?
if court finds in favour of the plaintiff, fines or compensation
examples of civil law cases
- medical negligence (failure to provide duty of care to patient)
- defamation / slander
describe administrative law and give 2 examples
- laws governing the activities of public bodies
- eg. NHS laws, contracts
who are administrative law cases brought between?
public bodies, their servants and clients
where are administrative law cases heard?
at tribunals rather than than in court
if an administrative law breach is proven, what punishments exist?
- administrative sanction
- I.e. loss of remuneration, loss of contract or fine
what else relating to pharmacy is heard in administrative court?
appeals to GPhC sanctions
what is meant by ‘all reasonable steps’?
- if a complaint or issue is brought up, consider whether other professionals would have done the same as you
- being reasonably certain that you have adhered to the expectations of the reasonable person
what does ‘all reasonable steps’ have legal applications in?
most cases of professional negligence involving healthcare professionals
what is meant by vicarious?
the actions of others
what may employers have vicarious liability for?
the actions of their employees if loss or damage to a person has occurred during the course of their employment
who do claimants usually seek compensation from: the pharmacy organisation or the individual who has made an error?
the organisation - they tend to have more money!
give an example to explain what is meant by vicarious liability
if an employee leaves new stock in the way and a customer trips, employer will have responsibility unless employees are specifically told not to do that
what is meant by ‘Good Samaritan acts’?
if something happens whilst not working or on duty (eg. someone has a heart attack at a restaurant you are eating in) you go to help in any way you can without exceeding your level of competence
what do pharmacists have the ethical duty to do if they see someone in need of help when they are off duty?
- provide what assistance you can in the circumstances
- getting further assistance is key
- do not act beyond competence
- protect casualty from further harm
what 2 things still apply whilst carrying out a Good Samaritan act?
consent for treatment
confidentiality
what is the intention behind the Social Action, Responsibility and Heroism Act 2015?
- helps protect anyone (including non-healthcare professionals) who acts to help others in an emergency
- intended to reduce resistance to offering help
- doesn’t legally obligate individuals to act
