Exam 1 Flashcards
(276 cards)
pharmacy errors may be responsible for ____ deaths per year
7,000
_____% of all prescription errors are discovered during patient counseling
83%
82% of errors are ___
mechanical (dispensing)
Thomas v. Winchester
pharmacist responsible for the consequences of mistake
CT definition of error:
act or omission of clinical significance relating to dispensing of a drug that results in or may reasonably be expected to result in injury to or death of a patient
CT Error Reporting Regulations: (3)
- implement QA program to detect and prevent errors
- Notify patient and practitioner if error discovered, communicate method for minimizing consequences of error
- Post sign - “if you have a concern that an error may have occurred…” - this also appears on receipt or bag
QA review for each prescription error within ___ days of discovery
2
QA review of errors maintained for ____
3 years
List four elements that must be present for civil lawsuit:
duty, breach of duty, causation, damages
_________: a dereliction of professional duty or a failure to exercise an accepted degree of professional skill or learning by one rendering professional services which results in injury, loss, or damage
malpractice
______: a legally enforceable obligation to conform to a particular standard of conduct
duty
negligence per se:
violation of statutes or regulations
does causation need to be direct?
no
Speer v. US
superseding cause: patient stockpiled drugs and committed suicide - not foreseeable, so pharmacist not liable
Emerging duty
“institutional controls” - requires pharmacy owner or chain to institute a system of risk management to reduce number of errors in its pharmacies
vicarious liability
pharmacy liable for damages caused by its employees if they are acting within the course and scope of their duties for the pharmacy
Harco v Holloway
vicarious liability of pharmacy for damages caused by employees
Duensing v Huscher
child gets phenobarb suppositories instead of aspirin suppositories, 22K for damages, 15K for punitive. Rx filled by non pharmacist, no pharmacist present
Orzell v Scott Drug
plaintiff who is harmed due to own illegal conduct may have responsibility, may be barred from recovery or damages may be reduced
statute of limitations: in CT, _____
2 years from discovery, 3 years from act
are retail sellers liable for faulty products?
yes, under some circumstances
_________: Rx manufacturer owes duty to patient to warn physician but not the patient directly
learned intermediary
exception to learned intermediary protection for pharmacists:
compounding
Fleet and Semple v Hollenkemp
it is the duty of druggists to know the properties of the medicine which they vend, and to employ people who can discriminate and compound according to prescription and they are responsible for any consequences if they depart from the prescription, even if they are in general very careful