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stupid 50 CA > law > Flashcards

law Flashcards

1
Q

what are torts

A

wrongful acts

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2
Q

what is bolam

A

accepted current practice

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3
Q

what is bolitho

A

evidence based medicine + logical

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4
Q

laymen doctrine of occupier’s liability

A

legal duty to ensure that pt are reasonably safe from harm by keeping the place safe, warning them of the dangers and taking care of special populations

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5
Q

laymen doctrine of vicarious liability

A
  • employer held legally responsible to compensate pt who suffered damages caused by employee’s actions
  • encourages employers to supervise more to make sure no accidents happen
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6
Q

what are independent contractors

A
  • hired from outside the organisation to get shit done and the organisation has no say on how the contractors get shit done
  • e.g. hiring specialists
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7
Q

breaking down the sources of law in SG

A

1) legislations/statues

  • healthcare services act 2000
  • misuse of drug act
  • infectious diseases act
  • infectious diseases (Covid-19 - stay orders) regulations 2020
  • penal code 1871
  • personal data protection act
  • mental health (Care and treatment) Act

2) common/case law

  • case precedents
  • decision of judges - law report
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8
Q

criminal law

A
  • reference sources: legislations, statutes
  • guilty/not guilty
  • burden of proof = 100% beyond reasonable doubt
  • guilty = sentence to fine, caning, jail term and or death
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9
Q

civil law

A
  • reference: contract law/law of torts
  • liable/not liable
  • burden of proof = 51% (balance of probabilities)
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10
Q

classification of liabilities

A

1) criminal liability
2) civil liability

  • tortiously liable: civil wrong/torts that breaches duty imposed by law to prevent harm to others (negligence, intentional wrongdoing, strict liability)
  • contractually liable: breaches of contractual obligations or agreements between parties (legally binding)
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11
Q

tldr of the principles of medical ethics

A

1) Autonomy
2) beneficence
3) non-maleficence
4) justice
5) fidelity
6) veracity

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12
Q

medical ethics - autonomy

A
  • respect for pts needs, desires, preferences
  • every human has unconditional intrinsic value and capacity for rationale choices
  • autonomous pt has freedom to form own judgement and choose own actions even if others think its wrong so its important to inform on pros and cons
  • cases where autonomy is absent: coercion, ignorance, immaturity, mental incapacity
  • legal considerations
    1) mental capacity act
    2) Gillick awareness/competence
    3) lasting power of attorney (appoint people to make decisions on their behalf)
    4) court-appointed deputy
    5) mental health (Care and treatment) Act
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13
Q

beneficence - medical ethics

A
  • contribute to pt’s welfare and well-being
  • HCP do good to pt and general public
  • elements: do not harm, prevent harm, remove harm, do/promote good
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14
Q

non-maleficence - medical ethics

A

do no harm

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15
Q

justice - medical ethics

A
  • equitable distribution of benefits/burdens
  • equal access to all programmes
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16
Q

fidelity - medical ethics

A
  • truthfulness & confidentiality
  • exceptions:
    1) pt consent
    2) to other HCP providing care for pt
    3) statutory duty (all the acts)
    4) disclosure under court order
    5) discovery of document in court preceding
    6) public interest
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17
Q

veracity - medical ethics

A

honesty

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18
Q

Litmus test

A

doing the right thing even when no one is looking

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19
Q

medical negligence

A
  • failure to exercise an acceptable standard of care leading to damage
  • never do properly
  • never do what was supposed to be done
  • did stuff not supposed to be done
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20
Q

negligent misstatements

A
  • if you know information was required for contemplation
  • if you know that it would be communicated
  • if you know that pt will rely on the info
  • if pt does rely on the info
21
Q

what is bolam test

A

not negligent if acted in accordance with practice accepted as proper

22
Q

what is bolitho case

A

court satisfied that exponents of body of professional opinion has logical basis, supported by proven facts

23
Q

general outline for establishing case for medical negligence

A

1) duty of care
2) breach of standard of care
3) Causation
4) foreseeable damages/injuries

24
Q

establishing case for medical negligence - duty of care

A
  • established when pt receive treatment/advice
  • both doctrines
  • may be further owed to third parties so they do not sustain injuries
  • neighbour principle: duty to ensure one’s act does not cause foreseeable harm to another
25
Q

establishing case for medical negligence - breach of standard of care

A
  • reasonable man’s test
  • bolam test supplmented by bolitho case and confirmed by gunapathy
26
Q

establishing case for medical negligence - causation

A
  • establish lack of care resulted in pt injury
  • pt’s defence
    ** Res ipsa loqiutor: facts speak for themselves
    ** law helps pt where it is unfair or difficulty to identify errors
  • HCP defence
    ** Volenti non fit injuria: consented to risk
    ** contributory negligence: pt contributed to harm through own negligence + HCP negligence then damage reduced
  • pt rights
27
Q

establishing case for medical negligence - foreseeable damages/injuries

A

damage/loss/injuries must not be too remote if not it will be unreasonable foreseeable

28
Q

composition of complaint panel (CP)

A

3 groups of people

1) not less than 5 council members from SPC

  • serve 3 year term, eligible for reappointment

2) 10 - 40 senior registered pharmacists

  • 2 yr term, eligible for reappointment
  • not SPC members
  • at least 10 years and standing

3) 6 to 40 laypersons nominated by minister

  • serve 2 yr term, eligible for reappointment
  • not pharmacist

** all complaints go through chairperson first

29
Q

what does the complaints committee (CC) do

A
  • look into complaints brought against pharmacist
  • determine if

1) Sanctions needed against pharmacist
2) complaint inquiry need to be referred to disciplinary committee or health committee

30
Q

what is the composition of the complaints committee (CC)

A

1) 1 chairman (SPC member)
2) 2 registered pharmacist (10 year standing, >/=1 council member)
3) 1 layperson

31
Q

complaints committee (CC) functioning

A
  • all members present to form quorum for CC meeting
  • all members have equal votes, chairperson has casting vote
  • decision/resolution in writing and signed by all members of the committee
  • seek legal advice if necessary
32
Q

inquiries by complaints committee (CC)

A
  • completed within 3 months
  • call upon any person deemed necessary to assist
  • require production of document/record related to subject matter
  • require registered pharmacist to give all information related
  • may call registered pharmacist to answer (in writing) any allegations
  • registered pharmacist does not have the right yo be heard by CC unless allowed at its discretion
33
Q

determinations of complaints committee (CC)

A

1) if formal inquiry not required

  • warning letter: can appeal within 30 days

2) if formal inquiry required

  • refer to DC or HC
34
Q

what does the disciplinary committee (DC) do?

A

conduct formal inquiries

35
Q

composition of disciplinary committee (DC)

A

1) >/= 3 registered pharmacists (> 10 years standing), >/= 2 SPC members
2) 1 chairman (SPC)
3) 1 layperson (no voting rights, don’t need to be present all the time)

36
Q

inquiry of disciplinary committee (DC)

A
  • detailed representation by both council and pharmacist (can be in person or represented by council)
  • if giving evidence then legally bound to tell the truth
  • make finding within 6 months from date of appointment
37
Q

determinations of disciplinary committee (DC)

A

1) if convicted

  • can remove from register
  • suspend from register
  • restrict practice not more than 3 yrs
  • impose penalty not more than 50k
  • issue warning
  • any orders that DC deems appropriate

2) when to refer to HC

  • DC find that matter touches physical/mental health of pharmacist
  • if HC feels that fitness of pharmacist is an issue

**can appeal within 30 days after DC to make decision

38
Q

what does the health committee (HC) do?

A
  • determine physical and mental fitness of pharmacist to practice
  • receive inquiry case from complaints panel
39
Q

composition of health committee (HC)

A
  • min 3 SPC members
  • 2 yrs term, eligible for reappointment
40
Q

determinations of health committee (HC)

A

if impaired cuz of physical/mental condition then

  • order pharmacist to pay cost
  • order suspension not more than 12 months
  • order conditional registration for not more than 3 yrs upon compliance
  • removed from register

** can appeal within 30 days after decision made

41
Q

what does the interims orders committee (IOC) do?

A
  • determine if pharmacist need to be suspended to protect public or in public interest
  • can receive referral of complaints from anyone on the recommendation of chairman of complaints
42
Q

composition of interims orders committee (IOC)

A

3 SPC members independent of DC, HC

43
Q

inquiry of interims orders committee (IOC)

A

require registered pharmacist to be present or represented by counsel

44
Q

determinations of interims orders committee (IOC)

A
  • decisions made by majority of votes
  • suspension from register not more than 18 months
  • conditional registration not more than 18 months
  • after IOC make decision pharmacist can appeal to high court
45
Q

7 developmental framework for pharmacist

A

1) expert professional practice
2) building working relationships
3) leadership
4) management
5) education, training, development
6) research and evaluation
7) professionalism

46
Q

how long is the total duration for prereg for a pharmacist

A

12 months

47
Q

what are the requirements for a foreign pharmacist to practice in SG

A
  • graduated from SPC recognised uni
  • undergo period of training min 3 months under supervision of registered pharmacist in SPC approved place
  • sit and pass for forensic and competency test
48
Q

what are the requirement of renewing license

A

mandatory continuing professional education (CPE): 50 CPE points over 2 yrs

49
Q
A

stupid 50 CA (5 decks)

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