Podcast
Questions and Answers
What is the primary difference between professional negligence and drug product liability?
What is the primary difference between professional negligence and drug product liability?
Under what circumstances does negligence per se typically arise?
Under what circumstances does negligence per se typically arise?
What is the impact of the discovery rule on the statute of limitations for filing a malpractice lawsuit?
What is the impact of the discovery rule on the statute of limitations for filing a malpractice lawsuit?
How does foreseeability influence the determination of proximate cause in pharmacy cases?
How does foreseeability influence the determination of proximate cause in pharmacy cases?
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What responsibilities do pharmacies have under the doctrine of corporate negligence?
What responsibilities do pharmacies have under the doctrine of corporate negligence?
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What is the first essential element of professional malpractice that a pharmacist must demonstrate?
What is the first essential element of professional malpractice that a pharmacist must demonstrate?
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Which of the following actions can lead to pharmacist liability due to prescription processing errors?
Which of the following actions can lead to pharmacist liability due to prescription processing errors?
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Which legal standard outlines what a pharmacist is expected to do when processing prescriptions?
Which legal standard outlines what a pharmacist is expected to do when processing prescriptions?
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What is a key defense against a claim of professional negligence that considers the patient's own actions?
What is a key defense against a claim of professional negligence that considers the patient's own actions?
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Which of the following is not considered a component of damages in a professional malpractice claim against a pharmacist?
Which of the following is not considered a component of damages in a professional malpractice claim against a pharmacist?
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Which of the following strategies is aimed at reducing risk in pharmacy practice?
Which of the following strategies is aimed at reducing risk in pharmacy practice?
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What trend is impacting the liability of pharmacists related to their professional roles?
What trend is impacting the liability of pharmacists related to their professional roles?
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What does malpractice insurance primarily cover for pharmacists?
What does malpractice insurance primarily cover for pharmacists?
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Study Notes
Pharmacy Professional Malpractice
- Elements of Professional Malpractice: A pharmacist's duty is to meet the standard of care for a competent pharmacist. Breach occurs when that standard isn't met (e.g., wrong medication). Causation links the breach to the harm. Damages are the actual harm suffered (e.g., medical costs).
Standard of Care for Pharmacists
- Prescription Processing Expectations: Accurate dispensing, verification for errors/contraindications, and adequate patient counseling are crucial. The standard is based on what a reasonable pharmacist would do.
Prescription Processing Errors and Liability
- Common Errors Leading to Liability: Incorrect drug selection/dosage, missed drug interactions/contraindications, and medication mislabeling are common causes.
Defenses Against Negligence Claims
- Contributory/Comparative Negligence: The patient's actions contributed to the harm.
- Statute of Limitations: Lawsuit filed after allowed time period.
- Intervening Cause: An unrelated event caused the harm.
Professional Malpractice Insurance
- Protection for Pharmacists: Covers legal fees, settlements, damages, and some workplace liabilities.
Risk Management Strategies
- Continuous Quality Improvement (CQI): Improve processes and patient care.
- Robust Incident Reporting: Document errors and near-misses.
- Employee Training: Keep staff proficient and updated.
- Thorough Documentation: Maintain accurate records.
Expanding Pharmacist Liability
- Increased Responsibility: Pharmacists' roles, including patient counseling and clinical decision-making, have expanded liability related to warnings and interaction management.
Professional Negligence vs. Drug Product Liability
- Professional Negligence: Pharmacist error in practice or judgment (e.g., prescription misfiling.)
- Drug Product Liability: Focuses on defective products (e.g., unreasonably dangerous products).
Negligence Per Se vs. General Negligence
- Negligence Per Se: Violating a statutory/regulatory standard (e.g., dispensing controlled substance illegally).
- General Negligence: Breach of care without a direct violation of a specific law.
Statute of Limitations and Latent Claims
- Statute of Limitations: The deadline for filing malpractice lawsuits (usually 2-3 years).
- Discovery Rule: Extends filing period if harm wasn't immediately apparent.
- Statute of Repose: Maximum time limit for filing, regardless of discovery (e.g., 5-10 years).
Foreseeability in Proximate Cause
- Foreseeability: Predictability of harm from actions. Courts assess if a reasonable pharmacist could have foreseen the consequences.
Corporate Negligence in Pharmacies
- Quality Control and Oversight: Pharmacies have a legal duty to implement quality control programs and maintain oversight (e.g., CQI programs). Lack of these can lead to punitive damages.
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Description
Test your knowledge on the elements of pharmacy malpractice. This quiz covers the standard of care expected from pharmacists, common prescription processing errors, and defenses against negligence claims. Assess your understanding of how to maintain professional competency and liability in pharmacy practice.
