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Pharmacy Law Objective 2

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alchemist04's version from 2016-04-15 15:05

Section

Question Answer
Define liabilitythe risk one assumes when acting outside of established legal boundaries
What is negligence?It is an act outside the standard of what is expected of a reasonable person. It may be intentional or unintentional. Intentional is always hard to prove
Describe the four elements of negligence(1) Duty of care is owed (2) Duty has been breached (3) Breach of duty cause the injury (4) Harm
What is comparative negligence?The patient knowingly do something wrong. E.g if the patient knowingly took a wrong medication given to him/her by mistake
What is statue of Limitations?One year after the discovery of injury or one year after the plaintiff should have discovered the injury
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Question Answer
Describe the learned intermediary doctrineThe duty to warn a patient, in a retail setting, about the danger of a drug fall on the "learned intermediary", the prescriber. Pharmacist has no affirmative duty to provide info that a doctor should provide.
What is the exception to Learned Intermediary Doctrine?Pharmacists filling narcotics for chronic use MUST review drug to drug interactions or else license will be revoked.
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Question Answer
What is common law?It is a law based on precedent. A standard established by precedent (Cases already decided) (2) Once decided, they have an effect on future decisions at the state and federal level within their jurisdiction (3) It helps prevent the same issue from being tried over and over and over.
7th Amendment of the US ConstitutionIn a suit at common law, where the value in controversy shall exceed $20, the right to trial by jury shall be preserved, and no fact tried by jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of common law.
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Question Answer
What is civil law?is a law suit between two individuals and tried in civil court in a state, there must be legally recognizable injury. Typically carries monetary compensation.
What is criminal law?is a law that involves criminal act or harm or injury. It carries jail term
What is administrative liability?it is not about you, it's about the public.
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Question Answer
What is tort?it ia a wrongful act or an infringement of people's privacy
Describe different torts faced in pharmacy practice (slide 44 pg 15)(1) Invasion of privacy (2) Civil battery (3) Intentional infliction of emotional distress (4) Disparagement (5) Defamation (libel & Slander)
MICRAMedical Injury Compensation Reform Act
MICRA Maximum Award?$250,000 for damages that are non economic (e.g. pain and suffering)
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Question Answer
Describe Huggins v Longs Drug Stores
Describe Happel v Walmart
Describe Cottam v CVS Pharmacy
Describe Cafarelle v CVS Pharmacy
memorize