Study Set Content:
One of the main topics of the substance of tort law
is determining the () (a legal
phrase that means distinguishing between when
conduct is or is not tortious).
"standard of care"
Put in another way, the big issue is whether a
person suffers the loss from his own injury, or
whether it gets() to someone else.
transferred
There are two chief categories of torts:
intentional
torts and torts resulting from negligence.
The core element in an () is an intent,
or purpose, to cause harm to another.
intentional tort
The law provides that a person has intent if he or
she desires to cause the () of his or her
act, or believes that the consequences are
substantially certain to result from the act.
consequences
Currently, most litigation concerning pharmacists
involves
negligence
Traditionally, physicians remain responsible for their
patients and must exert
due care
Traditionally, physicians remain responsible for their
patients and must exert due care; that is, a
physician who knows or should have known that
the information provided was improper may be
held liable for
negligence
Traditionally, physicians remain responsible for their
patients and must exert due care; that is, a
physician who knows or should have known that
the information provided was improper may be
held liable for negligence. Therefore, it is safe to
assume that a legal cause of action pertaining to
the provision of DI will be founded on the theory of
negligence as the () cause of
personal injury or death.
direct or proximate
refers to
failure to exercise the degree of care that a
prudent (reasonable) person would exercise under
the same circumstances.
Malpractice liability based on negligence
() treatment or
culpable neglect of a patient by a
physician or other practitioner
Injurious or unprofessional
The performance or result go against what
ought to be expected from a
HC
practitioner.
Failure to use a reasonable amount of()
when such failures result in injury or
damage to another
care
A professional who injures a client by
providing care that is below the standard
for that profession commits the
tort of
malpractice.
The law requires a professional to act
based on the ()
necessary for his or her profession, rather
than the typical reasonable and prudent
standard applied in general negligence
cases.
skill and knowledge
A physician who is not able to cure a patient has
not committed malpractice. However, a physician
who removes the wrong lung during a surgery has
committed
malpractice.
To establish a negligent failure, actual conduct
must be compared to what is considered
standard
professional conduct.
Typically, this is accomplished by introducing
evidence of the relevant professional standards or
testimony from expert witnesses such as
college of
pharmacy faculty or other DI practitioners
Once the duty of care is established, the plaintiff
would need a preponderance of evidence to
prove that
(1) the information provided was
materially deficient,
(2) the deficient information was a
proximate cause of injury suffered,
(3) the recipient reasonably relied on the
information provided,
(4) the information deficiency was due to
failure to exercise reasonable care,
and
(5) the pharmacist knew or should have
known that the safety or health of
another may have depended on the
accuracy of the information provided.
It is important to be aware of the fact that the duty
must be a() not a moral or ethical duty.
legal duty
