Study Set Content:
from faulty software
continue to occur today; grim reminders of the
problems faced by reliance on software
Radiation overdosages
The pharmacist’s role involves
information
interpretation, evaluation, and giving advice.
The pharmacist’s role as an evaluator and
interpreter of the information creates a duty
sufficient to sustain
liability.
against the DI
center for injuries sustained by inadvertent
administration of cocaine solution instead of
acetaminophen to a 10-year-old patient. The local
pharmacy had colored the 10% cocaine solution
red and labeled it red solution to thwart abuse.
When the nurse realized the mistake she contacted
the Arizona Poison and DI Center. The DI
pharmacist described the symptomatology of
cocaine overdose, but did not go far enough in
recommending that the patient seek emergency
care. The patient developed seizures and
cardiopulmonary arrest with brain damage that
required lifetime nursing care. At the trial, the
expert witness testified that the DI center operated
below the standard of care. The issue was not
erroneous information, but whether the center
went far enough in its responsibility in handling the
call. The plaintiff was awarded $6.5 million; the DI
center was held liable for $3.6 million.
In Reben v. Ely
In another case, a lawsuit named a poison
information center that was called for assistance
when a student died after swallowing a toxic
substance during a laboratory experiment. The
poison center was named in the $2.5 million suit
because it refused to release proof of its claim that
the person who called had given the ()
for the solution that the student drank.
wrong name
The conduct of the injured party may provide a
defense to a person accused of negligence
• The accused introduces evidence that he/she did
not owe a duty to the complainant
• Three doctrines
o Contributory negligence
o Comparative negligence
o Assumption of risk
Most commonly used defense
CONTRIBUTORY NEGLIGENCE
An injured party's own negligent act that helps
cause the harm sustained
CONTRIBUTORY NEGLIGENCE
this means the plaintiff most likely would have
avoided injuries had he or she not also been
negligent
Failing to fully () medical history,
including previous surgical procedures and
any known allergies
disclose
about your personal or family
medical history
Lying
Engaging in activities that aggravate the
() condition
injury or medical
Failing to follow the medical professional's
treatment or
post operative instructions
Also called non absolute contributory negligence
COMPARATIVE NEGLIGNCE
allocation of responsibility for damages incurred
between the () and (), based on the
relative negligence of the two
plaintiff , defendant
If complainant is as much fault or more at fault
than the accused then the complainant can be
barred from
recovering
3 main types of comparative negligence
Pure:
Modified:
Slight Gross:
Plaintiff is awarded a percentage of
the damages for which defendant is
responsible.
Pure
Plaintiff is awarded damages
only if his or her negligence is equal to or
less than the defendant's negligence.
Modified
Plaintiff is awarded damages
only if his or her negligence is considered
"slight" and the defendant's negligence is
"gross.“
Slight Gross:
