Study Set Content:
Pharmacists providing DI should be aware of _____ that have arisen involving defects (or bugs) in software that caused erroneous results.
computer related lawsuits
The most widely cited software related accidents involve
malfunctioning computerized radiation
_____ 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.
the plaintiffs filed suit 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.
Reben v. Ely
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 wrong name for the solution that the student drank.
In another case,
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
CONTRIBUTORY NEGLIGENCE
Patients own negligence can cause
harm
o Failing to fully disclose medical history, including previous surgical procedures and any known allergies
o Lying about your personal or family medical history
o Engaging in activities that aggravate the injury or medical condition
o Failing to follow the medical professional's treatment or post operative instructions
CONTRIBUTORY NEGLIGENCE
Also called non absolute contributory negligence
COMPARATIVE NEGLIGNCE
allocation of responsibility for damages incurred between the plaintiff and defendant, based on the relative negligence of the two
COMPARATIVE NEGLIGNCE
If complainant is as much fault or more at fault than the accused then the complainant can be barred from recovering (compensation)
COMPARATIVE NEGLIGNCE
3 main types of comparative negligence
Pure:
Modified:
Slight Gross:
Plaintiff is awarded a percentage of the damages for which defendant is responsible.
Pure:
