For example,
a disclaimer can be placed on results of online searches stating that the data being provided are from a source believed to be reliable and factually correct.
The best way to avoid omission negligence is to
learn from experience, anticipate mistakes that may appear in databases, and keep abreast of changes in DI sources.
may spell the difference between refuting or not refuting an unfounded claim of malpractice. Such documentation includes responses to inquiries, as well as a record of steps taken in a search. Designing and following procedures to document the research process can help avoid negligence
Adequate documentation
The key to provision of quality DI in an information service is the availability of
current, objective information.
should be in place to ensure that data are continually reviewed and updated.
Procedures
Quality assurance (QA) standards for the timeliness, thoroughness, and accuracy of information could also insulate against
liability.
contains a growing hodgepodge of sources with little organization and uneven credibility
The internet
may contain innocent mistakes and/or deliberate fraud, as well as outdated material
Internet sources
is defined as the use of telecommunications and interactive video technology to provide health care services to patients who are at a distance.
Telemedicine
includes the marketing, relationship creation, advise, prescribing, and selling pharmaceuticals and devices in cyberspace.
Cybermedicine
As____ expand, questions regarding liability for pharmacists providing DI on the internet will need to be addressed.
telemedicine and cybermedicine
check currency, authorship, publisher, length of time site has existed, site reviews, links to/from other sites, biases/objectiveness, intended audience, quality of the writing, references provided (information without references should receive little weight in clinical decision making), who maintains the site (owner/sponsor or whether the site has an expert advisory board), affiliations (commercial, organization “org”, governmental “gov”), and seal of approval from organizations that review health care sites.
For Internet specific data,
is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA
The liability aspects of DI include more than just
negligence
must have a working awareness of these areas
The DI practitioner
The future of DI lies in the ability to provide consultative
DI services
To avoid causes of action:
o be good at what you do.
o have good relations with requestors
o make no outrageous claims about the accuracy and thoroughness of information provided
o have a malpractice insurance policy
should not be preoccupied with the risk of incurring liability, but should take the necessary steps to limit exposure and develop an appreciation of modern legal philosophy.
Pharmacists
TOP TEN MALPRACTICE CLAIMS
1. MEDICATION ERRORS
2. DIAGNOSIS FAILURES
3. NEGLIGENT SUPERVISION
4. DELAYED TREATMENT
5. FAILURE TO OBTAIN CONSENT
6. LACK OF PROPER CREDENTIALING OR TECHNICAL SKILL
7. UNEXPECTED DEATH
8. IATROGENIC INJURY, NOSOCOMIAL AND WOUND INFECTIONS, FRACTURES
9. PAIN AND SUFFERING, EMOTIONAL DISTRESS
10. LACK OF TEAMWORK, COMMUNICATION
refers to a systematic body of rules that governs the
whole society and the actions
of its individual members.
LAW