The Case For Medical Malpractices In Pharmacy Practice

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LEGAL ANALYSIS 1. Which law(s)/statute(s) or regulation(s) is the issue in your article held to? The article I chose is not directly associated to any particular law or regulation. The time constraints placed on pharmacists can lead to errors being made and a potential case for medical malpractice against the pharmacist. Medical malpractice can occur when a professional makes a mistake or error when acting within his or her scope of practice, which leads to harm or damages to another person. The pharmacist could then sue the company they are employed with for the use of performance metrics that hindered their ability to provide effective care to their patients. This type of issue would most likely be decided by the court system since there is no specific legislation on the topic of performance metrics in pharmacy practice. 2. There several ways that a pharmacist can make errors when filling prescription or managing their workplace in general. Pharmacists can give patients the wrong medication, strength, quantity, or even put the wrong instructions on the bottle. Ineffective counseling of patients and improper management of pharmacy technicians may also be classified as a breach of duty by the pharmacist. The third element to a malpractice case is evidence of direct causation. The plaintiff must prove that there was a direct link between the pharmacy error and the damages they received. There cannot be other confounding factors that may have caused the damage. The final evidence that has to be provided is the proof of damages. There is no minimum dollar amount that is needed to make a case but there must be evidence of sufficient damage to show that the patient suffered from the error made by the pharmacist. If the plaintiff’s damages are minor then the case may be thrown out in court since the damages are not severe enough to make a compelling

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