Legal Analysis For Medical Malpractice Essay

Legal Analysis For Medical Malpractice Essay

Length: 1899 words (5.4 double-spaced pages)

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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. Which of the four types of laws we talked about in class is the law you mentioned above (Constitution, statutory law, administrative law, common law)? How do you know?
Common law would be used in a case regarding pharmacy performance metrics and medical malpractice. The plaintiff would have to provide proof of the existence of a duty, breach of duty, proximate case, and damages to make a malpractice claim. It can be extremely challenging to create a strong case for medical malpractice against pharmacists since patients have to provide concrete evidence that would prove that the pharmacists error was the cause of the injury or damage.
The duty of the pharmacists is evaluated by professional peer that testifies the appropriate actions that should have taken place in the particular situation. Finding an appropriate professional peer can be difficult because pharmacy practice is not the same in every busi...

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...uotas in pharmacy practice. Companies want to make money and they are most profitable when their pharmacists work at their maximum capacity or sometimes above their limits.
New regulations or incentives will be needed to help alleviate the pressure put on pharmacists on a daily basis. State Board(s) of Pharmacy could incentivize pharmacies for having systems in place that help reduce annual errors within their pharmacy. Legal limits could be established for the speed at which pharmacies require pharmacists to fill prescriptions. These types of changes could alleviate some of the stress on pharmacists and allow them to provide a professional level of care that is expected of them. This issue has been recognized by the NABP so there may be some action taken within the next few years. I look forward to seeing how pharmacy leaders tackle this issue in the coming years.

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