Pharmacy Law ( Court edition )

Focuses on the Court of Law for Pharmacy

Criminal Cases

A case between the government and offending parties.

Civil Law

A case between citizens.

Plaintiff

The person who filed the case by filing a complaint against persons or business.

Defendant

The one being sued.

Burden of Proof

The sufficient evidence needed to prove a case.

Reasonable Doubt

Doubt based on reason, common sense, and fair consideration of the evidence/ lack of evidence.

Torts

Address wrongs that one citizen commits to another.

Negligence

Careless, not acting reasonably prudent person would in the same situation

Malpractice

improper, illegal, or neglectful professional activity.

Standard of care

The level of care or established practices expected from a health care provider.

The Four D’s

• Duty

• Dereliction

• Damages

• Direct causes

Law of Agency and Contracts

• the contractual relationship between the employee “agent” to the employer (pharmacist/pharmacy)

• Agent is authorized to act on behalf of the principle (Pharmacist/Pharmacy)

• Considered an implied contract.

Fraud

• The intentional deception to gain money or benefits

• Example: Billing for drugs never dispensed.

Waste

• The over-utilization or careless spending of resources due to mismanagement, lack of oversight or poor inventory.

Abuse

• Practice that are inconsistent with accepted medical or business standards, resulting in unnecessary cost.

• Ex: Drug overutilization

Theft

• The unlawful stealing of physical inventory.

• Ex: Stealing a controlled substance.