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The Common Law Tradition

The Common Law Tradition. Stare decisis Law made by judges, statutes Criminal vs. Civil Law - public interests vs. individual interests (#1) - basis for liability (#2, #3) - the burden of proof - remedies available. Tort Law.

kennan-jennings
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The Common Law Tradition

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  1. The Common Law Tradition • Stare decisis • Law made by judges, statutes • Criminal vs. Civil Law - public interests vs. individual interests (#1) - basis for liability (#2, #3) - the burden of proof - remedies available

  2. Tort Law • “An infringement or invasion of a personal right which the court has chosen to protect” • “An instrument for apportioning losses between the unfortunate victim, the person whose act caused the harm, and others”

  3. Development of the Tort • For a society to function, people should not intentionally harm one another • Reasonable care needs to be exercised in all daily activities • Blameless victims should not be unduly burdened • Consequential injuries = direct injuries

  4. Basis for Tort Liability • FAULT: Strict (#4) vs. Vicarious (#5, #6) • Negligence: - duty of care (#7) - breach of duty (“reasonableness” test) (#8) - damage occurred (#9) - remoteness of damage (#10) - contribution (#12)

  5. Professional’s Duty to Care • Contractual Duty • Fiduciary Duty (#13) • Product Liability (#14) • Negligent Misrepresentation • Standards of Practice (#15) • Implications of Professional Status

  6. Case #1 X is a pharmacist. One night while driving under the influence of alcohol, X crashes into Y’s car, causing significant damage to Y’s spinal column. As a result, Y is no longer able to walk without the aid of a walker, and significant pain.

  7. Case #2 & #3 Case 2: A is a pharmacist who carelessly drops a log on a road and does not bother to remove it. After dark, B’s horse trips over the log and is seriously injured. Case 3: A is a Scots pharmacist who careless tosses a log at a horse, causing serious injury.

  8. Case #4 A landowner stores water in a large cistern. The cistern is accidentally punctured by a visitor’s truck, thereby flooding and damaging a neighbour’s building. Evidence shows the landowner did everything reasonably expected to maintain the cistern against damage.

  9. Case #5 X is a pharmacist-owner. Y is a staff pharmacist. Y dispenses the wrong drug to Z, even though X has provided a reasonable training program and a work environment that meets all required standards of practice.

  10. Case #6 X is a pharmacist-owner. Y is a staff pharmacist. A is Y’s technician. A dispenses the wrong drug to Z. Would the case be different if Y were a relief pharmacist?

  11. Case #7 A motorcyclist collides with an automobile and later dies from the injuries. At the time of the accident a woman who is 5 months pregnant sees the accident. Medical evidence agrees that the shock of witnessing the accident probably lead to her child being stillborn. Can she bring a suit against the estate of the motorcyclist?

  12. Case 8 & Case 9 Case 8 X is a pharmacist owner and dispenses the wrong drug to Z Case 9 X is a pharmacist owner and dispenses the wrong drug to Z. Z suffers an anaphylactic reaction but does not die.

  13. Case 11 Z takes a drug dispensed by X. A week later, Z develops an anaphylactic reaction and suffers damage. Z produces evidence that the drug can produce delayed anaphylactic responses.

  14. Case 12 X dispenses the wrong drug to Y. Y comments to a friend, “Oh, this doesn’t look like the regular drug I always get.” Y dies 48 hours later.

  15. Case 13a X, a pharmacist, tells Y, a patient, that itchiness on his leg is likely due to poison oak. 72 hours later, Y dies of necrotizing fasciitis.

  16. Case 13b X advises Y that the itchiness on his leg may be due to poison oak. X suggests calamine lotion, but cautions that if the itching hasn’t resolved in 24-26 hours, to contact a physician. 72 hours later, Y dies of necrotizing fasciitis.

  17. Case 14 X sells a dark green bottle of ginger beer to Y. After drinking half the bottle, Y becomes violently ill. Upon examination, the bottle is discovered to contain the remnants of a decomposed snail. Donohue v. Stephenson

  18. Riff v. Morgan Pharmacy X dispenses Cafergot suppositories for Y. Instructions were “1 supp q4h for headache”. No additional information was given from either MD or RPh. The package insert clearly stated that no more than 2 supps/headache and 5 supps/week were to be used. Patient subsequently suffered harm.

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