Biomedical subjects
J L Fink
Publications and source records attributed to J L Fink.
Legal standard of due care for pharmacists in institutional practice.
The process by which courts determine negligence on the part of a pharmacist is discussed, and important malpractice decisions involving pharmacists and other medical professionals are summarized. Courts expect pharmacists to exercise a high level of "due care." It is unclear whether a hospital pharmacist would be held t a standard created by general practitioners or by specialists in institutional practice; but a good case can be made for a special standard. If the court finds that professional standards are deficient, the court may establish higher standards. Pharmacists should ensure that their performance meet legal expectations by keeping abreast of new developments in pharmaceutical practice.
Judicial views of the pharmacist's professional status.
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Some issues related to patient package inserts.
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Drug product selection and the law.
Pharmacists are reported to be concerned about their liability exposure when engaging in drug product selection. A review of the elements of a suit for negligence is presented along with a brief application of those principles to a suit for negligence in drug product selection. The role of the manufacturer in assuring product integrity is emphasized. A liability suit also could be based on contract law principles, which are discussed. A few reasons that may explain why no suit has been successfully maintained in this area to date are presented. Finally, discussion of legislative provisions that attempt to contain the pharmacist's liability exposure are considered.
Application of the Food and Drug Administration's current good manufacturing practices regulations to pharmacy practice: a legal view.
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Patient package inserts and the pharmacist's responsibility.
Patient package insert regulations by the Food and Drug Administration are discussed, emphasizing the pharmacist's responsibility. The possible criminal and civil liability problems the pharmacist may face under the regulations are considered. Legal implications of alternatives to using PPIs provided by the manufacturer are presented. The prudent pharmacist will examine the alternatives, weighing the administrative, clinical and legal implications of the various approaches.
Physicians' knowledge of drug prices.
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Effectiveness of drug product selection legislation in Delaware.
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Evaluating a malpractice insurance policy.
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Liability aspects of drug product selection.
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Compensating pharmacists for new roles.
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Liability of pharmacists serving skilled nursing facilities.
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On pharmacist's role in patient behavior.
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Legal education of the pharmacy undergraduate.
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Shopping for drugs.
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Supreme Court scrutinizes nonprofit hospital drug sales.
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Antisubstitution law changes and the hospital formulary system.
The effects of amendments to state antisubstitution laws on the hospital formulary system are discussed. The approaches of four states--California, Michigan, Minnesota and Delaware--are reviewed. It is concluded that the legal basis of the hospital formulary system remains intact regardless of the changes in state antisubstitution laws.