Type Enforced by
Criminal law State
Civil Law Individual
Administrative law Government bodies
Employer standards Employer
Professional standards Professional body
Criminal Law
Concerned with the relationship between the person and the state
Serves to prevent certain types of conduct
Prosecution/defendant
Punish offenders
Pharmacy Related Criminal Law
The Human Medicines Regulations 2012
Misuse of Drugs Act 1971
Poisons Act 1972
General Pharmaceuticals Council (GPhC)
Maintenance of register of pharmacy premises
Representatives running retail pharmacy business
Sale and supply of all medicines
Restrictions on titles
Misuse of Drugs Act and Poisons Act- GPhC inspectors and primary care
organisations
Civil Law
Concerned with the relationship between individuals- rights infringed
Serves to settle disputes and enforce rights
Claimant/defendant
Outcomes- damages or injunctions
What’s required?
Negligence case against a pharmacist all 3 elements must exist:
Duty of care owed to the defendant
Breach of that duty
Resulting in damage to the plaintiff
Duty of Care
Duty of care is held if: the damage was foreseeable, sufficient proximate
relationship between parties or just and reasonable to impose such a duty
Pharmacists owe a duty of care to anyone likely to suffer harm from their
conduct: dispensing, advising or on premises
Breach of Duty
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