In this sicario, you are presented a negligence case stemming from an incident in the main hospital's
Question:
In this sicario, you are presented a negligence case stemming from an incident in the main hospital's pharmacy:
An eight week-old infant died in the hospital's neonatal intensive care unit (NICU) after being overdosed by an antibiotic that had been produced in the hospital's pharmacy. A pharmacy technician had drawn up the IV antibiotic mixture in to high of a concentration. A licensed pharmacist, who was responsible for checking the pharmacy tech's work thought there might be an error in the admixture. Although the pharmacist suspected something was wrong, he had to step away to answer an important phone call. The pharmacist placed the antibiotic IV bag close to the drug outbox with the intent to return later to follow up and verify if the dilution process was accurate.
While the pharmacist was on the phone, a NICU nurse came to the pharmacy to pick up the antibiotic. The nurse waited at the pass-through window while a second licensed pharmacist went to the IV admixture room to retrieve the antibiotic. The second pharmacist noticed the properly labeled antibiotic IV bag lying beside the drug outbox, picked it up, and returned to the pharmacy pass-through window and handed it to the nurse. The nurse then delivered it to the NICU.
Upon delivery to the NICU, a second nurse who was caring for the infant began administering the medication. Meanwhile, back in the pharmacy, the pharmacist finished his phone call and was called to the outer pharmacy to make ready an emergency stat drug for a patient in the emergency department.
By the time the error in properly diluting the medication was recognized, the infant patient had been administered a sufficient amount of the antibiotic which led to her death two days later.
Youwill interview staff members and work with the General Counsel to analyze the four elements of negligence in order to determine the hospital's liability:
- Duty to care
- Breach of duty
- Injury
- Causation (specifically foreseeability).
You will provide the analysis of the hospitals' liability for each element to the instructor for grading.