REGSAANSPREEKLIKHEID VOORTSPRUITEND UIT MEDIKASIEFOUTE
Worldwide, the prescription, dispensing and administering of medication is the most common form of medical treatment. The number of medication errors made in a medical care system/institution is regarded as a good barometer of the general standard of care in that system or institution. The number of...
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University of the Free State
2008
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Online Access: | http://etd.uovs.ac.za//theses/available/etd-09042008-074608/restricted/ |
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Private Law |
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Private Law Jansen, Rita-Marié REGSAANSPREEKLIKHEID VOORTSPRUITEND UIT MEDIKASIEFOUTE |
description |
Worldwide, the prescription, dispensing and administering of medication
is the most common form of medical treatment. The number of
medication errors made in a medical care system/institution is regarded as
a good barometer of the general standard of care in that system or
institution. The number of medication errors that come to light, however,
is only the tip of the iceberg because such errors can be swept under the
carpet more easily than, for instance, botched surgery. Research also
indicates that the prescription of medication as form of treatment, is not
regarded as the high risk activity that it really is.
This research offers a comprehensive source regarding medication errors
as seen from a legal perspective. The extent and occurrence of
medication errors (prescription, dispensing and administration errors) are
discussed with the aim of bringing these to the attention of both lawyers
and health care workers. Doctors, pharmacists and nurses often
experience uncertainty about their legal position and how to deal with
problematic situations. Specific problematic areas are identified and
solutions are offered including the following:
⢠The more important legislation with regard to medication treatment
is discussed. Interaction between the different statutes and
regulations, as well as government policy declarations regarding the
prescription and dispensing of medication, is apparently not
sufficiently synchronised. This leads to uncertainty amongst health
care professionals and increases the chances of medication errors. It is suggested that these aspects be revised and harmonised on an
urgent basis.
⢠The âoff-labelâ use of medication is an international phenomenon
and part of the generally accepted and lawful use of medication.
The increased risk it poses to the patient, as well as to the medical
practitioner (with respect to legal liability) is discussed. In South
Africa no guidelines are supplied to doctors with regard to the âofflabelâ
use of medication. More assistance and balanced, objective
information from government and pharmaceutical companies is
imperative. An amendment to current legislation is suggested.
⢠The problems surrounding the administration of pain medication and
especially the failure to give sufficient pain medication, are
identified and discussed as one of the most prevalent forms of
medication errors. Proposals for legal liability are discussed.
⢠Causation and âloss of a chanceâ with the focus mainly on examples
of medication errors, are discussed and recommendations are made
in this respect.
⢠Suggestions regarding legislation with regard to training, legal
liability and the use of technology and reporting systems in the
prevention of medication errors, are discussed. The implementation
of a system approach is discussed and recommendations are made in
this regard. |
author2 |
Prof T Verschoor |
author_facet |
Prof T Verschoor Jansen, Rita-Marié |
author |
Jansen, Rita-Marié |
author_sort |
Jansen, Rita-Marié |
title |
REGSAANSPREEKLIKHEID VOORTSPRUITEND UIT MEDIKASIEFOUTE |
title_short |
REGSAANSPREEKLIKHEID VOORTSPRUITEND UIT MEDIKASIEFOUTE |
title_full |
REGSAANSPREEKLIKHEID VOORTSPRUITEND UIT MEDIKASIEFOUTE |
title_fullStr |
REGSAANSPREEKLIKHEID VOORTSPRUITEND UIT MEDIKASIEFOUTE |
title_full_unstemmed |
REGSAANSPREEKLIKHEID VOORTSPRUITEND UIT MEDIKASIEFOUTE |
title_sort |
regsaanspreeklikheid voortspruitend uit medikasiefoute |
publisher |
University of the Free State |
publishDate |
2008 |
url |
http://etd.uovs.ac.za//theses/available/etd-09042008-074608/restricted/ |
work_keys_str_mv |
AT jansenritamaria regsaanspreeklikheidvoortspruitenduitmedikasiefoute |
_version_ |
1716633894690750464 |
spelling |
ndltd-netd.ac.za-oai-union.ndltd.org-ufs-oai-etd.uovs.ac.za-etd-09042008-0746082014-02-08T03:46:16Z REGSAANSPREEKLIKHEID VOORTSPRUITEND UIT MEDIKASIEFOUTE Jansen, Rita-Marié Private Law Worldwide, the prescription, dispensing and administering of medication is the most common form of medical treatment. The number of medication errors made in a medical care system/institution is regarded as a good barometer of the general standard of care in that system or institution. The number of medication errors that come to light, however, is only the tip of the iceberg because such errors can be swept under the carpet more easily than, for instance, botched surgery. Research also indicates that the prescription of medication as form of treatment, is not regarded as the high risk activity that it really is. This research offers a comprehensive source regarding medication errors as seen from a legal perspective. The extent and occurrence of medication errors (prescription, dispensing and administration errors) are discussed with the aim of bringing these to the attention of both lawyers and health care workers. Doctors, pharmacists and nurses often experience uncertainty about their legal position and how to deal with problematic situations. Specific problematic areas are identified and solutions are offered including the following: ⢠The more important legislation with regard to medication treatment is discussed. Interaction between the different statutes and regulations, as well as government policy declarations regarding the prescription and dispensing of medication, is apparently not sufficiently synchronised. This leads to uncertainty amongst health care professionals and increases the chances of medication errors. It is suggested that these aspects be revised and harmonised on an urgent basis. ⢠The âoff-labelâ use of medication is an international phenomenon and part of the generally accepted and lawful use of medication. The increased risk it poses to the patient, as well as to the medical practitioner (with respect to legal liability) is discussed. In South Africa no guidelines are supplied to doctors with regard to the âofflabelâ use of medication. More assistance and balanced, objective information from government and pharmaceutical companies is imperative. An amendment to current legislation is suggested. ⢠The problems surrounding the administration of pain medication and especially the failure to give sufficient pain medication, are identified and discussed as one of the most prevalent forms of medication errors. Proposals for legal liability are discussed. ⢠Causation and âloss of a chanceâ with the focus mainly on examples of medication errors, are discussed and recommendations are made in this respect. ⢠Suggestions regarding legislation with regard to training, legal liability and the use of technology and reporting systems in the prevention of medication errors, are discussed. The implementation of a system approach is discussed and recommendations are made in this regard. Prof T Verschoor University of the Free State 2008-09-04 text application/pdf http://etd.uovs.ac.za//theses/available/etd-09042008-074608/restricted/ http://etd.uovs.ac.za//theses/available/etd-09042008-074608/restricted/ en-uk unrestricted I hereby certify that, if appropriate, I have obtained and attached hereto a written permission statement from the owner(s) of each third party copyrighted matter to be included in my thesis, dissertation, or project report, allowing distribution as specified below. I certify that the version I submitted is the same as that approved by my advisory committee. I hereby grant to University Free State or its agents the non-exclusive license to archive and make accessible, under the conditions specified below, my thesis, dissertation, or project report in whole or in part in all forms of media, now or hereafter known. I retain all other ownership rights to the copyright of the thesis, dissertation or project report. I also retain the right to use in future works (such as articles or books) all or part of this thesis, dissertation, or project report. |