When it comes to medical malpractice and healthcare litigation, few attorneys can provide the depth of knowledge that comes from four decades of legal experience. Fewer still can draw on their own education as a pharmacist to enhance their understanding of the medical issues relating to a legal case. But what really sets Ken Baker apart from other attorneys is his commitment to high quality care for his clients and the patients they serve.

Hospitals, pharmacies, pharmacists, nurses, doctors, healthcare associations and regulatory agencies look to Ken for guidance and direction in navigating the ever-changing delivery of healthcare in our society. Whether representing a pharmacist before a pharmacy board or consulting with a law firm on a pharmacy liability case, Ken works with his clients to find strategies to improve patient care while reducing their risk of liability.

Quality assurance has been one focus of Ken’s distinguished career. He was a pioneer in quality assurance programs and monitoring systems for medication errors, co-inventing the Pharmacy Quality Commitment assurance system, the Sentinel pharmacy risk management workflow system and the Quality Manager error tracking program.
Ken was recognized for his efforts to improve patient safety and for his overall contributions to the field with the American College of Apothecaries Service to Pharmacy Award and the American Society for Pharmacy Law Outstanding Pharmacy Legacy Award.

As a recognized expert with a unique perspective, Ken has written extensively on a range of issues relating to risk management, pharmacy law and pharmacy liability in pharmacy textbooks as well as numerous pharmacy journals. He is often asked to speak at conferences for medical professionals, healthcare administrators and attorneys.

In addition to his law practice, Ken teaches pharmacy law as an adjunct faculty member at Midwestern University College of Pharmacy in Glendale, Arizona, and an adjunct assistant professor at the University of Florida College of Pharmacy in Gainesville.

TEACHING EXPERIENCE

University of Iowa, College of Pharmacy: Adjunct Assistant Professor, Pharmacy Law and Ethics
Iowa Lakes Community College: Business Law
Briar Cliff College: Business Law

PUBLICATIONS

“Justice in the Distribution of Health Resources,” Drug Topics, December 2013
“Making Ethics Work: Manage Your Counseling Time,” Drug Topics, October 2013
“The Ethics of a ‘Just Culture,’” Drug Topics, August 2013
“The Ethical Virtues of Loyalty and Trustworthiness in Pharmacy,” Drug Topics, June 2013
“Ethics and Pain,” Drug Topics, February 2013
Medication Safety, Dispensing Drugs Without Error. (Delmar, Cengage Learning, Clifton Park, NY, 2012)
Cover Story, “Medicaid reimbursement,” Drug Topics, July 2012
“Accreditation Standards Buttress Compounding Pharmacy,” Drug Topics, May 10, 2012
“Special Knowledge May Give Rise to Duty to Warn,” Drug Topics, February 14, 2012
“Renewing the Patient Contract,” Drug Topics, December 13, 2011
“The Importance of Documentation,” Drug Topics, November 15, 2011
“Professional Liability Insurance: A Short Primer,” Drug Topics, August 11, 2011
“Can I say, ‘I’m sorry?’” Drug Topics, June 14, 2011
“Prescription Opiods and Pharmacist Responsibility,” Drug Topics, June 14, 2011
“Between Cowardice and Recklessness: The Virtue of Courage,” Drug Topics, April 15, 2011
“The ‘Placebo Effect’: Does It Work?,” Drug Topics, January 20 2011
“Pharmacy CQI: Monthly Rx Safety Audits,” Drug Topics, February 11, 2011
“Monitoring Controlled Substances,” Drug Topics, September 2010
“Is Patient Compliance a Medication Error?” Drug Topics, January 2010
“Pharmacy Needs a Workable Standard for When to Check the Rx Monitoring Database,” Food Marketing Institute, November 2009
“Determining When Counsel Is Most Appropriate,” Drug Topics, September 2009
“Can a Medication Error Be a Crime?” Drug Topics, August 2009
“I Have a Subpoena for Prescription Records. What Do I Do?” Food Marketing Institute, July 2009
“Apology Laws: If I Say ‘I’m Sorry,’ Can It Be Used Against Me?” Food Marketing Institute, June 2009
“Insurance for the Compounding Pharmacy Business, Part 1: Who Is Covered?” International Journal of Pharmaceutical Compounding, September/October 2008
“What Will You Learn from Your Mistake?” Drug Topics, April 7, 2008
“Medication Errors: The Value of Habit,” Drug Topics, January 28, 2008
“Do People Sue People Who Counsel?” Drug Topics, December 3, 2007
“What Types of Drugs Are Involved in Errors?” Drug Topics, November 12, 2007
“What Kinds of Mistakes Do Pharmacists Make?” Drug Topics, October 15, 2007
“Principles of Professional Liability Insurance for Pharmacists,” Pharmacy Law Desk Reference, D. D. Konnor, Editor, 2007, Haworth Press
“Legal Consideration in Drug Substitution,” Drug Topics (2005)
“Documentation in Pharmacy Practice,” chapter co-author, Pharmacy Practice Manual, 2nd edition (2001)
“The OBRA 90 Mandate and its Developing Impact on the Pharmacist’s Standard of Care,” Drake Law Review (Vol. 44, No. 3)
“Pharmacy Practice in Changing Professional Environment,” Drug Store News (2000)
“Legal and Professional Considerations of Pharmacy Credentialing,” Drug Topics (1999)
“Pharmacy Ethics and the Law,” recurring column, Drug Topics
“Pharmacy Law,” recurring column, Drug Store News Chain Pharmacist (1994-1998)
“Medication Errors,” Monthly Column, Drug Topics On-Line
“Confidentiality and the Pharmacist,” Drug Store News (1998)
“Risk Management in Pharmacy: Preventing Liability Claims,” The American Pharmacist (1994)
“What is Adequate Liability Coverage for Pharmacists?” Pharmacy Management Advisor (1994)
“Pharmacist Liability and OBRA 90,” Drug Store News for the Pharmacist (1992)
“A Study of the Causes of Pharmacy Malpractice Claims,” Pharmacy Law Annual (1991)
“When a Pharmacist Refuses to Fill,” The Indiana Pharmacist (1987)
Consultant, Pharmacists Letter
Contributor, 50 State Pharmacy Association Journals
Editor/Author, PMC Quality Commitment Newsletter
Various articles in the fields of risk management, pharmacy law, pharmacist liability, compounding law, medication errors and other subjects

PRESENTATIONS

“Changing Liability Issues for Hospital Pharmacists: Protecting Yourself and Your Hospital,” American Society of Health-System Pharmacists (ASHP), December 2009
“Intersection of Legal and Professional Ethics – The Attorney’s Role in Advising Clients Regarding Professional Commitments,” American Society for Pharmacy Law, November 2009
“New Federal Protection of Quality-Related Records: The Patient Safety and Quality Improvement Act and the New Proposed Regulations,” Lorman Seminar, July 2008
“Peer Review and Quality Assurance Records,” Lorman Seminar, July 2008
“Reducing Dispensing Errors: Quality Control Measures in Managed Care,” Arizona Pharmacy Alliance, 2008
“Ethics & Pharmacy, a Study of Ethical Principles as Applied to Pharmacy Practice,” RxSchool, 2008
“Medication Errors: Analyzing the Risks & Starting the Process,” RxSchool, 2008
“The Law of Pharmacy Compounding,” RxSchool, 2007
“The Practice of Pharmacy in Legal Terms,” RxSchool, 2007
“Medication Errors: Implementing a System of CQI,” RxSchool, 2007
“The Essentials of Pharmacy Malpractice,” RxSchool, 2007
“Pharmacists’ Duty to Warn: Suggesting a Balance between No Duty and Undoable Duty,” co-presenter, American Society for Pharmacy Law, 2007
“Compounding Pharmacy & Accreditation,” FDLI, 2006
“Pharmacy Compounding Law,” American Society for Pharmacy Law, 2006
“Update on Pharmacy Compounding Law,” American College of Apothecaries, 2006
“Pharmacy, Law & Health Care Reform,” Midwest Pharmacy Conference
“Law and Ethics: An Interactive Look at What We Believe,” Ohio Society of Health System Pharmacists
“Pharmacist Liability: Causes & Prevention and the Effects of OBRA 90 on Pharmacist Liability,” University of Iowa School of Pharmacy
“After OBRA: The Future of Pharmacist Liability,” MediSpan Users
“Pharmacist Liability: How to Not Get Sued,” Duquesne University School of Pharmacy
“The Duty to Warn: Whose Liability Is It?” Panel Discussion (Moderator), National Counsel on Patient Information and Education
“Effects of OBRA 90 on Pharmacist Liability,” Food Marketing Institute

OTHER GROUPS AND LECTURES: University of Iowa, California Pharmacists Association, Nebraska Pharmacist Association, University of Missouri at Kansas City, Drake University, Georgia Pharmacists Association, Midwest Pharmacy Law Conference; Kansas Society of Hospital Pharmacists; Missouri Society of Hospital Pharmacists; Texas Pharmacists Association, University of Minnesota; Washington State Pharmacists Association, Ohio Society of Health System Pharmacists.

ACHIEVEMENTS

Obtained a non-disciplinary letter of concern and obtained a closure of the matter without discipline for a nurse who had two complaints made against her license regarding treatment of an elderly home-bound patient. In our appearance before the board, we explained the reasons behind the allegations, including conversations with the physician and earlier broad directions given by the physician.

KEN BAKER, PHARMACIST CONSULTANT AND OF COUNSEL

PRACTICE AREAS

Medical Malpractice and Healthcare Litigation
Administrative Law and Regulatory Investigations

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS

American Society for Pharmacy Law: past president
Arizona Pharmacists Association
Arizona Pharmacy Alliance
Pharmacy Marketing Group: past president
Iowa Pharmacists Association
Iowa Pharmacy Foundation

BAR ADMISSIONS

Arizona
Indiana

EDUCATION

Indiana University School of Law at Indianapolis, J.D., cum laude, 1975
Purdue University, B.S., Pharmacy, 1967

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