Terrible Pharmacy Mistake

[Rat in the Hat]

If this woman has a healthy baby, she will have no suit. You need to be damaged to sue anyone. But if she loses the baby or it has birth defects, the pharmacy will be liable (assuming that the mistake caused it).

When a business' employee causes an injury through negligence, that business is liable.

Even if the baby is healthy, months of mental anguish is not damaging to the parents?

I wouldn't wish that on my worst enemy.

Whoever gave her the wrong script should be sued into the dark ages, no matter what the outcome is.

No, mental anguish alone will not support a suit of this kind. And if a suit can be brought (God forbid), mental anguish will almost certainly not be a portion of the measure of damages. Punitive damages can be awarded in a negligence case for med mal, but they are extremely rare.

I think you would be very hard pressed to find a jury who would not award this woman a very large sum due to the absolute negligence of the pharmacy assistant.

What kind of a dumbass would give out a prescription without making sure it was going to the right person?

I have very good eyesight. Should I be able to walk up to the pharmacy counter, read a name on a prescription in a bin, ask for it and walk away with it without the employee asking me to verify in some way that I was that person?

This woman and her significant other are going to go through months of mental suffering, hoping beyond hope, that her child is not going to be killed or damaged by the stupidity of another. And you think this is OK, and she has no right of redress for this?

I hope whoever did this to her never sees a positive balance in their bank account for the rest of their natural life.

 

[Rat in the Hat]

If this woman has a healthy baby, she will have no suit. You need to be damaged to sue anyone. But if she loses the baby or it has birth defects, the pharmacy will be liable (assuming that the mistake caused it).

When a business' employee causes an injury through negligence, that business is liable.

What if the child develops ADHD...and some "expert witness" (i.e. quack) claims that ADHD can be caused by methotrexate exposure in utero.

BAM! There's your case.

Yanno, xotoxi, it is not entirely fair to blame these kinds of cases on lawyers. Who invented the diagnosis of ADHD? Doctors. Who would connect the ADHD to the mistake? Doctors.

IRL, as we both know, the pharmacy will be all over those parents to settle by the end of the week.

And I hope the parents don't make the mistake of signing off on a settlement now. They can't know what damage the assistant made until after the birth (if a live birth happens, that is) and what their future expenses for the care of the child will be.

Whoever gave her the wrong woman's medicine, they should be on the hook for the child's medical expenses for the rest of their life.

 

[Madeline]

Even if the baby is healthy, months of mental anguish is not damaging to the parents?

I wouldn't wish that on my worst enemy.

Whoever gave her the wrong script should be sued into the dark ages, no matter what the outcome is.

No, mental anguish alone will not support a suit of this kind. And if a suit can be brought (God forbid), mental anguish will almost certainly not be a portion of the measure of damages. Punitive damages can be awarded in a negligence case for med mal, but they are extremely rare.

I think you would be very hard pressed to find a jury who would not award this woman a very large sum due to the absolute negligence of the pharmacy assistant.

What kind of a dumbass would give out a prescription without making sure it was going to the right person?

I have very good eyesight. Should I be able to walk up to the pharmacy counter, read a name on a prescription in a bin, ask for it and walk away with it without the employee asking me to verify in some way that I was that person?

This woman and her significant other are going to go through months of mental suffering, hoping beyond hope, that her child is not going to be killed or damaged by the stupidity of another. And you think this is OK, and she has no right of redress for this?

I hope whoever did this to her never sees a positive balance in their bank account for the rest of their natural life.

I don't make the law, Rattie. I'm just relaying it to you.

I have great compassion for this couple, Rattie. But I have to disagree with your desire for vengence. Medicine is practiced by humans, and no matter how careful, they will make mistakes. When those mistakes cause harm, the patients should be compensated for their loss....but to ruin someone for life is unnecessary. Imagine how this pharmacist must feel?

If this shop has a history of mistakes, or the systems they have in place to prevent them are not up to snuff, etc. then the licensing board should lift the pharmacist's license.

Negligence assumes there was no bad intent, only carelessness.

 

[Madeline]

What if the child develops ADHD...and some "expert witness" (i.e. quack) claims that ADHD can be caused by methotrexate exposure in utero.

BAM! There's your case.

Yanno, xotoxi, it is not entirely fair to blame these kinds of cases on lawyers. Who invented the diagnosis of ADHD? Doctors. Who would connect the ADHD to the mistake? Doctors.

IRL, as we both know, the pharmacy will be all over those parents to settle by the end of the week.

And I hope the parents don't make the mistake of signing off on a settlement now. They can't know what damage the assistant made until after the birth (if a live birth happens, that is) and what their future expenses for the care of the child will be.

Whoever gave her the wrong woman's medicine, they should be on the hook for the child's medical expenses for the rest of their life.

Hopefully, they will have a good lawyer, Rattie, and the child's future needs will be provided for in the event they do settle.

 

[Rat in the Hat]

No, mental anguish alone will not support a suit of this kind. And if a suit can be brought (God forbid), mental anguish will almost certainly not be a portion of the measure of damages. Punitive damages can be awarded in a negligence case for med mal, but they are extremely rare.

I think you would be very hard pressed to find a jury who would not award this woman a very large sum due to the absolute negligence of the pharmacy assistant.

What kind of a dumbass would give out a prescription without making sure it was going to the right person?

I have very good eyesight. Should I be able to walk up to the pharmacy counter, read a name on a prescription in a bin, ask for it and walk away with it without the employee asking me to verify in some way that I was that person?

This woman and her significant other are going to go through months of mental suffering, hoping beyond hope, that her child is not going to be killed or damaged by the stupidity of another. And you think this is OK, and she has no right of redress for this?

I hope whoever did this to her never sees a positive balance in their bank account for the rest of their natural life.

I don't make the law, Rattie. I'm just relaying it to you.

I have great compassion for this couple, Rattie. But I have to disagree with your desire for vengence. Medicine is practiced by humans, and no matter how careful, they will make mistakes. When those mistakes cause harm, the patients should be compensated for their loss....but to ruin someone for life is unnecessary. Imagine how this pharmacist must feel?

If this shop has a history of mistakes, or the systems they have in place to prevent them are not up to snuff, etc. then the licensing board should lift the pharmacist's license.

Negligence assumes there was no bad intent, only carelessness.

Live through it the way my family has, and the way I have. Live through it because of a doctor "missing" something on a routine test. Live through it when a child has to suffer due to "mistakes" that were made. Live through it when that child cries because every doctor he sees wants to stick a needle in him to try to "solve his problem", and get an article in a journal. Live through it when your sister wishes she would have aborted your nephew, instead of his living a life of pain.

Do this, then come back and see me about why I shouldn't wish the torments on the damned on imbeciles who make "mistakes".

And isn't it funny how, when those simple tests are reviewed by another doctor, the "missed results" are seen in a matter of minutes.

Oops.

 

[Rat in the Hat]

Yanno, xotoxi, it is not entirely fair to blame these kinds of cases on lawyers. Who invented the diagnosis of ADHD? Doctors. Who would connect the ADHD to the mistake? Doctors.

IRL, as we both know, the pharmacy will be all over those parents to settle by the end of the week.

And I hope the parents don't make the mistake of signing off on a settlement now. They can't know what damage the assistant made until after the birth (if a live birth happens, that is) and what their future expenses for the care of the child will be.

Whoever gave her the wrong woman's medicine, they should be on the hook for the child's medical expenses for the rest of their life.

Hopefully, they will have a good lawyer, Rattie, and the child's future needs will be provided for in the event they do settle.

Hopefully, they won't settle until they know the extent of their child's damages, and if he/she does have medical issues, the pharmacy assistant will never know a meal consisting of anything other than Spam and warm water for the rest of their life.

 

[uscitizen]

If this woman has a healthy baby, she will have no suit. You need to be damaged to sue anyone. But if she loses the baby or it has birth defects, the pharmacy will be liable (assuming that the mistake caused it).

When a business' employee causes an injury through negligence, that business is liable.

What if the child develops ADHD...and some "expert witness" (i.e. quack) claims that ADHD can be caused by methotrexate exposure in utero.

BAM! There's your case.

Yanno, xotoxi, it is not entirely fair to blame these kinds of cases on lawyers. Who invented the diagnosis of ADHD? Doctors. Who would connect the ADHD to the mistake? Doctors.

IRL, as we both know, the pharmacy will be all over those parents to settle by the end of the week.

Yes the pharmacy will want to settle before it is known if the baby will have problems from the malpractice I am sure.

 

[Madeline]

I think you would be very hard pressed to find a jury who would not award this woman a very large sum due to the absolute negligence of the pharmacy assistant.

What kind of a dumbass would give out a prescription without making sure it was going to the right person?

I have very good eyesight. Should I be able to walk up to the pharmacy counter, read a name on a prescription in a bin, ask for it and walk away with it without the employee asking me to verify in some way that I was that person?

This woman and her significant other are going to go through months of mental suffering, hoping beyond hope, that her child is not going to be killed or damaged by the stupidity of another. And you think this is OK, and she has no right of redress for this?

I hope whoever did this to her never sees a positive balance in their bank account for the rest of their natural life.

I don't make the law, Rattie. I'm just relaying it to you.

I have great compassion for this couple, Rattie. But I have to disagree with your desire for vengence. Medicine is practiced by humans, and no matter how careful, they will make mistakes. When those mistakes cause harm, the patients should be compensated for their loss....but to ruin someone for life is unnecessary. Imagine how this pharmacist must feel?

If this shop has a history of mistakes, or the systems they have in place to prevent them are not up to snuff, etc. then the licensing board should lift the pharmacist's license.

Negligence assumes there was no bad intent, only carelessness.

Live through it the way my family has, and the way I have. Live through it because of a doctor "missing" something on a routine test. Live through it when a child has to suffer due to "mistakes" that were made. Live through it when that child cries because every doctor he sees wants to stick a needle in him to try to "solve his problem", and get an article in a journal. Live through it when your sister wishes she would have aborted your nephew, instead of his living a life of pain.

Do this, then come back and see me about why I shouldn't wish the torments on the damned on imbeciles who make "mistakes".

And isn't it funny how, when those simple tests are reviewed by another doctor, the "missed results" are seen in a matter of minutes.

Oops.

I do not want to exploit your suffering just to make a point, Rattie, but this is why I am so violently opposed to "tort reform". In Florida, the Ob/Gyn can damage a newborn by dropping it on its head in the delivery room, and the parents CANNOT SUE. The nursing home staff can beat your parent to death, and you CANNOT SUE.

When you add this to a lackisdasical medical board that hasn't lifted a license since Adam and Eve, you can see why I think "tort reform" aka medical welfare is a problem.

 

[uscitizen]

Tort reform means less recourse of the victim in restitution for malpractice.
From a business that does poorly in moderating Malpractice events.

In sort lowering our standards.

 

[Rat in the Hat]

I don't make the law, Rattie. I'm just relaying it to you.

I have great compassion for this couple, Rattie. But I have to disagree with your desire for vengence. Medicine is practiced by humans, and no matter how careful, they will make mistakes. When those mistakes cause harm, the patients should be compensated for their loss....but to ruin someone for life is unnecessary. Imagine how this pharmacist must feel?

If this shop has a history of mistakes, or the systems they have in place to prevent them are not up to snuff, etc. then the licensing board should lift the pharmacist's license.

Negligence assumes there was no bad intent, only carelessness.

Live through it the way my family has, and the way I have. Live through it because of a doctor "missing" something on a routine test. Live through it when a child has to suffer due to "mistakes" that were made. Live through it when that child cries because every doctor he sees wants to stick a needle in him to try to "solve his problem", and get an article in a journal. Live through it when your sister wishes she would have aborted your nephew, instead of his living a life of pain.

Do this, then come back and see me about why I shouldn't wish the torments on the damned on imbeciles who make "mistakes".

And isn't it funny how, when those simple tests are reviewed by another doctor, the "missed results" are seen in a matter of minutes.

Oops.

I do not want to exploit your suffering just to make a point, Rattie, but this is why I am so violently opposed to "tort reform". In Florida, the Ob/Gyn can damage a newborn by dropping it on its head in the delivery room, and the parents CANNOT SUE. The nursing home staff can beat your parent to death, and you CANNOT SUE.

When you add this to a lackisdasical medical board that hasn't lifted a license since Adam and Eve, you can see why I think "tort reform" aka medical welfare is a problem.

You can't be more opposed to tort reform due to medical malpractice than I am. I'm in favor of tort destruction when "doctors" make major mistakes that result in the pain and suffering of their patients. If it's a case of a doctor failing to fill out a checkmark on a form, they should not be held liable and sued. If it's a case of a doctor not bothering to read and interpret the results of a test they requested, and it results in major life consequences for their patient or their newborn child, then they should be sued beyond any hope of ever having a life beyond poverty level.

And I was a nursing home's worst nightmare when my MIL had Alzheimers. My wife and SIL had to hold me back when we visited and found her in a dirty, soiled bed. I wanted to kill them. We moved her to another facility the same day, and I kept on the county officials until they fined the first dump for elderly abuse.

 

[xotoxi]

If this woman has a healthy baby, she will have no suit. You need to be damaged to sue anyone. But if she loses the baby or it has birth defects, the pharmacy will be liable (assuming that the mistake caused it).

When a business' employee causes an injury through negligence, that business is liable.

What if the child develops ADHD...and some "expert witness" (i.e. quack) claims that ADHD can be caused by methotrexate exposure in utero.

BAM! There's your case.

Yanno, xotoxi, it is not entirely fair to blame these kinds of cases on lawyers. Who invented the diagnosis of ADHD? Doctors. Who would connect the ADHD to the mistake? Doctors.

IRL, as we both know, the pharmacy will be all over those parents to settle by the end of the week.

It is fair to blame these cases on the lawyers because the lawyers are the ones that construct the case...especially in cases that are not cut and dry.

And I said that the ADHD would be connected to the mistake by a doctor...an "expert witness". In the court, and "expert opinion" is considered fact, even if the opinion is completely false. It is the defenses job to shoot down the "expert opinion" with other expert opinion...and hopefully the jury will believe the truth.

That's why people and doctors can get sued for a bad outcome when they didn't actually perform malpractice. The whole system sucks and is part of the reason why medical care is so expensive. I have personally ordered unnecessary tests because if I didn't, and something went to court, they would say why didn't you do this test which all of your colleagues do...even if there is evidence against doing the test.

 

[xotoxi]

What if the child develops ADHD...and some "expert witness" (i.e. quack) claims that ADHD can be caused by methotrexate exposure in utero.

BAM! There's your case.

Yanno, xotoxi, it is not entirely fair to blame these kinds of cases on lawyers. Who invented the diagnosis of ADHD? Doctors. Who would connect the ADHD to the mistake? Doctors.

IRL, as we both know, the pharmacy will be all over those parents to settle by the end of the week.

And I hope the parents don't make the mistake of signing off on a settlement now. They can't know what damage the assistant made until after the birth (if a live birth happens, that is) and what their future expenses for the care of the child will be.

Whoever gave her the wrong woman's medicine, they should be on the hook for the child's medical expenses for the rest of their life.

The statue of limitations on malpractice is usually 2 years. For children, it is 21 years.

 

[boedicca]

How could a patient protect themselves from this?

Read the label before taking it.

The article states that she noticed she had the wrong medicine when she actually read the label AFTER SHE HAD TAKEN THE MEDICINE and saw that it was for a different patient.

"I came back and I looked at the bottle and it wasn't my name," she said.

The methotrexate was intended for a 59-year-old woman with the exact same last name as Silva's and a similar first name.

She was not prescribed the wrong medicine; the pharmacy accidentally gave her somebody else's order.

One should always read the label for any prescription prior to paying for it and taking it.

 

[peach174]

We get our meds from Safeway and they have very strict rules that they must follow before giving you your drugs. This Safeway did not follow thru with those instructions and they are at fault for not following the guidelines.

 

[boedicca]

snip

the drug accidentally prescribed to Silva,

This this is NOT the pharmacists or pharmacies problem or mistake. They filled a prescription that was presented to them.

Did the doctor know she was pregnant? Did she TELL the pharmacy that she was pregnant and ask about the drugs?

I am sorry, personal responsibility has to kick in here somewhere.

The drug wasn't accidentally prescribed. The doctor prescribed the proper drug.

The pharmacy gave her somebody else's medicine which she did not realize until reading the bottle AFTER SHE TOOK THE MEDICINE.

Really, for a pregnant woman to be so cavalier about what she ingests as to not read a label before taking medication is quite sad.

 

[boedicca]

I see a lot of blame of doctors and pharmacies in this thread. The pharmacy assistant did make a mistake, but where is the individual responsibility?

The mother to be has the same last name and a similar first name as what was on the bottle incorrectly given to her. If one has a common name, doesn't it make sense to take more precautions to make sure one has the proper medicine?

The pharmacy was negligent in not asking for additional info such as an address or birth date to validate the name. But in the end, if there is something wrong with the baby, suing them is cold comfort compared to the mother taking responsibility to confirm that she has the correct medicine before ingesting it.

 

[peach174]

snip

the drug accidentally prescribed to Silva,

This this is NOT the pharmacists or pharmacies problem or mistake. They filled a prescription that was presented to them.

Did the doctor know she was pregnant? Did she TELL the pharmacy that she was pregnant and ask about the drugs?

I am sorry, personal responsibility has to kick in here somewhere.

The drug wasn't accidentally prescribed. The doctor prescribed the proper drug.

The pharmacy gave her somebody else's medicine which she did not realize until reading the bottle AFTER SHE TOOK THE MEDICINE.

Really, for a pregnant woman to be so cavalier about what she injests as to not read a label before taking medication is quite sad.

That is what I'm saying it was the person who handed her the wrong prescription. Safeway has strict rules , the first thing they do is they take it out of the bag and have you look at it to see if that med is you or the one you are picking it up for, then they explain how to give the med and then ask you if this is right. The person that handed her the perscription did not do this or she herself did not read the bottle. Then they have you sign your initials saying that you understand the instructions and that you have been given these instructions.

 

[boedicca]

The blame is two sided, with more of it on the side of the pharmacy. But even if the pharmacy makes a mistake, an individual can prevent harm to herself by reading the bottle before consuming the medication.

 

[Madeline]

The blame is two sided, with more of it on the side of the pharmacy. But even if the pharmacy makes a mistake, an individual can prevent harm to herself by reading the bottle before consuming the medication.

Boedicca, if this was your grandbaby that might be destroyed, would you still be talking up the pharmacy's defense? Tell me, in your view, should we just repeal all tort and contract law and close the courthouses for good except for criminal cases?

Negligence of this sort has been a cause of action since the Magna Carta, but naturally, you know better than centuries of legal philosophers.

 

[xotoxi]

snip

the drug accidentally prescribed to Silva,

This this is NOT the pharmacists or pharmacies problem or mistake. They filled a prescription that was presented to them.

Did the doctor know she was pregnant? Did she TELL the pharmacy that she was pregnant and ask about the drugs?

I am sorry, personal responsibility has to kick in here somewhere.

The drug wasn't accidentally prescribed. The doctor prescribed the proper drug.

The pharmacy gave her somebody else's medicine which she did not realize until reading the bottle AFTER SHE TOOK THE MEDICINE.

Really, for a pregnant woman to be so cavalier about what she ingests as to not read a label before taking medication is quite sad.

I once was asked by a patient for a refill on an inhaler. It wasn't on her med list in her record. After a little investigation, we realized that she had been given this medication by the pharmacy which was intended for her daugher in law who happened to have the same name (obviously different DOB).

Even though I hadn't prescribed it, we continued with the med since it was helping her breathing. I only wonder if the daughter in law was struggling not having her prescribed medicine.

But alas, the patient is dead and the pharmacy went out of business...both completely unrelated to my story.