Rat in the Hat
Gold Member
- Mar 31, 2010
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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.