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.