Earlier this month, an appellate court in Georgia issued an opinion in a personal injury case that discusses principles that often arise in Florida medical malpractice cases and other personal injury cases. The case required the court to determine if the plaintiff’s evidence gave rise to a case of medical malpractice against the defendant pharmacist in the wake of a medication error. Ultimately, the court concluded that the plaintiff’s testimony failed to establish that the pharmacy violated any professional duty of care, and thus the medical malpractice claim was dismissed.
The Facts of the Case
The plaintiff suffered from serious medical issues requiring that he take certain medication. One day, the plaintiff’s wife went to pick up her husband’s prescription from the defendant pharmacy. The plaintiff’s wife was provided a single bag with two bottles inside. Neither bottle had the plaintiff’s name on it, and neither contained the proper medication.
The plaintiff’s wife, not noticing the error, gave the medication to her husband. Later that evening, she found the plaintiff on the floor near the front door to their home. The plaintiff’s wife did not notice anything that could have caused her husband to trip, and she concluded that he fell on his own. The pharmacy error was later discovered, and the couple subsequently filed a personal injury case.