Michelle D. Morgan, sued Publix Super Markets, Inc., alleging she was dispensed the wrong medication from their pharmacy, causing her to experience a series of health issues. The Jefferson Circuit Court initially ruled in favor of Publix, maintaining that under the Alabama Medical Liability Act (AMLA), Morgan was required to prove breach of care through expert testimony, which she had failed to present.
The Supreme Court of Alabama reversed and remanded, stating that where a pharmacy dispenses incorrect medication, negligence is so apparent that it can be understood by a layperson without the requirement of expert testimony. The Court relied on previous cases which upheld that negligence in such scenarios was clearly discernible by common knowledge. The case was remanded for further consistent proceedings.
Standard of Care Expert Not Certified by same Medical Board as Defendant and Not Similarly Situated
$300,000 Judgment Reversed: Nurse Did Not Qualify as a Similarly Situated Health Provider Given Lack of Experience with Similar Patients
A Prospective Expert Should Be Board-Certified at the Time of Testimony
Plaintiff Argued Case was Simple Enough to be Understood by Lay Person - Summary Judgment Reversed
Standard of Care Expert Excluded for not being a "Similarly Situated Healthcare Provider"
Medical Chart Was Not Required to Be Attached to Affidavit
Plaintiff's Failed to Present Expert Testimony that Nurses Breached Applicable Standard of Care
Only an Expert can Explain the Standard of Care and Whether it was Breached
Expert's Affidavit did nto Contradict Deposition Testimony as they were Based on Separate Sets of Facts
Pharmacists Have a Duty of Care to Inform Customers about Prescription Changes