Alice Nail underwent a knee surgery and was prescribed 1-milligram Coumadin tablets to treat pulmonary thromboembolism. From August 2003 to July 2006, Nail filled the prescription 15 times at Publix Supermarket. When a nurse called in a renewal for Nail's prescription in July 2006, the dosage was increased to 5 milligrams. Nail claimed that she was not informed of the change in prescription strength and continued to take the new dosage as before, leading to adverse health effects.
Nail filed a lawsuit against Publix, alleging that the supermarket violated the Alabama Medical Liability Act by not informing her about the change in prescription dosage. Publix argued that it had a policy to counsel customers about prescriptions and presented a signed form where Nail declined counseling.
However, the Alabama Supreme Court ruled in favor of Nail stating that pharmacists do have a duty of care towards their customers, including informing them about prescription changes. The court noted that there was a genuine issue of material fact as to whether Publix actually informed Nail about the change in prescription strength.
Expert Not Required where a Pharmacy Dispenses Incorrect Medication