Articles Posted in Negligence

A Louisiana mother has filed suit against Walgreen’s after two different stores allegedly incorrectly filled her daughter’s medication. According to the claim, the plaintiff and her minor child were at the Walgreens at 4600 Westbank Expressway in Marrero Louisiana, on Sept. 26, 2016, when the first incident took place. The suit states that the plaintiff was picking up medication prescribed for her daughter’s seizures but she was given the wrong medication. The child began to show symptoms and was admitted to a hospital, where she was treated for an overdose of the incorrect medication. On May 30, the plaintiff went to a Walgreens at 2001 Carol Sue Ave. in Gretna and after returning home saw that there were two types of pills in the bottle. Her claim accuses Walgreen’s of negligence by failing to take the proper care, failing to warn of danger, and overall negligence of the employees who filled the prescription incorrectly.

How Common is this Problem?

This case raises an interesting question—how often do pharmacists incorrectly fill prescriptions, and what can you do about it if they do? While estimates vary, it’s believed that one percent to five percent of prescriptions filled in U.S. pharmacies involve some kind of error. According to Gerald Gianutsos, an associate professor of pharmacology at the University of Connecticut School of Pharmacy, a prescription label with incorrect directions is the most frequent type of prescription error, but, occasionally, a patient will also receive either the wrong dosage of the correct medication or the wrong medication altogether. Many drugs have names that sound similar and that use similar spellings, and when they’re arranged alphabetically on the pharmacy shelf, “it’s very easy to grab the wrong one by mistake and look at it real quick … and think that you’re dispensing the right drug,” Gianutsos says.

In March of this year, a 59 year-old woman, a woman in her 40s, and a 7 year-old boy fell about 12 to 15 feet out of a Ferris wheel in Washington State when the gondola they were in tipped over. The 59 year-old was hospitalized with serious injuries, while the others were treated and released. The company that owns the Ferris wheel claims that riders who fell out had been asked to remain seated during the ride’s rotation. However, a witness at the scene claims that it didn’t appear that the riders were moving around when their gondola tipped over, and a broken part was found on the deck of the ride shortly after the accident. The witness further claims that the riders did not start moving back and forth in the gondola until the car itself started coming apart and they were trying to hold on, and that she heard a grinding sound right before the accident.

This incident raises the question of theme park and festival safety, and what riders can do if they are injured on a ride. Below, we’ll examine some of the most common theories of liability for theme park accidents.

Negligence

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