Patient Sues Pharmacy for Malpractice After Allergic Reaction Hospitalization

After a patient suffered a severe allergic reaction to sulfonamides, she launched lawsuits against the clinician who treated her, the clinician’s supervisor, the practice, and Publix Pharmacy–but did she lay the proper groundwork for a case against the pharmacy?

Just the Facts

In January 2020, the patient, Ms M, was not feeling well and went to a local urgent care. She had not been to this facility before. Upon arrival, she filled out an intake form and listed the medications she was allergic to, including sulfa drugs. Ms M was examined by a nurse practitioner (NP) who prescribed some medications, including Bactrim, which is a sulfa drug. Ms M then went to Publix Pharmacy, where she filled the prescription. According to the patient, no one at the pharmacy asked her about allergies, and the medication was dispensed. Soon after starting the medication, Ms M began experiencing a reaction to the drug. She went to the emergency department, where she was diagnosed with a severe allergic reaction to Bactrim. She was hospitalized for 2 weeks.

When she recovered, she sued the NP, her supervising physician, the urgent care clinic, and Publix Pharmacy. Ms M settled the cases against the NP and the clinic, leaving only the doctor and the pharmacy. The plaintiff alleged that Publix was negligent for “allowing a contraindicated drug to be prescribed, filled, and delivered to” her and for failing to question her about known allergies or do an investigation of any kind before dispensing the medication. The defendant pharmacy motioned to dismiss the claim, alleging that Ms M had failed to provide an expert affidavit of a pharmacist or pharmacologist in compliance with state law governing medical malpractice.

The Court Decides

The plaintiff argued that this was a simple negligence case rather than a medical malpractice case requiring expert affidavits. The court disagreed, holding that to prove that Publix’s actions were inadequate, the plaintiff “must rely on the knowledge of experts with regard to what the applicable standard of care is, and whether that standard was breached.” Without an affidavit from a pharmacy expert, Ms M failed to show she how failed to meet the standard of care.

The Takeaway

Many cases end this way, often dismissed because the plaintiff neglected to file some necessary affidavit or requisite evidence of a breach of the standard of care. In this case, the patient’s pharmacy records were a decade old and did not include information about her medication allergy. If a patient does not have current pharmacy records, it is not a bad idea to double-check with the patient that they do not have known allergies.

Reference

McGhee v Publix Super Markets, Inc; McGhee v Oluwole. A23A1291 (GA Court App, February 28, 2024).