Facts:The patient/client has been diagnosed with HIV+ and sought medical attention. The physician conducted an examination designed to identify the appropriate specific medication for the patient. The appropriate prescription was emailed to the pharmacy, Rite Aid. The pharmacy received and labeled the medication but mistakenly put the wrong medication in the bottle. Therefore the bottle was labeled correctly but the right medication was not put in the bottle.

Not noticing this mistake the patient took this medication for 6 months and noticed no improvements as he should’ve. Due to this mistake the patient went downward on with his way to recovery. The physician then realized the mistake because there were no improvements. The patient then returned to the pharmacy in which they admitted to their mistake of putting the wrong medication in the correctly labeled bottle.

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Issue:Whether there is a viable negligence claim.

Rule:Clay Massi vs. Walgreen Co.
Ivis Higgins vs. Thrifty Payless Inc.
Johnney Ramey vs. Kim Tran et al.

Analysis: In general terms, negligence is “the failure to use ordinary care” through either an act or omission. Negligence occurs when, somebody does not exercise the amount of care that a reasonably careful person would use under the circumstances or somebody does something that a reasonably careful person would do under the circumstances. In the case Clay Massi vs. Walgreen Co. , a patient brought medical malpractice action against a pharmacy when the pharmacist gave him the wrong prescription drug. The jury found in the patient’s favor due to negligence.

In the case Ivis Higgins vs. Walgreen Co. , a customer brought a negligence action against a pharmacy arising when the pharmacy dispensed the wrong medication to her, which resulted in the customer becoming semi-comatose after several days of taking medication and hospitalization. The court ruled in favor of the customer. Due to these cases there is a viable claim for negligence because the pharmacist dispensed the wrong medication to the customer. The pharmacist has the duty to provide care under the circumstances. Conclusion:Yes, there is a viable negligence claim.