Dorothy Brumaghim sued Rite Aid claiming that one of its pharmacies caused her to suffer a stroke, because her doctor wasn't contacted to verify her medication's dosage.
When the Schoharie County Supreme Court declined to dismiss the case, the company appealed.
Since Rite Aid filled the lady's prescription, as written, the Appellate Division, Third Department, didn't think the company was negligent. The court refused to require an inquiry with the prescribing doctor before a prescription is filled because that would subject the physician's decision to question--which the AD3 thought would be akin to the pharmacist practicing medicine without a license.
Seems like they followed the script.
To view a copy of the Appellate Division's decision, please use this link: Brumaghim v. Eckel