Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free[Consolidated.] J. Land finds that the trial court properly dismissed the individual's negligence and medical malpractice action against Publix arising from injuries she suffered after she was prescribed Bactrim, a medication to which she was allergic. The individual failed to provide an expert affidavit from a pharmacist or pharmacologist despite the fact that her theory of negligence implicated Publix's exercise of professional skill and judgment in operating a pharmacy. However, the trial court incorrectly dismissed the individual's claims against the doctor. An expert affidavit provided by another doctor met the statutory requirements because it stated that a supervising doctor should have created a protocol to minimize the risk of a nurse practitioner prescribing an improper drug. Reversed.