Negligence is the commission of an act that a prudent person would not have done of the omission of a duty that a prudent person would have fulfilled, resulting in injury or harm to another person. (Mosby, 2002) Product liability, according to Section 102(2) of the Uniform Product Liability Act, includes “all claims or action brought for personal injury, death, or property damage caused by the manufacture, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, or labeling of any product.
” Laws vary from state to state, but the basic premise is that companies have a duty to protect consumers from potential hazards, even if the damage primarily caused by consumer negligence or deliberate misuse. Courts have held that manufacturers generally have more innate knowledge about their product, so it falls on them to assume financial responsibility for injuries and property damage. (Pollick, 2003-2009).
Medication error is defined by the National Coordinating Council for Medication Error Reporting and Prevention (NCC MERP) as “any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care professional, patient, or consumer. Such events may be related to professional practice, health care products, procedures, and systems, including prescribing; order communication; product labeling, packaging, and nomenclature; compounding; dispensing; distribution; administration; education; monitoring; and use.
” In the healthcare system, it has been an age-old problem that patients have been injured and some died due to negligence, specifically on medication errors and product liabilities. In the case of the Quaid Twins, there is no one person accountable for what happened. It is the responsibility of the Physician, the Nurse, the Hospital, and the Manufacturer of the product to ensure their clients’ safety. There is negligence on the part of the whole medical team since they have caused harm and brought their clients’ life to danger.
Whatever reason will not justify their mistake and they should be liable for their actions. For the medication error committed by the healthcare member, it brought to question why would he or she be making that mistake? This comes to the fact that Manufacturers are also liable for the reason that poor product design and labeling which may have been the factors that led to such situation. On the other hand, the article “Drug makers seek shield from lawsuits” are somewhat related to the Quaid Twins issue.
Both articles tackle negligence and product liability. In this issue, there is obviously a liability on the manufacturer for distributing a substandard product. Healthcare members failed to check the item they are using so they shall be held liable as well. But it is unjust to keep the manufacturers from receiving lawsuits. Those who committed mistakes should be responsible for the complications that resulted from it. Good to know that the case of Wyeth vs. Diana Levine (06-1249), have been served justice.
According to Savage (2009), the Supreme Court upheld the rights of patients who are hurt by a prescription or over-the-counter drug to sue the drug maker for damages. The 6-3 decision rejected a strong move by the Bush administration and the pharmaceutical industry to shield drug makers from lawsuits if their products were approved by the Food and Drug Administration. It is the job of the healthcare professionals and product manufacturers to educate their clients and ensure safety among involved parties.
If every negligence and product liability that will be incurred and then will be given appropriate action, it will be a good start in achieving minimal human errors in the medical field. In this way, too, manufacturers and all medical professionals will be more cautious with their actions and they will not take their clients’ safety for granted. Miller, Roger LeRoy, and Gaylord A. Jentz. Fundamentals of Business Law. Thomson South-Western, 2005. FDA Consumer Health Information. (2009, Feb 20). FDA 101: Medication Errors.
Retrieved March 6, 2009, from http://www. fda. gov/consumer/updates/medicationerrors031408. html Savage, D. (2009, March 5). Supreme Court rules patients can sue drug makers. Los Angeles Times. Retrieved March 6, 2009, from http://www. latimes. com/news/politics/la-na-drug-lawsuits4-2009mar05,0,2878068. story Pollick M. (2009). What is Product Liabiliy. Retrieved March 6, 2009, from http://www. wisegeek. com/what-is-product-liability. htm Mosby’s Pocket Dictionary of Medicine, Nursing, & Allied health (2002) Negligence