Heard any good jokes lately? Or better yet, heard any stories about “honest” lawyers? The perception of lawyers in this country is they are dishonest, crooked and will do anything to make a quick buck. And, then there are movies and TV shows which lionize attorneys and make them look like modern day heroes (see “Law & Order” DA Jack McCoy and John Travolta in “A Civil Action”). The truth is lawyers are human like everyone else and do the best they can each day to uphold the vow they took when they became a member of their state’s bar association. However, humans do make mistakes and that includes lawyers.
Professional Liability Litigation
In this wrongful death case brought against two pharmacies, the plaintiff alleged a woman died of multiple drug toxicity due to the alleged negligence of the pharmacies in dispensing prescription medication. The allegation was that Walgreens had filled approximately 275 different prescriptions issued by 18 different physicians, and that CVS filled approximately 95 different prescriptions issued by 10 different physicians. Many of the prescriptions were narcotics.
The primary assumption of the risk doctrine has been used to provide immunity from suits for certain sporting and recreational activities, based on the public policy consideration that such activities are to be encouraged, rather than discouraged. The immunity from suit typically applies so long as the defendant did not do anything to increase the “inherent risk” of the activity.
When an attorney makes a mistake, the layman client will often be unaware until long after the mistake occurred. When the discovery of the mistake is significantly delayed, can the client still pursue their attorney for recovery? This is just one of the important considerations when evaluating statute of limitations defenses.