On August 16, 2013, the Alabama Supreme Court held, in a case of first impression, that a plaintiff who sued a pharmacy for improperly filling a prescription with the wrong medication need not provide expert testimony that the pharmacy breached the standard of care. Reversing a summary judgment for the pharmacy, the court held that “it is unnecessary for a plaintiff prosecuting an AMLA claim based on a pharmacy’s filling his or her prescription with the incorrect medication to put forth expert testimony establishing the standard of care and a breach thereof because the want of skill or lack of care in incorrectly filling a prescription is so apparent as to be within the comprehension of the average layperson without the assistance of expert testimony.” Morgan v. Publix Super Markets, Inc., 22 ALW 34-1 (1120522)

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