A pregnant woman in Fort Lupton, Colo., was given an abortion drug by accident at a Safeway pharmacy. An abortion drug for a pregnant woman could yield disastrous results, something that could really turn this case into sad one if something happens to her baby. The woman only found out that she had been given the wrong drugs after she became sick and checked the bottle she had been given.
According to The Huffington Post, Mareena Silva went to get a prescription of antibiotics at the Safeway in Fort Lupton last week. Instead of that antibiotic, it turns out she was given methotrexate, a drug that may have put her baby at serious risk. This is a drug that is used during chemotherapy and to terminate early-stage pregnancies, and is often called an abortion drug.
When she took the pill and became sick, Silva checked the bottle, and was then rushed to the hospital. This was where she found out that she could now miscarry or have a baby with birth defects. There is of course the chance that nothing could go wrong with this pregnancy, but there is a serious fear that something could. It seems that Silva's pregnancy was put at serious risk due to a mistake at the Safeway pharmacy.
The Huffington Post also posted that Safeway had issued a statement about what took place, and their response sounds pretty guilty. They have stated that policies and procedures meant to prevent medication errors weren't followed, and the company is now going to increase efforts to ensure that they are followed. That's not exactly a heart-warming statement from the company, and certainly not something that will fix what might have just happened in this story.
Sometimes the LAW just doesn’t seem like enough.
First: Let’s all keep this woman and her baby in our prayers. Let’s hope for a healthy and uneventful birth, and life.
Second: What would happen if, on the other hand, the baby is damaged in some manner as a result of Safeway’s negligence? What if the woman loses her baby, or, the baby is born with injuries? Would Safeway be responsible? What would the measure of damages be?
If you woman could prove that the damage resulted from Safeway’s negligence, then she would be entitled under the law to seek monetary damages. However, as stated earlier, sometimes the LAW isn’t enough. Can anyone really argue with a straight face that money would make up for this damage? I should hope not, but, under the current laws of the United States, money is the only means that exists to “compensate” another for a loss like this. The loss itself is incalculable. Unfortunately, there is no better way that anyone has ever come up with to make up for damage inflicted upon another.
An “eye for an eye” justice vanished many moons ago. “Civil justice” means just that. Civility. It means that we can sit down, as men, women and professionals, and work out our differences and problems. If something is taken from you, the other side must compensate you for it in an appropriate manner. That is the basic essence of a civilized society.
It also teaches and maintains responsibility and order. Imagine if you knew that you could do damage to another, and there would be no recourse for it? Imagine if product manufacturers could place cheap, unsafe products on the market, and could not be held responsible? Imagine if doctors were free to ignore patients and commit malpractice, without having ever to answer for their wrongs? Imagine if unsafe drivers could do the same, free from being responsible for their conduct? We would not live in a lawful society. In would be anarchy, pure and simple.
A nation of laws, we must maintain order and responsibility. That means, if someone breaks it, he must be made to pay for it. If he refuses, there has to be a forum for redress, with enforcement measures to make him come to answer for his conduct, participate in a fair determination, and if found liable, to make him (or his insurance company) pay for the damages he caused. No matter how big or small the wrongdoer is. No matter how powerful or rich he might be, if he chooses to do business, and harm, in the United States, he does not escape responsibility for his conduct. That, my friend, is the CIVIL JUSTICE SYSTEM in the United States.
We shall maintain our prayers and our well wishes for the woman and her baby in Colorado. We can at the same time sleep a bit easier, knowing, God forbid, if our prayers are not answered, that our system of justice will allow her to seek damages for her loss, and, that the same system will hold this wrongdoer responsible.