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Ferguson v. Baptist Health System2/11/2005
e of proof" on the issue. Coca-Cola Bottling Co. United, Inc., supra, 622 So. 2d at 884 n.3. "Whether the trial court erred in ruling on a [renewal of the motion for a judgment as a matter of law] is tested by the purely objective standard of whether the party having the burden of proof has produced proof to create an issue requiring resolution by a jury," although when this Court reviews the ruling on such a motion, "the evidence must be reviewed in the light most favorable to the nonmoving party." 622 So. 2d at 884.
Even viewing the evidence in a light most favorable to Ferguson, we cannot find that he produced clear and convincing evidence of wantonness on the part of the pharmacist who erroneously transcribed the May 25, 1999, Dilantin order onto the MAR; on the part of the nurse who failed to conduct, or who erroneously conducted, the reconciliation between the MAR entry and the physician's order; or on the part of any of the nurses administering the Dilantin dosages stated on the MAR. Stated another way, Ferguson did not present clear and convincing evidence indicating that any individual consciously did something, or omitted to do something, while knowing of the existing conditions and being conscious that, from doing or omitting to do the act in question, injury would likely or probably result to Ferguson.
As to the pharmacy error, we have carefully considered two cases cited by the parties, Harco Drugs, Inc. v. Holloway, 669 So. 2d 878 (Ala. 1995), and Cackowski v. Wal-Mart Stores, Inc., 767 So. 2d 319 (Ala. 2000). Together, they stand for the principle that if a pharmacist is presented with an illegible prescription that he or she misreads, without careful study, to call for a dangerous drug that would be anomalous to the specialty of the prescribing physician, the pharmacist must investigate further. Failure to do so could represent a reckless disregard for the safety of others generally. 669 So. 2d at 880; 767 So. 2d at 326. Conversely, an inadvertent misreading by a pharmacist of a legible prescription, under circumstances whereby the medication given to the patient, although representing an unusual choice, was not of such "extreme unusualness" as to cause any competent pharmacist "grave concern," would represent no more than negligence. Cackowski, 767 So. 2d at 327.
Based on our foregoing analyses, we conclude that the trial court erred in denying Baptist's renewed motion for a judgment as a matter of law on the issue of wantonness as a predicate for an award of punitive damages, and that part of the judgment is due to be reversed. Because the award of punitive damages in the general verdict demonstrates that the jury based its decision to award such damages on a finding of wantonness, as opposed to the "different tort concept" of negligence (see, e.g., Fox Alarm Co., supra), the verdict cannot be sustained as to the compensatory-damages award. Moreover, because Baptist specifically moved for a judgment as a matter of law as to the wantonness claim, which was the basis for the punitive-damages award, and the trial judge submitted both the negligence and wantonness claims to the jury, and the jury returned a general verdict, this Court cannot presume that the verdict was returned on the "good count" of negligence. Roush, 723 So. 2d at 1257.
Accordingly, in case no. 1022175, Ferguson's direct appeal, we affirm the trial court's order granting a new trial as to Ferguson's negligence claim. While we affirm that ruling on a ground different from the ground cited by the trial court, this Court, subject only to exceptions not applicable in this case, can affirm the judgment of the trial court if that judgment is supported by any valid legal ground. Blackmon v. Braz
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