Posted On: December 12, 2007, 4:35 am CST

Posted By: Jean Miller

GOOD GRIEF how ridiculous is this Mass. ruling? A UPI story covering this ruling indicates "At the time of his accident, Saca, 75, had prescriptions from [Dr.] Florio for a long list of drugs with side effects that include drowsiness, dizziness and fainting, the newspaper reported."

I don't know about this physician, but in my experience most of physician's DO discuss the potential side-effects of any medication they are prescribing for you and, unless you have dementia, feel they have duly informed you! I agree with Justice Robert Cordy's comments. Can't you just see the future impact of this ruling: your doctor feels you need a medication to help your quality of life [for one reason or another], but this medication might cause you drowsiness, dizziness, fainting, or other effects that could diminish your mental capacity. Worried about being sued, the doctor will warn you about the potential side-effects then ask you to sign an affidavit stating that you fully comprehend the possible side-effects and agree that you will not drive or operate machinery while on this medication. Refuse to sign and the doctor will inform if he writes this prescription for you he will immediately notify DMV that your driver's license should be suspended because you might be a hazard to yourself and others while on this medication. Or, he'll just refuse to prescribe you the medication and ask you to see another doctor!

Why not be able to also sue the pharmacy that filled the prescription? After all, the pharmaceutical company's pages of fine print 'patient handout' on prescription medication comes with the filled prescription the pharmacist provides you. What about the dozens of over-the-counter products [like cough syrups] that carry the same warning? Will the manufacturer's of those products also become liable for lawsuits??

It appears the current outbreak in insanity in this country has infiltrated our judicial systems!