Thank you for your question.
Based only on the information contained in your post, your wife may have an action for negligence against waitress and restaurant owner to recover for the injury to her person.
The waitress had a duty to use reasonable care in serving the food that was ordered. She apparently did not use the standard of care that a waitress should use since put the wrong order in and admits to her error.
The retaurant owner may be legally responsible for the actions of the waitress by virtue of being the employer.
Your wife sustained an injury that should be compensated. I suggest that you meet with a personal injury attorney in your area to further evaluate your case.
Typically, personal injury attorneys do not charge for a consultation and are only paid if there is a recovery.
I hope that the information which I provided was helpful to you.
Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.
Thank you, FLANDNYLAWYER
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