Medication errors injure more than 1.5 million people each year and result in the death of at least one person every day in the United States. According to the Institute of Medicine (IOM), medication errors are among the most common mistakes in hospitals, outpatient clinics, and long-term care settings.
All too frequently, patients receive the wrong drugs or the wrong doses. The problem can lie at various phases of the medication chain – in the prescribing, packaging, labeling, dispensing, administering, and monitoring of drugs.
At Kline & Specter, PC, we have decades of experience handling medical malpractice and medication error cases for clients in Pennsylvania, New Jersey, New York, Delaware, and throughout the United States. Our law firm has more than 50 attorneys, including five who are also highly skilled medical doctors, the most of any firm in the United States.
Most Common Types of Medication Errors
According to the American Hospital Association, the following are among the most common medication errors:
- Incomplete patient information: Not knowing about patients' allergies, other medicines they are taking, previous diagnoses, and test results.
- Miscommunication of drug orders: This can involve poor handwriting, confusion between drugs with similar names, misplacement of zeroes or decimal points, confusion of metric and other dosing units, and inappropriate abbreviations.
- Lack of appropriate labeling: This includes when drugs are prepared and repackaged into smaller units.
- Distractions: This includes distractions among medical professionals who dispense or prescribe drugs.
According to the IOM study, labeling and packaging issues were cited in 33 percent of all errors. Some drugs and varying doses are dispensed in similar-looking bottles or vials. One example cited in news reports was the similar packaging for insulin and heparin, a blood thinner.
One-fourth of medication errors were attributed to confusion over similar drug names. The IOM also noted "growing unease" about dispensing free samples.
Several organizations have recommended systematic changes to reduce the risk of medication errors, such as simplifying printed drug information. Much of this information is written at a college reading level and is difficult for many people to understand.
The IOM suggested that patients ask questions when they are prescribed drugs, such as how to take them and what to do in the event of side effects. It also suggested that patients have their doctors give them a printed record of all the drugs they have been prescribed, including any drug or food allergies they have. The list can be shown to other doctors, such as various specialists.
Is a Medication Error the Same Thing as a Side Effect?
Medication errors are preventable mistakes that can lead to serious or even fatal injuries. Side effects are not always avoidable, nor are they always the result of a mistake. Medication errors are caused by negligence. Side effects can be caused by any medication, even when prescribed and administered appropriately.
When a side effect is extreme or caused by a dangerous or defective medication, you may be entitled to seek compensation through a product liability lawsuit. Medication errors, on the other hand, are an issue of medical malpractice. Our attorneys can investigate your claim to determine which issue factored into your injury.
Who Is Responsible for Medication Errors?
As with any instance of medical malpractice, medication errors may result from the actions or inactions of multiple parties.
In some cases, medication error-related injuries may be related to dosage inconsistencies. In others, a labeling mistake may have led to administering the wrong type or strength of medication. Improperly dispensed drugs and those with poor instructions, as well as several other factors, may also cause injury from medication error.
At Kline and Specter, PC, we investigate medication errors to establish their cause. We also hold those parties – be they doctors, nurses, support staff, administrators, or anyone else involved in patient care – accountable for any action that resulted in harm.
What Kinds of Damages Can I Seek Through a Medication Error Lawsuit?
Each case is unique, but damages in a medication error lawsuit may include:
- Medical expenses
- Current and projected lost wages
- Personal pain and suffering
Our firm has secured substantial verdicts and settlements for victims of medical malpractice. We are prepared to get to work on your case right away to help secure compensation for both your economic and noneconomic damages.
What Can I Do if I've Lost a Loved One Due to a Medication Error?
If you have lost a loved one through medication error, our attorneys can review your case and discuss the option of a wrongful death lawsuit. These suits seek damages to cover end-of-life expenses and practical considerations for the health, happiness, and security of family members who relied on the victim for financial and emotional support.
Our attorneys understand the difficulties posed by the loss of a family member. We work to support and protect families forced into these positions through medical negligence. We are prepared to take viable cases as far as needed to help ensure our clients are awarded the compensation they will need to carry on in the absence of their loved ones.
What Evidence Is Needed To Prove a Medication Error Claim?
To prove a medication error claim, you'll need strong evidence that shows the mistake occurred, caused harm, and resulted in damages. Examples include:
- Medical Records: Documentation of your prescriptions, dosages, and treatment history.
- Prescription and Pharmacy Records: These records can show errors in dispensing the wrong drug, incorrect dosage, or improper instructions.
- Doctor's Orders: A physician's written or electronic instructions for your medication can reveal discrepancies between what was prescribed and what was administered.
- Hospital or Pharmacy Logs: Medication administration records (MARs) and pharmacy logs can highlight mistakes made by nurses, pharmacists, or other healthcare providers.
- Expert Testimony: Medical experts can analyze your case, explain the standard of care, and confirm whether an error caused your injury or illness.
- Witness Statements: Testimony from nurses, caregivers, or family members who witnessed the medication error or its effects can support your claim.
- Adverse Drug Reaction Reports: Documentation of your symptoms can help connect the medication error to your injuries.
- Receipts and Bills: Proof of financial losses, including additional medical treatments, lost wages, or out-of-pocket expenses, strengthens your case.
Why Choose Kline & Specter?
Since 1995, Kline & Specter has built a reputation for excellence in handling medical malpractice cases, including cases involving medication error. With five doctor-lawyers, the most of any firm in the country, we have the legal experience and medical knowledge necessary to represent our clients to the fullest. If you've suffered due to a medication mistake, we're prepared to fight for you.
Discuss Your Case Today
If you or a loved one experienced a serious injury or death as a result of a medication error, the experienced medication error attorneys at Kline & Specter may be able to help. Call 215-772-1000 or submit our contact form to find out if you have a valid legal claim.
Kline & Specter provides free and confidential evaluations of potential cases. We handle cases in Pennsylvania, New Jersey, Delaware, and New York. For cases outside those states, the law firm collaborates with local attorneys in each state as applicable.