What Are Some Common Medication Errors?

When we need medical attention, we entrust ourselves to healthcare providers and believe they will protect us from risks like medication errors. In most cases, this care is crucial to our well-being and even, in some cases, our survival.

However, the results can be devastating when physicians, nurses, pharmacists, pharmaceutical companies, and others fail to uphold their duty of care, whether through gross negligence or systematic errors. According to the Academy of Managed Care Pharmacy (AMCP), at least 1.5 million people suffer from medication errors every single year. While these errors do not always lead to serious outcomes, they can—sometimes resulting in serious, life-long complications and even death.

That’s why, if you believe you or a loved one has been the victim of a medication error, you should reach out to a qualified medical malpractice lawyer as soon as possible. At Colling Gilbert Wright, we can help determine if you have a viable claim and what next steps you should take to protect your rights.

To get started, schedule a FREE case review with our Orlando medical malpractice lawyers by calling (407) 712-7300 today.

What Is the Definition of a Medication Error?

Medication errors are a type of medical malpractice wherein a drug is improperly administered to a patient, potentially resulting in significant adverse events. The technical definition, per the National Coordinating Council for Medication Error Reporting and Prevention (NCC MERP), is:

“[A]ny preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care professional, patient, or consumer. Such events may be related to professional practice, health care products, procedures, and systems, including prescribing, order communication, product labeling, packaging, and nomenclature, compounding, dispensing, distribution, administration, education, monitoring, and use.”

Simply, a medication error is any mistake that could harm a patient or lead to improper use. These errors can happen at any stage, from labeling or prescribing to giving or taking the medication. This definition is intentionally broad because medication errors can take many different forms and involve many different negligent parties.

Beyond covering prescription errors, in which a healthcare provider improperly prescribes a medication to a patient, medication errors also cover the manufacturing, compounding, dispensing, administration, and monitoring of a medication’s effects.

What Are Common Types of Medication Errors?

To gain a better understanding of what types of errors are considered medication errors, let’s look at some examples of the most common types.

Prescribing Errors

Prescribing errors cover not just prescribing the wrong medicine or dosage but also not ensuring a medication is safe for a specific patient, or a drug that does not cause an adverse interaction with an existing prescription. Medication Error Example: an ER doctor prescribes a medicine that a patient is allergic to because they failed to review the patient’s medical records thoroughly.

Administration Errors

These errors occur when a healthcare provider improperly administers a medication to a patient. Medication Error Example: a nurse tasked with administering a medication misreads the physician’s instructions and overdoses a patient.

Dispensing Errors

When pharmacists prepare and dispense medications, they can make mistakes that result in a patient receiving the wrong prescription. Medication Error Example: a pharmacist confuses one medication with another and dispenses the wrong drug to a patient.

Monitoring Errors

Medication errors can also include negligence during the follow-up or monitoring period. Medication Error Example: a patient is prescribed a drug that causes an adverse reaction but their provider fails to appropriately monitor their lab work, resulting in complications.

While less common, medication errors can also relate to the manufacturing, compounding, and packaging of medications. They can also include a healthcare provider’s failure to administer a drug when they should have done so.

Because of how varied medication errors can be, anyone who believes they have suffered damages because of a medication should seek input from a qualified medication error lawyer.

What Are the Consequences of Medication Errors?

As many different types of medication errors as there are, there are even more potential consequences. According to the Mayo Clinic, “Although most errors are minor, there is a huge spectrum—and some are fatal.”

Some of the potential consequences include:

• Minor side effects, such as dizziness or nausea
• The need for prolonged or additional treatment
• The worsening of an existing or underlying condition
• Permanent injuries, including paralysis or brain damage
• A loss of life

It’s also worth noting that some types of medication errors tend to be more dangerous than others, with prescribing errors and administration errors most often resulting in serious injury.

Who Is Responsible for Medication Errors?

Depending on the type of medication error, several parties could be fully or partially liable for an error, including:

• Physicians
• Nurses
• Pharmacists
• Pharmaceutical companies

Sometimes, the company or organization responsible for a patient’s care, such as a hospital, could also be held responsible. For example, if a nurse incorrectly administered a medication, it could be the nurse’s fault if they were intoxicated or acting in a grossly negligent or careless manner. On the other hand, it could also be the hospital’s responsibility for failing to vet their nursing staff properly or provide appropriate training.

Ultimately, determining who is responsible for a specific medication error requires a thorough investigation. This is one critical area where a medical malpractice lawyer can help.

What If My Doctor Prescribed Me a Defective Medication?

Defective drugs could cause severe, often life-threatening complications. From organ failure and stroke to cancer and birth defects, these medications may lead to health conditions that require extensive ongoing medical care, beyond their intended purpose. These defects, commonly stemming from faulty design or manufacturing process, may lead to medical malpractice lawsuits due to negligence.

If a doctor prescribes a defective drug that causes you harm, they may be liable under certain conditions. If they knew (or should have known) about the risks but failed to warn the patient or the practitioner chose an improper, high-risk dosage, both circumstances constitute a significant breach of the duty of care. However, if the defect lies in manufacturing or inadequate manufacturer warnings, a product liability claim should be filed against the drug company directly.

Can You File a Medical Malpractice Claim?

Yes, if an individual’s or organization’s negligence resulted in damages, you have the right to pursue compensation.

That said, doing so can be a challenge. Healthcare organizations generally have insurance companies to represent them in malpractice claims, meaning you are likely to be up against a sophisticated opponent.

It’s also important to understand that proving your right to compensation is not just about proving negligence. You must also show that:

• A duty of care existed between you and the negligent party
• This duty of care was broken
• This directly led to injuries
• Your injuries resulted in damages

Proving each of these often relies on evidence, expert witnesses, and a deep understanding of medical malpractice law.

Read More: Which Element of Medical Malpractice Is Hardest To Prove?

What Is the Biggest Hurdle in Proving Negligence in Medication Errors?

While all four elements (duty, breach, causation, and damages) must be established in a medical malpractice case, causation is typically the hardest element to prove. It requires providing the court with a direct link between a healthcare provider’s negligence and your resulting injury. This hurdle is often challenging to overcome because as the plaintiff, you are already ill or injured. The defense may argue that you suffer from a pre-existing condition, as opposed to harm caused by common medication errors.

The healthcare provider or facility’s legal counsel may also attempt to show that your condition would have worsened anyway, regardless of the medication error. However, with the help of a skilled attorney, we would prove causation with competing, complex medical expert testimonies to convince a jury of the link.

Breach of duty is another hurdle in cases of medical malpractice due to common medication errors. Delivering evidence that the provider deviated from the standard of care is difficult. This benchmark element requires establishing what a competent professional would have done differently if you were their patient.

What to Do When You Are the Victim of a Medication Error

If you suspect that you are the victim of a medication error, what you do next is vital to protecting your health—and your legal rights. Even your financial well-being could be at risk due to expensive medical bills and missed time from work. Do not make a mistake now. Act quickly and follow these steps to avoid potential medical and legal complications:

Seek Medical Attention: Prioritize your health by seeing a doctor, visiting the emergency room, or calling 911 if you experience adverse effects related to a medication.

Preserve the Evidence: Keep the medication container, the drug itself, and the pharmacy paperwork.

Put the Details in Writing: Keep a log of your symptoms, the date and time of the error, and all conversations you have with healthcare staff.

Notify Your Doctor: Let your prescribing healthcare provider and the pharmacist know of the mistake immediately. Ask your doctor if you should stop taking the medication.

Report the Error: Report the medication error to the Florida Department of Health to initiate an investigation.

Do Not Sign Anything: Avoid signing documents from the pharmacy or insurance company before you consult with a medication error attorney.

Consult an Attorney: Contact a medical malpractice lawyer to evaluate your case and discuss potential compensation for damages.

Why Should You Consult a Medical Malpractice Attorney?

In a word: experience.

Building and winning a medication error claim not only calls for a deep understanding of the law but also how to:

• Investigate the error and gather evidence
• Calculate damages
• Negotiate with insurance companies
• Retain qualified expert witnesses to testify on your behalf
• Navigate the legal process

The only way you learn how to do all of these things well is through experience. This is why it can be so hard to represent yourself—and why it is so important to work with a lawyer who has a proven track record of winning compensation for medication error victims.

Reach Out to the Medical Malpractice Lawyers at Colling Gilbert Wright

At Colling Gilbert Wright, our medical malpractice attorneys have successfully fought for the rights of patients who have suffered medication errors at the hands of a healthcare provider they trusted.

We know how frustrating and overwhelming this situation can be, but we also know that justice is attainable. Nothing can undo what was done, but we do everything we can to make our clients whole again so they can move on with their lives. That starts with holding healthcare providers and organizations accountable.

Reach out to our medical malpractice lawyers today for your FREE case review. We are proud to represent our neighbors in Orlando and throughout Florida.