If you or a loved one are being cared for by a medical professional, you assume you will be taken care of with the utmost diligence. You trust your healthcare provider and their staff to pay attention to detail. Usually, this is the case and all goes well; however, sometimes mistakes can be made by healthcare providers.
Medication errors can have life‑altering consequences, but you don’t have to fight for your rights alone. Our dedicated medication errors attorneys have decades of combined experience in handling such lawsuits and know how to fight hard to help secure the compensation you deserve for your losses. Contact Shelsby & Leoni today to learn more about how we can help you.
What Is a Medication Error?
Medication errors are preventable mistakes that occur at any point in the medication process, such as while prescribing medicines, failing to administer proper dosage, and neglecting to check patients’ history and other effects of medications.
Illegible handwriting, incorrect use of medical terminology, or writing in shorthand are some of the most common reasons why medication errors happen. If your healthcare provider was intoxicated at the time your medication was dispensed or prescribed, this too can lead to a medication error.
Many errors involved in the dispensing of medication happen outside of your doctor’s office, the emergency room you visited, or the hospital you were in. Pharmacies like CVS and Walgreens are often named in medication injury lawsuits, as are individual pharmacists.
How Many People Die from Medical Errors?
Medical errors are a frequently overlooked threat to patient safety and the third leading cause of death in the United States, behind heart disease and cancer. A Johns Hopkins study estimates that medical mistakes account for over 250,000 deaths each year in the United States. Key findings from the study include:
Common Causes:
- Medication errors, such as incorrect dosages, changes in inactive ingredients, or wrong prescriptions
- Medical misdiagnosis or delayed diagnosis
- Surgical complications
- Failure to properly monitor a patient’s condition
Systemic Issues:
- Poor communication between healthcare providers
- Lack of standardized procedures
- Inadequate safety protocols
Medical errors are not always reported accurately, suggesting that the actual death toll could be even higher. This growing concern has led to increased calls for reforms in patient safety, like:
- Stricter hospital safety regulations
- More comprehensive patient monitoring
- Better training for healthcare providers
- Enhanced electronic medical record-keeping to minimize prescription and documentation errors
Sometimes, systemic inequities and discrimination in healthcare also play a role in medical malpractice, including due to medication errors. Certain populations, such as racial and ethnic minorities, immigrants, people with limited English literacy, and the elderly, are more susceptible to experiencing neglect.
Who Can You Sue for a Medication Error?
When a medication error causes harm, determining who is legally responsible is essential for pursuing a claim. Several parties may be liable depending on where the mistake occurred and who was involved in prescribing or handling the medication. Parties you may be able to sue in a medication errors lawsuit include:
Doctors and Prescribing Physicians
A doctor can be held liable if they:
- Prescribe an incorrect dosage or the wrong medication
- Fail to check for drug interactions with a patient’s current medications
- Ignore a patient’s medical history, leading to an allergic reaction or adverse effect
- Misdiagnose a condition leading to the prescription of an unnecessary or harmful drug and consequently not treating the actual condition the patient has.
Pharmacists and Pharmacies
Pharmacies, including major chains like CVS and Walgreens, ensure the correct medication is dispensed. They can be sued if they:
- Dispense the wrong drug or dosage due to human error.
- Mislabel a prescription bottle, leading to incorrect usage instructions.
- Fail to provide proper counseling about the medication’s risks and side effects.
- Ignore known drug interactions when filling a prescription.
Hospitals, Clinics, and Medical Facilities
A hospital negligence lawyer can help you file a lawsuit against medical institutions if medication errors occur in a hospital, urgent care center, or nursing home due to:
- Failure to train staff on proper medication administration
- Understaffing, leading to rushed or mistaken dosages
- Poor record-keeping, resulting in patients receiving the wrong drug or missing a dose
- Errors in electronic medical records that cause incorrect prescriptions or conflicting treatments
Nurses and Other Healthcare Providers
Nurses, physician assistants, and other medical staff are critical in administering medication. They can be liable for:
- Giving the wrong medication to a patient
- Administering an incorrect dosage or failing to monitor for side effects
- Failing to confirm patient identity before dispensing drugs
Drug Manufacturers
If a medication is dangerous or defective, the pharmaceutical company may be sued under product liability laws. A manufacturer can be held responsible if they:
- Do not warn about potential side effects or risks
- Withhold safety data from the public and the FDA
- Manufacture contaminated or defective drugs that cause harm
- Withhold information about any active or inactive ingredient from medical personnel or patients
Types of Medication Error Cases We Help With
Proving fault in a medication error case requires a thorough investigation. A skilled medication errors lawyer will review medical records and pharmacy logs to identify where the mistake occurred. They will also consult with medical experts to determine if medical negligence was involved, as well as investigate to determine who all are at fault for the error.
Many medication error lawsuits are considered product liability claims, or mass tort lawsuits, when they involve dangerous or defective drugs. Examples include:
- Taxotere chemotherapy permanent hair loss lawsuits
- Invokana diabetes drug claims
- Opioid addiction lawsuits
- Metformin lawsuits
- Zantac cancer claims
- Xarelto injury cases
- Prilosec, Nexium, and Prevacid cancer cases
These drugs can be prescribed or sold over the counter. Many contain DFM, NDMA, and ranitidine, all of which are carcinogens. Taking these drugs can result in cancers, weakened bones, renal failure, vision or hearing loss, internal bleeding, clotting issues, heart failure, stroke, and other issues.
Recent Medication Error Cases
Medication errors threaten patient safety daily. Real-world cases underscore the devastating consequences of prescription mistakes, pharmacy errors, and medical negligence. Below are recent examples of medication errors that led to serious harm.
Pharmacy Dispenses Dangerous Dosage to a Child
A North Carolina mother recently came forward after a pharmacy gave her 5-year-old son an overdose of ADHD medication when they mistakenly dispensed 25 mg instead of the prescribed 5 mg dose—five times the correct amount. The child suffered from severe side effects, including elevated heart rate and anxiety. This child injury case underscores how pharmacy errors can be life-threatening, especially for young children.
Hospital Medication Errors Cause Severe Patient Harm
A recent investigation revealed that a Southern California hospital endangered patients due to several medication errors. In one instance, a patient was mistakenly administered blood thinners they were not prescribed, leading to a life-threatening brain bleed. Another patient received an excessive dose of pain medication, putting them at risk of respiratory failure. These errors underscore the dangers of inadequate hospital oversight and a lack of medication safety protocols.
Nursing Home Medication Mistakes Under Investigation
A nursing home in Washington, D.C., has faced scrutiny following a series of reported medication errors. The facility allegedly administered incorrect medications or dosages to residents, resulting in serious health complications. An investigation by the Washington, D.C. health department revealed that multiple patients suffered due to staff negligence, poor record-keeping, and a failure to verify prescriptions before drug administration.
What These Cases Mean for Patients
These real-life incidents show that medication errors can and do occur anywhere — at pharmacies, hospitals, and nursing homes. If you or a loved one has suffered due to a prescription mistake, you may have legal options. An experienced medication error lawyer can help determine liability and pursue justice for your suffering.
How to Prove Medical Negligence in a Medication Errors Case?
Proving negligence in a medication error case requires demonstrating that a medical professional, pharmacist, or healthcare facility does not meet the standard of care and directly harms a patient. Establishing liability involves several key legal elements, each of which must be supported by compelling evidence.
Elements of Negligence in a Medication Error Case
To successfully pursue a claim, the following four elements must be proven:
Duty of Care: Medical professionals, such as doctors, nurses, and pharmacists, have a legal duty of care, which means they must abide by accepted medical standards. This includes prescribing appropriate medications, ensuring the correct dosage, and monitoring potential drug interactions or side effects
Breach of Duty of Care: A breach of duty happens if a medical staff fails to follow standard medical practices, resulting in an avoidable medication error. Examples of breaches include:
- Prescribing the incorrect medication or an incorrect dosage
- Not checking drug interactions or allergies before issuing a prescription
- Pharmacies dispense the wrong drug due to human error
- Hospitals administer medications improperly due to staffing shortages or record-keeping mistakes.
Causation (Linking the Error to Patient Harm): It must be proven that the medication error directly caused the patient harm. Your attorney may consult a medical expert to testify that the mistake directly led to the patient’s adverse health effects rather than an underlying condition. Examples of harm caused by medication errors include:
- Severe allergic reactions
- Organ failure or toxicity from an overdose
- Internal bleeding or clotting complications
- Worsening of a pre-existing medical condition
Damages: To receive compensation, a patient must demonstrate they suffered at least one type of harm due to medication error: physical, financial, or emotional harm.Damages can include:
- Medical expenses for hospital stays, corrective treatments, and rehabilitation.
- Lost wages to compensate for hours unable to work due to the error
- Pain and suffering, including emotional distress from the injury.
- Long-term health complications that reduce the quality of life.
How Can a Lawyer Help with a Medication Errors Case?
Medication errors can lead to severe injuries, long-term health complications, and even death. Determining who is responsible and holding them accountable can be complex when medication mistakes occur. A skilled medication error lawyer can help you gather evidence and fight for the compensation you deserve.
1. Investigating the Cause of the Error
We thoroughly review medical records, pharmacy logs, and prescription details to identify where the mistake occurred and if a doctor, nurse, pharmacist, or hospital failed to meet the standard of care.
2. Identifying Liable Parties
Medication errors can involve multiple parties, including:
- Doctors or nurses
- Pharmacies
- Hospitals and nursing homes
- Drug manufacturers
3. Collecting Crucial Evidence
Medical negligence lawyers gather key evidence, such as prescription records and medical charts, to prove that an error occurred, as well as witness statements, surveillance footage, and expert testimony from medical professionals.
4. Handling Insurance Companies
Insurance providers are known to try to deny claims. They might say a medication error was unavoidable or unrelated to the patient’s injuries. An attorney negotiates with insurance companies to fight for you to receive fair compensation for medical bills, lost wages, and pain and suffering.
5. Filing a Lawsuit If Necessary
If a settlement cannot be reached, we will file a lawsuit against the responsible parties and fight for your case in court.
6. Securing Maximum Compensation
Having worked on multiple medical errors cases, we will calculate the full value of your damages, including:
- Medical expenses (hospital stays, corrective treatments, ongoing care)
- Lost income from inability to work
- Pain and suffering, emotional distress, and reduced quality of life
- Long-term disability or permanent injuries caused by a medication mistake
How to Prevent Medication Errors
Medication errors can lead to serious, potentially fatal consequences, but many are preventable with appropriate precautions. Taking proactive measures can significantly decrease the likelihood of mistakes. Steps to prevent medication errors include:
1. Keep an Up-to-Date Medication List
- Maintain a detailed record of all medications, including prescriptions, over-the-counter drugs, and supplements.
- Update the list when medications change, and share it with your doctor and pharmacist.
2. Verify the Medication Before Use
- Double-check the name, dosage, and instructions on the prescription bottle.
- If the medication looks different from what you usually take, consult your pharmacist before using it.
3. Follow the Dosage Instructions Exactly
- Take the correct amount at the prescribed times.
- Use a pill organizer or medication schedule to prevent missing doses or taking double doses.
4. Ask About Potential Drug Interactions
- Drug interactions between medications can lead to serious side effects when mixed with others.
- Consult your doctor or pharmacist before starting a new medication.
5. Use One Pharmacy When Possible
- Filling all prescriptions at the same pharmacy helps prevent dangerous drug interactions.
- Pharmacists can cross-check your medications and identify potential conflicts.
6. Be Cautious with Similar-Sounding Drug Names
- Many medications have similar names (e.g., hydroxyzine vs. hydralazine), which can result in mix-ups.
- Confirm the correct drug with your doctor and pharmacist before using it.
7. Understand Possible Side Effects
- Be aware of symptoms to monitor for in case of an adverse reaction.
- If you experience unexpected side effects, seek medical attention immediately.
8. Advocate for Yourself or Loved Ones
If something doesn’t feel right, speak up—whether it’s a dosage issue, a strange side effect, or a concern about medication safety. Even with precautions, medication errors can occur due to medical negligence, pharmacy mistakes, changes in pharmaceutical distribution lines, or miscommunication among healthcare providers.
Contact a Medication Errors Lawyer at Shelsby & Leoni Today
A skilled and qualified medical negligence attorney can help determine the cause of the error, ensure your rights are protected, and identify all liable parties to hold them accountable for your injury.
Our medication errors lawyers have experience litigating cases against large drug stores such as Walgreens, CVS, Walmart, Weis Markets, Sam’s Club, Costco, Eckerd Drugs, Rite Aid, and others. If you or a loved one have been the victim of a medication injury, you may be entitled to benefits similar to if the error was committed by your doctor, urgent care clinic, or hospital. Contact us for a free case review.