Are Medication Mistakes Medical Malpractice?

Prescription drugs help patients recover from and manage serious conditions, live longer, and have a better quality of life. However, the wrong medication can have the opposite effect. When doctors prescribe medication, they have to be sure it is the right drug, the right dose, and the right patient. Medication mistakes have serious consequences. Some prescribing errors are fatal.

Proving medical malpractice is difficult. A medical malpractice lawyer can review your medical records and explain your legal options for seeking compensation for a medication mistake.

Common Types of Medication Errors

There are different types of medication errors. Doctors and pharmacists can make errors in prescribing and dispensing drugs to patients. Common types of medication mistakes include:

• Incorrect medication
• Wrong dosage
• Wrong frequency or time
• Wrong patient
• Prescribing unauthorized drugs
• Dispensing errors
• Failing to monitor for adverse reactions

Health Consequences of Medication Errors

Medication mistakes have serious health consequences. Taking the wrong drug or too much of a drug can cause serious illness, organ damage, or a life-threatening reaction. Common injuries for victims of medication errors include:

• Infection
• Liver damage
• Brain damage
• Seizure
• Heart attack
• Allergic reaction

Causes of Medication Errors

Medication errors can happen at any time, from having an examination to picking up the drugs at the pharmacy. The common causes of medication mistakes include poor communication, patient mix-ups, and illegible handwriting.

There are “Five Rights” of preventing medication errors, which include:

• Right patient
• Right prescription drug
• Right time
• Right dose
• Right route of medication administration

Many people assume their doctors and medical providers are doing the right thing. But you can reduce your risk of medication mistakes by taking certain steps.

Have a list of all your medications, including over-the-counter medications and supplements. When you get a new prescription, make sure you understand the drug name, dose, and how long to take the medication. Ask your doctor and pharmacist about common side effects and drug interactions.

Dangerous Abbreviations and Shorthand

Medical abbreviations that everyday people don’t know and common drug names are some of the most common causes of medication mix-ups. The Institute for Safe Medication Practices (ISMP) identifies common error-prone abbreviations.

For example, one traditional use of shorthand includes “q.d.,” which actually means “take once daily.” However, this could look similar to “q.i.d.,” which means “four times daily.” Avoiding using these abbreviations and symbols can improve patient safety.

Look-Alike Drug Names

Some drug names look alike and can confuse doctors, patients, nurses, and pharmacists. For example, a doctor prescribes chlorpromazine, but the pharmacy dispenses chlorpropamide.

The U.S. Food and Drug Administration (FDA) and ISMP use different lettering to help reduce the risk of errors involving the prescription of similarly named drugs. For example, the spelling for look-alike drugs appears as prednisoLONE and predniSONE.

Failure To Warn Patients of Side Effects

Some drug interactions aren’t caused by medical errors. Taking any medication can have risk factors and side effects. Drug labeling laws require drug manufacturers to list common side effects and adverse reactions. But health care professionals should also give you the information to make informed choices.

Doctors should have your informed consent when prescribing medications. You should understand the drug’s intended use, possible interactions, and adverse effects to watch out for. Communicate with your doctor if you have questions about your medications.

Liability for Medication Mistake Injuries

Medication errors can happen at any time. Even if a doctor prescribes the right prescription drug, the nurse can administer the wrong dosage, or a pharmacist can fill a pill bottle with the wrong drug. Many medication malpractice claims include multiple defendants. Parties liable for medication miscommunication errors can include:

• Doctors
• Pharmacists
• Nurses
• Pharmaceutical companies
• Drug manufacturers
• Hospital and health care facilities

To prove liability in a drug administration error case, you have to show that a medical professional was negligent. Doctors owe patients a duty of care to follow medical standards. If the doctor breaches the standard of care and causes you injury, the doctor is liable for damages.

Compensation for Victims of Medication Mistakes

Victims of medication mistakes can file a medical malpractice lawsuit to recover compensation and hold health care providers responsible for their mistakes. You or your loved ones can get compensation for economic and non-economic damages, including:

• Medical expenses
• Future medical treatment
• Lost income
• Pain and suffering
• Emotional distress
• Wrongful death

You have a limited time to take legal action for medical malpractice. The statute of limitations only gives you a certain amount of time after a medical injury to file a lawsuit. Statutes of limitation generally range from about one to three years. If you wait too long, the court will dismiss your lawsuit.

Finding a Qualified Medical Malpractice Lawyer

The medical malpractice legal process can take years. Before hiring a lawyer, make sure you’re confident that you have the right legal team for your case. Find a medical malpractice lawyer with experience handling medication mistake cases like yours. Ask any questions to make sure you have the right lawyer for you.