Chicago Prescription Errors Lawyers
More than one million people are injured every year by receiving inappropriate medication, according to the World Health Organization. The injuries suffered range from headaches and nausea to organ failure, traumatic brain injury, and even death.
At Rapoport Weisberg Sims & VanOverloop P.C., we represent individuals who have been seriously injured by medication errors as well as the loved ones of those killed by improper medication. Doctors and pharmacists can be held legally accountable when their negligence causes harm.
To schedule an immediate, no-obligation consultation with one of our attorneys, call 866-693-3806 or contact us online.
Common Medication Errors
There are several different ways that medication errors can occur. According to the Academy of Managed Care Pharmacy, the three most common medication errors are due to:
Wrong Medication
A common error is giving the wrong medication altogether. When the wrong drug is given to a patient, the results are unpredictable at best.
Dosage Mistakes
One of the most common fatal medication errors is a mistake in the dosage administered. A medical provider could miscalculate the dose or provide too strong of a dose for the patient. The difference between a safe dose and a deadly dose can be very small, depending on the condition of the patient and the drug being administered. Older patients and diabetic patients suffer an alarmingly high rate of medication errors.
Failure to Reconcile Medications
Medication errors also occur when a patient is given two drugs that are not supposed to be given together, or when a patient is allergic to the drugs they are given. Some medications interact dangerously with others. Hospitals are required to maintain careful records and track exactly what medications every patient should receive and does receive, including the dosage and timing of the medication.
Besides these three causes, some of the other common causes of medication errors include:
- Giving the wrong dosing instructions to a patient
- Mislabeling medications
- Providing for the wrong route of administration, such as oral vs. intravenous
- Failing to give medication before the next one is scheduled
- Giving a medication at the wrong time when there has not been enough time since the last dosage
- Incorrectly formulating the medication
An experienced medication error lawyer can investigate your case and determine the type of medication error and how it occurred.
Causes of Medication Errors
Medication errors can occur for various reasons, but some of the biggest reasons are:
- Lack of communication – The healthcare field is often very busy. A patient may go through several different providers, even when working within the same clinic. These providers might fail to communicate about the patient, their medical history,
- Inexperience – Many new nurses and healthcare providers are being hired every day to try to meet the demand for healthcare. New providers may make mistakes due to their inexperience.
- Lack of knowledge – Nurses and other healthcare providers may not understand how a drug works, what it is used for, or how it interacts with other drugs.
- Distraction – Healthcare providers who are distracted may confuse similar-sounding or spelled medications, leading to the wrong medication being administered to the patient.
- Fatigue – Healthcare workers are notoriously overworked. They may work multiple long shifts at a time, which can lead to mistakes caused by exhaustion.
- Incomplete information – The healthcare provider may not have a patient’s full medical history or list of medications they are currently taking.
- Systemic issues – There may be systemic issues that contribute to medication errors, such as mislabeled medications, similar drugs being placed near each other, a failure to account for drugs that can enable drug abuse by providers, and a lack of barcode scanning systems.
- Forgetfulness – A nurse or other healthcare provider may administer medication to a patient and forget about it, so this information might not go into the patient’s record. The next healthcare provider might then provide an unnecessary dosage.
The consequences of these medication errors can be dire and must be prevented. If that is not possible, healthcare providers should be held accountable for their mistakes so others can hopefully be prevented in the future.
Possible Consequences of Medication Errors
The potential consequences of medication errors can vary, depending on the patient’s condition, the type of medication mistake,
- Death
- Coma
- Heart attack
- Stroke
- Brain damage
- Sedation
- Allergic reaction
- Infection
- Internal organ damage
- Dangerous interaction with another drug
Who Is Responsible for Medication Errors?
Many different types of healthcare providers may be responsible for medication errors, including the following:
Doctor
Doctors are responsible for issuing and prescribing medications based on the results of their physical examination, lab tests, and other tests they conduct. They must consider the patient’s symptoms, health history, current medications, and other factors when determining the appropriate type of medication and dosage to prescribe.
Doctors may miscalculate a dosage because they did not have accurate height and weight data, they confused patients, or they failed to take certain factors into account.
In addition to their own negligence, doctors are also responsible for the actions of nurses and other staff in their employ.
Anesthesiologist
Some medication errors occur during a surgical procedure. An anesthesiologist may be appointed to administer medication at certain intervals. If the anesthesiologist prescribes the wrong medication, adverse consequences can occur on the operating table. If they prescribe too much medication, the patient may be sedated when they are supposed to be asleep. If they prescribe too little medication, the patient may wake up prematurely during the procedure.
Nurse
Nurses are often instructed to administer medications to patients in their care. Some medication errors occur because a nurse misunderstands a doctor’s instructions and may give a patient the wrong type or dosage of medication. Other mistakes occur when the nurse fails to give the patient medication on the appropriate schedule.
Pharmacist
Pharmacists sometimes make medication errors by packaging the wrong medication in bottles or confusing customers.
Hospital or Nursing Home
Some patients are unable to take their medication on their own. They may be at hospitals, surgical centers, nursing homes, rehabilitation facilities, or long-term care facilities. Staff may fail to give patients medication at the appropriate times or may confuse one patient’s medications for another. In instances of nursing home abuse, staff members may sometimes overmedicate patients to sedate them.
A Patient’s Rights After Experiencing a Medication Error
If you experienced a medication error, you may have the right to seek compensation for the harm you suffered if you can establish the error is a form of medical malpractice. All healthcare providers are required to provide patients with the appropriate standard of care that another healthcare provider in the same field and area would provide under similar circumstances. Medical malpractice occurs when all of the following are true:
- The healthcare provider owed the patient a duty of care.
- The healthcare provider breached the duty of care.
- The breach of the duty of care caused the medical mistakes.
- You suffered harm as a result of the mistake.
So, under this system, you only have a right to seek compensation from the negligent healthcare provider if the medication error harmed you.
An experienced medication error lawyer can review your case and determine if you have a viable medical malpractice claim.
What Compensation Can I Recover in a Medication Error Case?
The compensation you can recover after a medication error depends on how the medication mistake harmed you. You can seek compensation for the following:
- Additional medical expenses you incurred because of the mistake, such as costs related to having an allergic or adverse reaction to the drug
- Lost wages you incurred because you were seeking medical treatment or recovering from injuries you suffered because of the medication mistake
- Pain and suffering
- Mental anguish and emotional distress
An experienced lawyer can review your case and determine the damages you might be able to seek.
What Can I Expect from a Medication Error Case?
Some patients are hesitant about bringing forth a case of this nature. They worry that they will have to go to court and discuss their private medical information in public. However, most personal injury claims are resolved before any trial is necessary. You may be able to recover a settlement from the healthcare provider’s medical malpractice insurance. Your lawyer can handle your claim for you while you focus on your recovery. If a settlement cannot be reached, filing a lawsuit may be necessary, but even then, the case can still be settled before trial.
What Is the Time Limit to File a Medication Error Case?
Under Illinois’ statute of limitations, victims generally have two years to file a medical malpractice case against the doctor, nurse, hospital, or other negligent healthcare provider. This deadline begins to tick from the date the patient discovered or reasonably should have discovered their injuries or that the injuries were due to medical malpractice. However, the patient has a maximum of four years from the date of receiving medical treatment to file a lawsuit against the negligent party, regardless of when they discovered the error. There are some exceptions to the time limit, so it’s important to contact an experienced lawyer to learn what the deadline is in your case.
How Medication Errors Should Be Prevented
All members of the healthcare team, including the patient, can take steps to prevent medication errors. Here are some ways medication errors can be prevented:
Ask and Answer Questions
Each healthcare provider the patient interacts with should be familiar with the patient, their medical history, and their current list of medications. Patients should be prepared to provide information about the following:
- Name
- Age
- Date of birth
- Height
- Weight
- Vital signs
- Family history
- Previous health conditions
- Allergies
- The current medications they are taking
Patients can also ask questions to ensure they understand their doctor’s orders related to medication, such as:
- What is the name of the medication?
- What condition is the medication for?
- What does the medication do?
- What is the dosage?
- How often do I need to take the medication?
- How do I take the medication?
- Does the medication have any adverse reactions with any other medications I’m taking?
- Should I take the medication if I’m pregnant or nursing?
- Do I need to refrigerate the medication?
Additional steps patients can take to prevent medication errors include:
- Check the label of each medication before taking it.
- Keep medications in their original containers.
- Keep an updated list of all medications they take and how often they take them and check this list each time you take medication.
- Read the directions before you start taking a new medication.
Understand the Drug
Nurses must be familiar with the latest information about drugs and their possible side effects. If a nurse or other staff member is concerned about a particular drug, they should bring up these concerns to their supervisor.
Communicate About the Medication
A common cause of medication errors is a breakdown in communication between healthcare providers. Doctors, nurses, pharmacists, and other healthcare workers may fail to communicate about the patient, recent test results, previous medical history, or prescribed medications, leading to preventable injuries.
Check High Alert Medications
Some medications can have such serious consequences that they are considered “high alert” medications. If these medications are not administered properly, results can be fatal or catastrophic. Healthcare professionals should clearly communicate about and double-check any high-alert medications before administering them.
Document Medication Administration
One of the best ways to prevent medication errors is to document each dosage. The patient and healthcare provider can keep contemporaneous records regarding:
- The name of each medication the patient takes
- The dosage
- The timing of the dosage
- The form of administration
- Their response to the medication
Correct Problems
If healthcare providers notice problems or mistakes, they should take steps to alert their supervisors to try to prevent future medication errors. Using a barcoding system may also prevent mistakes from occurring.
Seek Lawyers Experienced In Medical Cases
Our experienced lawyers understand medical terminology, appropriate standards of care and the issues that often accompany medical negligence. We have the resources and skill to help you obtain maximum compensation in medication error situations. We have an exceptional track record of verdicts and settlements in personal injury and wrongful death cases.
If you or a loved one was the victim of a medication error, call 866-693-3806 or contact us online to schedule a free initial consultation. We represent clients throughout Chicago and all of Illinois.
