Patients rely on doctors, nurses, pharmacists, hospitals and other healthcare professionals to prescribe and administer medications safely. Although many medications improve or save lives, a mistake involving the wrong drug, dosage, patient or method of administration can cause serious and sometimes permanent harm.
Medication errors can occur in hospitals, doctors’ offices, pharmacies, nursing homes, outpatient facilities and even during transitions from one healthcare setting to another. The Agency for Healthcare Research and Quality notes that medical errors may happen throughout the healthcare system and can involve medications, diagnoses, surgeries, equipment and laboratory reports.
When a preventable medication error results from a healthcare professional’s negligence, the injured patient may have grounds for an Illinois medical malpractice claim.
What Is a Medication Error?
The U.S. Food and Drug Administration describes a medication error as a preventable event that may cause inappropriate medication use or patient harm while the medication is under the control of a healthcare professional, patient or consumer. However, not every unexpected side effect or negative reaction is necessarily a medication error. A medication may cause an adverse reaction even when it was prescribed and administered correctly.
Medication errors may occur during any stage of the medication process, including:
- Prescribing the medication
- Entering or communicating the prescription
- Preparing or dispensing the medication
- Administering the drug
- Monitoring the patient’s response
- Providing instructions to the patient
An error at any one of these stages may reach the patient and cause significant harm.
Common Types of Medication Errors
Medication mistakes can take many forms. Some of the most common include:
Prescribing the Wrong Medication
A doctor may prescribe the wrong drug because of a misdiagnosis, confusion between similarly named medications, an incomplete review of the patient’s medical history or a failure to consider other medications the patient is already taking.
Administering the Wrong Dosage
A patient may receive too much or too little medication because of a calculation error, an incorrectly entered prescription, a mislabeled product or a healthcare provider’s failure to confirm the ordered dose.
Dosage errors can be especially dangerous when medications have a narrow range between an effective dose and a harmful one.
Giving Medication to the Wrong Patient
Hospitals, nursing homes and other healthcare facilities must use appropriate procedures to confirm a patient’s identity before administering medication. Failing to verify the patient may result in someone receiving a drug intended for another person.
Failing to Consider Allergies or Drug Interactions
Healthcare professionals should review known allergies, current prescriptions and relevant medical conditions before prescribing or administering medication. A failure to identify a dangerous interaction or documented allergy may expose the patient to severe complications.
Using the Wrong Route or Method of Administration
Some medications must be taken orally, injected, applied topically or administered intravenously. Giving the correct medication through the wrong route may change how quickly it enters the body and can lead to serious injury.
Failing to Monitor the Patient
Certain medications require follow-up examinations, blood tests or other monitoring. A healthcare provider’s failure to recognize signs of toxicity, internal bleeding, organ damage or another dangerous reaction may allow a manageable complication to become much worse.
Pharmacy and Labeling Errors
A pharmacist may dispense the wrong medication, use an incorrect label, provide the wrong strength or fail to include appropriate instructions. Mistakes may also occur when drug names, packaging or labels look or sound alike.
How Medication Errors Can Harm Patients
The effects of a medication error depend on the drug involved, the dosage, the patient’s medical condition and how quickly the mistake is discovered.
Potential injuries may include:
- Allergic reactions or anaphylaxis
- Internal bleeding
- Organ damage
- Respiratory distress
- Dangerous changes in blood pressure
- Abnormal heart rhythms
- Overdose
- Seizures
- Worsening of the underlying illness
- The need for emergency treatment or hospitalization
- Permanent disability
- Death
Some patients recover after receiving corrective treatment. Others may face lasting health problems, additional medical procedures, an inability to work or the need for ongoing care.
When Does a Medication Error Become Medical Malpractice?
A poor outcome does not automatically mean medical malpractice occurred. Medications can produce complications even when healthcare professionals follow the appropriate standard of care.
A medication error may support a malpractice claim when a healthcare professional failed to act as a reasonably careful provider would have acted under similar circumstances and that failure caused the patient’s injury.
A medical malpractice claim involving a medication error generally requires evidence establishing the following elements:
A Provider-Patient Relationship Existed
The healthcare provider must have owed the patient a professional duty of care. This relationship commonly exists when a doctor, nurse, pharmacist, hospital or other provider undertakes responsibility for the patient’s treatment or medication.
The Provider Breached the Standard of Care
The injured patient must show that the provider’s conduct fell below the accepted professional standard of care.
Examples may include:
- Prescribing a drug despite a clearly documented allergy
- Failing to review potentially dangerous interactions
- Administering an incorrect dosage
- Dispensing the wrong medication
- Failing to confirm the patient’s identity
- Ignoring laboratory results that indicated medication toxicity
- Failing to respond to signs of a serious adverse reaction
Whether a provider breached the standard of care frequently depends on testimony and analysis from qualified medical professionals.
The Error Caused the Patient’s Injury
It is not enough to show that an error occurred. The patient must also establish a connection between the provider’s mistake and the resulting injury.
For example, a patient may need to demonstrate that an incorrect dosage caused organ damage, that a dangerous drug interaction led to hospitalization or that the failure to administer necessary medication allowed an existing condition to worsen.
The Patient Suffered Damages
The medication error must have caused measurable harm. Recoverable damages may include:
- Past and future medical expenses
- Lost income
- Reduced earning capacity
- Pain and suffering
- Disability
- Disfigurement
- Loss of a normal life
- Other losses resulting from the injury
When a medication error causes a patient’s death, surviving family members may have the right to pursue a wrongful death claim.
Who May Be Responsible for a Medication Error?
Medication errors are not always caused by one person. Depending on how the mistake occurred, potentially responsible parties may include:
- Physicians
- Nurses
- Pharmacists
- Hospitals
- Clinics
- Nursing homes
- Medical practices
- Pharmacy companies
- Other healthcare organizations
For example, a doctor may write the wrong prescription, a pharmacy may dispense the wrong medication or a hospital may lack adequate procedures for checking patient identities and dosages.
A careful investigation may be necessary to determine where the error occurred and which individuals or organizations may be legally responsible.
Evidence That May Be Important in a Medication-Error Claim
Medical malpractice cases are highly dependent on documentation. Evidence may include:
- Medical records
- Prescription orders
- Pharmacy records
- Medication administration records
- Laboratory results
- Hospital policies and procedures
- Medication packaging and labels
- Communications between healthcare providers
- Witness statements
- Expert medical opinions
Patients should consider keeping the medication bottle, packaging, written instructions, receipts and any paperwork connected to the prescription. They should also document their symptoms, follow-up treatment and the ways the injury has affected their daily lives.
Illinois law generally requires a medical malpractice complaint to be supported by an affidavit concerning consultation with a qualified healthcare professional. This is one reason it is important to have a potential claim reviewed by an attorney familiar with Illinois medical malpractice requirements.
What Should You Do After a Suspected Medication Error?
A patient who believes a medication error has occurred should prioritize immediate medical care. Depending on the circumstances, appropriate steps may include:
- Seeking emergency treatment for serious or worsening symptoms.
- Telling the treating provider exactly what medication was taken and when.
- Asking a doctor or pharmacist to identify the medication and dosage involved.
- Preserving the medication, container, label and written instructions.
- Requesting copies of relevant medical and pharmacy records.
- Writing down what happened while the details are still fresh.
- Avoiding changes to prescribed medications without first consulting a qualified healthcare professional.
- Speaking with an experienced medical malpractice attorney.
Patients should not assume that a hospital, doctor’s office or pharmacy will automatically preserve every relevant record. An attorney can take steps to investigate the incident and protect evidence that may be important to the claim.
Contact Wise Law Offices
If you or a loved one suffered harm because of a medication error, you may be entitled to pursue compensation through a medical malpractice claim.
The experienced attorneys at Wise Law Offices can review the circumstances surrounding the medication mistake, consult with appropriate medical professionals, identify the parties that may be responsible and determine whether the care provided fell below the accepted standard.
When medical negligence causes serious harm, Wise Law Offices can fight to recover compensation for medical expenses, lost income, pain and suffering, disability and other damages resulting from the injury.
Call Wise Law Offices today at (312) 261-6193 for a free consultation or contact us online to discuss your case.
Learn More
Practice Area: Medical Malpractice
Success Stories: Medical Malpractice
Disclaimer: The information provided in this blog post is for general educational and informational purposes only and should not be construed as legal advice. Every legal matter is unique, and the information contained herein may not apply to your specific circumstances. Reading this blog does not create an attorney-client relationship between you and Wise Law Offices. If you have questions about a personal injury, medical malpractice, wrongful death, or other legal matter, you should consult with a qualified attorney to discuss the facts of your case.