Pennsylvania Medical Malpractice — Medication Errors

In the realm of healthcare, medication errors can lead to devastating consequences for patients and their families. Unfortunately, cases of medical malpractice involving medication errors are not uncommon—they are the most preventable reason why patients suffer harm.

The emotional impact of these errors can overwhelm patients who trust healthcare professionals to provide appropriate and accurate treatment. If a medication error injures you or a loved one, seek legal help to hold the responsible parties accountable and obtain the compensation you deserve.

Contact a Pennsylvania medication error attorney near you today to discuss your options and protect your rights—the consultation is free, so don’t wait.

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Table of Contents

• Types of Medication Errors That Can Happen in Pennsylvania
• Why Medication Errors Happen (Negligence Is the Common Thread)
• Who Is Liable for a Medication Error?
• Pennsylvania’s Troubled History With Prescription Medications
• How Medication Errors Affect the Victim
• How a Lawyer Can Help the Victim of a Medication Error
• Call a Pennsylvania Medical Malpractice — Medication Errors Attorney

Types of Medication Errors That Can Happen in Pennsylvania

Medication errors occur when a mistake in prescribing, dispensing, or administering medication harms the patient.

These errors can take various forms, including:

• Failure to warn: If you feel a medical provider did not adequately warn you about the risks of a medication or did not properly research your medical history, they may have caused you harm.
• Prescribing errors: This can happen when the wrong medication is prescribed, the dosage is incorrect, or the medication is contraindicated due to the patient’s medical history or current conditions.
• Dispensing errors: These errors occur when a pharmacist or pharmacy technician dispenses the wrong medication or dosage to the patient.
• Administration errors: When healthcare professionals administer the wrong medication or the wrong dosage to the patient, it can result in serious harm or even death.
• Monitoring errors: This type of error occurs when healthcare providers fail to adequately monitor patients’ response to medication, leading to adverse effects or lack of therapeutic benefit.

If you believe any other type of medication error caused you or a loved one to suffer an adverse drug event (ADE), do not wait to speak with a Pennsylvania medical malpractice attorney about your case.

Why Medication Errors Happen (Negligence Is the Common Thread)

One definition of a medication error is “any preventable event that may cause or lead to inappropriate medication use or patient harm.” Speak with an experienced attorney if a medication harmed you or a loved one in any way.

Medication errors can happen due to:

• Miscommunication: Poor communication between healthcare professionals, such as misinterpretation of handwritten prescriptions or failure to relay important information, can lead to medication errors.
• Lack of training: Inadequate training or lack of knowledge about specific medications can contribute to errors in prescribing, dispensing, or administering medication.
• Impairment, fatigue, or stress: Healthcare professionals who are overworked or fatigued are more prone to making mistakes, including medication errors.
• System errors: Flaws in medication management systems, such as confusing labeling or faulty technology, can increase the risk of medication errors.
• Inadequate patient education (or failure to warn): Patients who do not receive proper instructions or information about their medications may unintentionally misuse them, leading to adverse effects.

Medication errors are preventable and should not be considered as simply an unfortunate circumstance. These errors almost always result from negligence. Allow your medical malpractice attorney to determine whose negligence has harmed you and who should pay for your damages.

Who Is Liable for a Medication Error?

Multiple parties may be responsible for the medication error that has caused you so much harm, and those parties may include:

Doctors and Prescribing Physicians

Medication errors can happen when doctors and prescribing physicians:

• Order prescriptions: If a doctor prescribes the wrong medication or an incorrect dosage
• Fail to review patient history: Prescribing medication that interacts dangerously with a patient’s existing medications or allergies
• Misdiagnose a condition (and then prescribe an unnecessary or dangerous medication): Prescribing medication for the wrong condition due to an incorrect diagnosis

Your attorney will evaluate all of your medical providers’ actions and determine if they endangered you.

Pharmacists and Pharmacies

Pharmaceutical professionals can commit a medication error when they:

• Dispense the wrong medication: Giving a patient the incorrect drug due to a labeling or packaging mistake.
• Provide incorrect dosage instructions: Failing to include accurate directions for how to take the medication.
• Fail to catch dangerous interactions: Not reviewing the patient’s prescriptions for potential conflicts with other medications

Medical malpractice lawyers understand these professionals’ duties to protect patients.

Nurses and Hospital Staff

Your attorney will examine every link in your chain of care to determine who caused your medication error.

They may find that a nurse or other hospital staffer administered the wrong medication, gave you the incorrect drug, deviated from the prescribed treatment plan, misinterpreted medication instructions, or failed you in another way.

Hospitals and Medical Facilities

A hospital or medical facility can face liability for:

• A lack of proper training: Failing to ensure that staff members are adequately trained in medication safety protocols
• Inadequate staffing: Overworked medical staff making errors due to fatigue or miscommunication
• Failure to enforce safety procedures: Not implementing systems to prevent medication mix-ups
• Any other errors that contributed to your medication error

Your lawyer will follow the evidence. They will identify any individual or institution whose negligence has caused you to suffer harm.

Pharmaceutical Companies

You can hold the manufacturer of a drug liable for:

• Defective or contaminated drugs
• Mislabeling or packaging errors
• Failure to warn of side effects

These are just a few parties you can hold liable for a medication error. Your attorney will identify all of the parties responsible for your medication error.

Pennsylvania’s Troubled History With Prescription Medications

The opioid epidemic is the “number one public health and public safety challenge facing Pennsylvania.”

• Drug manufacturers and medical providers must know what harms their medications can cause
• Everyone involved in the manufacture and administration of medications must make patient safety the most important consideration

Ignorance is no defense for those responsible for medication errors.

How Medication Errors Affect the Victim

The impact of medication errors can be severe, affecting the victim’s physical health, emotional well-being, and overall quality of life. Some of the challenges you might face are:

Physical Consequences

The most immediate and noticeable effect of medication errors is the potential harm to the victim’s physical health, which may include:

• Worsening of medical conditions: Taking the wrong medication or incorrect dosages can exacerbate existing health problems, delaying recovery or causing more severe complications
• Allergic reactions: Administering the wrong drug or one the patient is allergic to can trigger severe allergic reactions, including anaphylaxis, which may require immediate medical intervention
• Drug toxicity: Taking too much of a medication, or a harmful combination of drugs, can lead to toxicity, damaging organs like the liver or kidneys and sometimes resulting in long-term health issues or death
• Physical disabilities: Some medication errors can cause permanent damage, such as nerve damage or cognitive impairments, which might lead to lifelong physical disabilities

You may also suffer physical pain from an adverse reaction to a medication.

Emotional and Psychological Harm

Beyond the physical consequences, medication errors can have a profound emotional and psychological effect on victims.

The trauma and distress caused by an error in their treatment can lead to:

• Anxiety and fear: Victims often experience anxiety about their health, wondering if their condition will worsen or if they will face future health complications due to the error
• Depression: The physical pain and the frustration of dealing with a preventable medical mistake can lead to depression, especially if the error results in long-term health issues or permanent damage
• Loss of trust in healthcare providers: Medication errors can erode the victim’s trust in their healthcare team, leading to hesitancy in seeking medical care in the future. This lack of trust can delay necessary treatment and worsen their health outcomes

Losing trust in the medical system can be especially insidious. You might be hesitant to get future medical treatment, and this can lead to serious medical problems going untreated.

Financial Harm

The financial implications of medication errors can add another layer of stress to victims and their families.

These implications can include:

• Medical expenses: Victims may incur costs for corrective treatments, hospital stays, extended care, or rehabilitation resulting from the error
• Loss of income: If the medication error leads to a long recovery period or permanent disability, the victim may be unable to work, resulting in lost income and reduced earning capacity
• Long-term care needs: Some victims may require long-term care, which can be costly and affect the victim’s financial stability, especially if the error caused permanent damage

If a medication error disabled you, your attorney will identify any added harm resulting from the disability. An attorney can also represent you if a loved one died because of a medication error.

How a Lawyer Can Help the Victim of a Medication Error

A lawyer who handles medical malpractice or pharmaceutical negligence cases can play an important role in helping you seek justice and compensation, including by:

Investigating the Medication Error

Your lawyer’s investigation may involve:

• Reviewing medical records
• Examining prescriptions and pharmacy records
• Consulting medical experts
• Gathering evidence of negligence

The investigation should uncover both information and evidence that has direct value to your case.

Identifying All Liable Parties

Your medical malpractice lawyer will analyze the details of your medication error, relevant insurance policies, and other relevant information to determine who you can hold accountable for your damages.

Proving That Negligence Caused the Error

To win a medication error case, a lawyer must prove that:

• A healthcare provider has a duty of care to you
• They breached that duty by making a mistake or knowingly endangering you
• The error directly caused you harm
• You suffered damages such as medical expenses, lost income, pain, and suffering because of the mistake

By presenting strong evidence, a medical malpractice lawyer can demonstrate how negligence led to the victim’s injuries.

Demanding Maximum Compensation for Damages

Victims of medication errors may be entitled to compensation for all of their damages. Your attorney will document all of your economic and non-economic harm so they can confidently demand the settlement you deserve.

Filing a Lawsuit and Representing You in Court, If Necessary

Seeking a settlement is typically Plan A for medical malpractice attorneys.

Plan B may need to follow:

• File a lawsuit against the responsible party
• Present evidence before a judge or jury to prove negligence
• Advocate for maximum compensation based on the severity of the harm caused

Your lawyer will also protect your rights throughout your case. There is a good chance your attorney will be dealing with one or more insurance companies, and those companies may not handle your case in good faith.

If liable parties deny liability, offer you low settlement amounts, delay the claims process, or engage in other bad faith, your lawyer will demand they change their tact.

Call a Pennsylvania Medical Malpractice — Medication Errors Attorney

Cheryl Penrod, Pennsylvania Medical Malpractice Lawyer

If you or a loved one has suffered from medical malpractice involving medication errors in Pennsylvania, don’t hesitate to seek legal help. Contact an attorney near you today to evaluate your case and explore your legal options.

An experienced attorney can guide you through the process, help you understand your rights, and fight for the compensation you deserve.

Remember, time is of the essence. Statutes of limitations apply to medical malpractice cases, so act promptly. Don’t let a medication error disrupt your life without seeking justice. Consult an attorney today and take the first step toward obtaining the compensation you deserve.

Pribanic & Pribanic – Pittsburgh, PA Office

513 Court Pl,
Pittsburgh, PA 15219,

Phone: (412) 281-8844