When is a Medication Error Medical Malpractice?

Prescription medications are widely used across the United States with almost one-third of adults taking more than five medications. While many do experience improved health with prescription medication, a medication error can cause harm to a patient called an adverse drug event (ADE). An ADE is defined as harm experienced by a patient as a result of exposure to a medication. ADEs account for almost 700,000 emergency department visits and 100,000 hospitalizations each year. They also affect almost five percent of hospitalized patients, making them one of the most common types of inpatient errors. Transitions in care are also known to increase risk of medication error and preventable harm to patients.

Medical malpractice occurs when a medical professional acts negligently by not exercising the degree of care and skill of a competent health care provider in their specialty; allowing for advances in the profession and resources available to the provider. When a medical professional makes a medication error it can be deemed medical malpractice depending on the circumstances.

If you believe that you were the victim of a medication error that caused direct harm please contact an experienced medical malpractice attorney right away. He or she will review the facts of your case and determine a course of action to recoup damages if possible.

When is a medication error medical malpractice?

There are a number of people along the medical chain that can make a medication error that leads to medical malpractice. The chain includes the manufacturer who bottles the medication, the physician who prescribes the medicine, the nurse who administers the medication and the pharmacist who fills the prescription.

Poor penmanship

If a pharmacist misreads a prescription because of poor penmanship and dispenses the wrong medication, the physician or nurse can be held liable for their bad handwriting. This scenario is decreasing, however, as many offices are now using electronic prescriptions sent directly to the pharmacy.

Mislabeling

A manufacturer or pharmacist can be held liable for mislabeling a medication because it leads to the patient receiving the wrong medication or wrong dosage. Note that a manufacturer error would generally lead to a products liability lawsuit instead of a medical malpractice case.

A prescription drug or other medication error can lead to medical malpractice in a number of different scenarios including:

• When a patient is given the wrong medication
• When a patient is given the wrong dosage of medication (too much or too little)
• When medication is administered incorrectly
• When medication is mislabeled
• When a physician prescribes medication that the patient is allergic to
• When a physician prescribes medication that interacts negatively with other medications that the patient is taking
• When a pharmacist fails to warn the patient of the common side effects of the medication

If you are having a bad reaction to a medication prescribed to you, contact your physician and pharmacist immediately and follow their instructions. The consequences of a prescription drug error can be very serious.

The Seattle personal injury attorneys at Morrow Kidman Tinker Macey-Cushman, PLLC have years of experience representing families harmed by medical malpractice. We seek justice for patients who have been harmed by preventable medical errors including birth injuries, hospital-acquired infections and wrongful death in Seattle and across Washington State. There are no fees or expenses to file a personal injury case as we only receive payment if we recover damages on your behalf. Do not delay; personal injury claims come with a Statute of Limitations, which means they must be filed within a certain time frame of the injury.

Call us now at (206) 752-4366 or contact us online to schedule a free consultation with one of our compassionate, experienced attorneys.