Pharmacy Error Injury Lawyer Blog

In prior posts concerning Maryland medication mistakes, the attorneys at Lebowitz & Mzhen, LLC have discussed how computerized health records help doctors and pharmacists eliminate medication errors.

Today, Governor Martin O’Malley, signed a bill that is designed to increase the speed with which Maryland doctors implement electronic patient records. The new law hopes to reduce the high costs that doctors must pay to implement electronic patient records systems by requiring private insurance companies to give physicians financial incentives to implement electronic patient records. Under the law, after a doctor implements a computerized records system, insurance companies may offer the doctor increased reimbursements for procedures they perform, a lump sum payment, or some other monetary advance. Additionally, under the new law, the state will fine physicians who have not adopted a computerized records system by 2015.

Since 2003, Maryland has been on the cutting edge of the movement towards computerized patient records. In that year, The Montgomery County Health Information Exchange Collaborative began a pilot program that linked community hospitals, the county’s health department, and area health clinics. The link allowed participating health care providers to easily access patient records.

The program developers believed that their medical information network would have the greatest impact on the county’s poorer citizens and those without health insurance. These individuals generally receive care in a number of different locations, and often times, the facilities do not share vital patient information. The link allowed the facilities to share patient information and reduce the risk of medication errors.

Maryland medication mistake attorneys will review the impact this law has on patient safety, and the state’s progress towards completely computerized patient records.

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Posted In: Health Care Technology , Patient Safety , Pharmacy Legislation

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According to researchers, the results of a recent international study demonstrate that patients receiving injected medicines are at a higher risk of medication mistakes. Researchers determined that oral or written miscommunication were the root cause of 24% of all errors, and that health care workers confused drug names in 18% of the cases.

Researchers in the study observed patients in Intensive Care Units in 27 countries, including two in the United States, and found that 20% of patients experienced at least one error and 14% experienced more than one injected medication mistake. Fifteen errors caused either permanent injury or death of the patient involved.

Overall, researchers concluded that patients with more serious illness were at a higher risk for injuries caused by these mistakes. Maryland medication mistake attorneys believe that the results of this research demonstrate the importance of patients having a family member act as their advocate during an extended hospital stay. In addition to questioning doctors, the advocate should pay particular attention to the medications prescribed to the patient and attempt to make sure that health care workers administer the medications at the proper times and in proper dosages.

Continue reading "Patient Safety Alert: Medication Mistakes with Injected Medicines Are Frequent " »

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In prior posts, Maryland medication mistake attorneys have asked our readers to question their doctors before taking prescription medications. Proactive patients are better able to notice potential medication mistakes before they occur and are less likely to suffer injuries.

The Agency for Healthcare Research and Quality (“AHRQ”), a part of the U.S. Department of Health & Human Services, has noted the substantial impact medication mistakes have on patients and the country as a whole. On itswebsite, the AHRQ quotes a report from the Institute of Medicine (“IOM”) which found that medication mistakes kill from 44,000 to 98,000 people each year. The report also indicated that medical mistakes cost the country approximately $17 billion each year in increased health care costs.

In order to help reduce medication mistakes, the AHRQ has developed a national ad campaign to encourage Americans to take a more active role in their health care by asking critical questions of their doctors, nurses, and pharmacists. The program drives home the point that Americans typically ask more questions of a cellular phone salesperson than they do of their physicians. The campaign’s website provides a top ten list of critical questions patients should ask their health care providers during appointments. Additionally, the website also has a “Question Builder” that allows readers to develop their own personalized list of questions.

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In Maryland, doctors, lawyers, and other professionals are overseen by others who ensure that they follow the rules that guide the performance of their professions. These oversight bodies are designed, primarily, to protect consumers from unprofessional or incompetent professionals. In Maryland, the Maryland Board of Physicians (“Board”) oversees doctors and is responsible for disciplining doctors who fail to meet the standards of competent professional conduct. Maryland medication mistake attorneys believe that if bodies such as the Board fail to fulfill their supervisory roles, consumers are placed in risk of serious financial and physical harm.

A recent study by a consumer advocacy group, Public Citizen, found that the Board is among the nation’s worst in disciplining doctors with a rank of 45 out of 50. The watchdog group publishes an annual ranking of state medical boards and found that overall, the rate of disciplinary actions decreased 21.5% since 2004. According to Public Citizen, these findings are troubling and seem to indicate that “many states are not living up to their obligations to protect patients from bad doctors.”

A case heard by the Board seems to validate the Board’s ranking and raises troubling questions about how effectively the Board protects patients in Maryland from medical mistakes made by doctors.

According to the public records of the Board, Brian M. Levin, M.D. is an urologist based on Westminster, Maryland and in 2006, Dr. Levin treated a patient with a cancerous lesion on his left kidney. The doctor concluded that the patient needed to have the cancerous left kidney removed. On March 29, 2006, Dr. Levin took the patient into surgery and removed the patient’s healthy right kidney. After Dr. Levin realized his mistake, he hid the mistake from the patient and the hospital. In fact, when the patient’s wife contacted the doctor to express concern that the doctor removed the wrong kidney, Levin continued to conceal his malpractice. Finally, another physician treating the patient notified the hospital and the patient of the error and the Board began sanction proceedings against Levin.

The Board heard evidence how Levin removed a patient’s only healthy kidney, lied about the error, actively tried to conceal the fact from discovery and put the patient at risk for serious medical complications. Despite the doctor’s deceptive and dangerous conduct, the Board concluded that the doctor’s actions warranted only a public reprimand that allows the physician to continue practicing medicine in Maryland.

External Links

Article from the Maryland Daily Record

Continue reading "Maryland’s Poor Physician Discipline Puts Patients in Danger of Serious Injuries" »

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In a prior post, the attorneys at Lebowitz & Mzhen, LLC have discussed Maryland’s statutory cap on non-economic damages and how this limitation impacts Maryland injury victims. A recent court decision, however, has drawn attention to Maryland’s limit on non-economic damages in certain medical malpractice cases.

In Semsker v. Lockshin, a jury found a Silver Spring dermatologist and his practice group liable for the death of Richard Semsker. In 2004, Dr. Lockshin’s office treated Semsker for boils on his back and conducted a full body examination for other possible skin issues. During the examination, Lockshin’s associate, Michael Albert, M.D., noted two cysts and an abnormal mole on Semsker’s lower back. Dr. Albert removed the boil and two cysts. However, the dermatologist did not excise the abnormal mole and recommended monitoring only. Over the next two years, the abnormal mole became cancerous and the cancer spread throughout Semsker’s body, and he died at the age of 47, in October 2007. The family later sued the Dr. Albert, and his practice group.

The jury awarded Semsker’s wife and children over $5.8 million in damages, including $3 million in compensation for the family’s mental anguish. Under the state’s limitation on non-economic damages, the $3 million award for pain and suffering would have been reduced to $812,500. However, Judge John W. Deblius III of Montgomery County refused to apply the cap to the Semskers’ damages award. Judge Deblius ruled that the cap did not apply to medical malpractice cases in which the parties did not first attempt arbitration.

The statutory limitation on damages, particularly in Maryland medical malpractice cases, only help insurance companies increase profits and do not make patients in Maryland safer or reduce health care costs. Maryland medication mistake attorneys hope that other Maryland judges will adopt Judge Deblius’ interpretation of the statute in order to allow medical malpractice victims to get the full and fair compensation for the injuries they sustain.

External Links
Maryland Daily Record

Associated Press

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In a recent study, researchers found that improper dosages account for nearly 40% of medication errors. Additionally, researchers found that poor communication between health care professionals was the underlying cause of 15.8% of prescription errors. I read an article about an interesting piece of new technology that helps improve dose accuracy and communication between care providers.

The Intellidot Corporation has released the wireless IntelliDot Bedside Medication Administration (“IntelliDot BMA”) which will help eliminate hospital medication errors. The handheld device reads a barcode attached a patient’s wrist and provides the health care professional with all of the patient’s relevant health information. At an instant, a nurse or doctor will know all of the patient’s prescriptions, their required dosages, and the proper way to administer the medication. Additionally, in a hospital equipped with a computerized pharmacy, a doctor can electronically submit a prescription to the hospital’s pharmacy, and the pharmacy can transmit the prescription along with administration instructions to the IntelliDot BMA. Under this system, a hospital can eliminate the need for handwritten prescriptions and therefore greatly reduce the risk of errors caused by a physician’s poor handwriting or the use of improper medication abbreviations.

Continue reading "New Technology: Handheld Device May Help Reduce Hospital Medication Errors" »

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Posted In: Advances in Patient Safety , Health Care Technology , Patient Safety

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In earlier posts, Maryland medication error attorneys at Lebowitz & Mzhen, LLC have suggested that our readers always provide their health care providers with a full list of the prescription and over the counter medications they are currently taking.

The Institute of Safe Medication Practices (“ISMP”) has published a Universal Medication Form for patients to give to their doctors and pharmacists at each visit. On the form, a person can list their medication allergies, their immunizations, their current medications, the strength of their medications, and the frequency with which they take each prescription.

In order to avoid harmful drug interactions that can cause serious injuries or death, please take the time to accurately fill out this form or a similar one and bring it with them to all pharmacy, doctor, or hospital visits.

Continue reading "Universal Medication Form May Help Reduce the Risk of Injuries From Dangerous Prescription Interactions" »

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The medication error attorneys at Lebowitz and Mzhen, LLC are proud to have represented members of this country’s armed forces and their families in a variety of legal matters. In addition to the stresses that come with being a member of the military, soldiers and their families also have to be concerned about the risk of injury from medication errors.

The United States Army is comprised of 675,000 active duty soldiers. Army health centers are responsible for providing medical care to active duty personnel, their dependants, and a substantial population of veterans and their families. As a result, busy Army health facilities, including pharmacies, face the same risk of committing medication errors as their civilian counterparts.

The DeWitt Health Care Network serves 150,000 people in the Fort Belvoir Army community and is taking steps to reduce the risk of injuries from medication errors. Major Lela C. King, Chief of Pharmacy, reported that the network has given its patients pocket-sized medication cards that contain patient allergies, prescriptions, and other vital health information. These cards will reduce the risk of dangerous a physician prescribing a medication that interacts with one the patient is already taking.

Additionally, Major King has overseen the installation of digital patient records software and hardware in Dewitt facilities. According to Major King, the Army has recognized that such electronic health information can “decrease the number of medication errors made at the pharmacy by 70 percent.”

Continue reading "U.S. Army Uses Electronic Health Records To Help Reduce Medication Errors" »

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The Food and Drug Administration is taking steps to warn consumers about potential drug side effects. The Maryland Pharmacists Association reports that sometime this year, the FDA will require all prescriptions to include a “side effects statement” that lists all of a drug’s potential side effects. The proposed labeling could appear on prescription containers and will advise patients to contact their health care provider and the FDA if they experience drug side effects.

Many of these side effects initially may be as minor as a runny nose or muscle stiffness. However, many of these insignificant annoyances can develop into more serious health concerns if a patient continues taking the prescription. To prevent more serious side effects, a patient should recognize any less serious side effects that might occur first and immediately contact their doctors. However, in order to take action, a patient has to know all of a drug’s potential side effects.

Listen to any radio or television commercial for the newest “wonder drug” and you’ll be shocked by the long list of potential side effects that the announcer speed reads before the commercial ends. Maryland medication error attorneys urge our readers to consult their physicians before taking medications so that they know a drug’s potential side effects.

Continue reading "Side Effect Labels on Prescription Bottles May Help Reduce Injuries " »

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Sometime ago, we posted an article on our Maryland truck accident blog that highlighted some of the steps accident victims should take if they are victims of a Maryland truck accident. Our Maryland pharmacy error attorneys have prepared a similar list to help our readers reduce their risk of injury caused by medication errors. We suggest that our readers do the following:
1. When you are given a prescription at the pharmacy, check the label very carefully especially checking the name of the medication and dosage;
2. if the prescription is a refill, examine the pills to ensure that they look like the pills from the prior prescription;
3. List all of your over the counter and prescription medicines and take this list to your health care provider and ask him or her to review it for dangerous interactions;
4. Know the name (generic or brand name) of your medicines and the directions for their proper use;
5. Know that you have a right to counseling provided by your pharmacist if you have questions. During these counseling sessions, you can have your pharmacist explain how to take the medications and warn you about potential side effects;
6. Request written dosage directions from your doctor or pharmacist, and make sure you understand them before you leave the office or pharmacy;
7. Ask about your drugs’ potential side effects and what to do if you experience one or more of those symptoms;
8. When in a hospital, ask what drugs the nurses and doctors administer to you;
9. Take advantage of your right to have a family member present to ask questions of your doctor or pharmacist.

Our attorneys believe these steps will help our readers and their loved ones reduce their risk of medication error injuries.

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Posted In: Errors in local pharmacies , Hospital Pharmacy Errors , Patient Safety

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The medication error attorneys at Lebowitz & Mzhen, LLC recently learned that the Food and Drug Administration has warned consumers who use medicated skin patches to remove those patches before going through a MRI scan. According to the FDA, some patches contain metal which may heat up during an MRI and burn the patient’s skin. The FDA warns that the metal in many of these patches may not be visible to the patient and not all transdermal patches that contain metal have patient warnings printed on the box. The FDA is currently reviewing the labeling requirements to ensure that patients are adequately warned of this new danger.

Until this review is complete, the FDA suggests that patients who use medicated patches do the following:
• Before undergoing an MRI scan, tell your doctor that you are using a patch and why you are using it;
• Ask your doctor for counsel regarding whether to remove the patch before the scan, and whether to replace it after the procedure;
• Tell the MRI technician that you are using a patch. The FDA suggests that you do this when making the appointment and again when you arrive at the MRI facility.

Transdermal patches deliver medication slowly through a patient’s skin. When most people think of patches that deliver medication through the skin, they immediately think of the nicotine patch. However, in the years since the development of the nicotine patch, the drug industry has developed a number of other medications that are effectively administered through the skin. For example, to treat angina many doctors direct their patients to wear nitroglycerin patches. Some women going through menopause also use patches that deliver hormones into their system, and doctors can prescribe Clonidine patches to patients with high blood pressure.

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Recently, my father attempted to relive his glory days on the football field with unfortunate results. While attempting to imitate some of the great wide receivers of his day, he ruptured his Achilles tendon and required surgery. I accompanied him to one of his follow up visits to his doctor’s office and was surprised to see the level of technology the doctor used when treating patients. In prior posts, Maryland medication error attorneys have extolled the virtues of computerized prescription programs, but I was still surprised to see how efficient those systems are when used in the day to day operation of a busy doctor’s office.

The doctor who treated my father asked him a series of questions about how the surgical site was healing, his pain, and any other prescriptions he was taking, and examined my father’s range of motion. The doctor entered all of that information into a computer terminal in the examination room and returned, within minutes, with a print out that contained my father’s prescription. Additionally, the doctor’s office electronically sent the prescription ahead to a local pharmacy.

Last month, Medicare and certain private health care plans began paying doctors bonuses for using similar E-prescription software. The private health care plans provide doctors with extra payments for services along with free equipment, such as PDA’s, if they use computerized prescription software. Medicare’s bonus amounts to 2% of charges billed to Medicare for 2009 and 2010. This translates into approximately $1,700 to $3,500 a year per doctor. As a result of the new incentives, the number of doctors using E-prescription programs has doubled over the past year and, nationwide, nearly 70,000 doctors use these programs.

Electronic prescription programs not only reduce the risk of medication errors, but they also help lower patients’ health care costs by suggesting low cost generic alternatives to expensive name brand medications. In a recent study, researchers at a hospital in Milwaukee, Wisconsin discovered that E-prescription software saved patients a substantial amount of money by allowing more doctors to prescribe safe generic prescriptions.

Additionally, by reducing the time a patient has to wait in a pharmacy to receive a prescription, E-prescription programs ensures that more Americans will fill the prescriptions their doctor’s prescribe. Fortunately, nearly all big box pharmacies and many independent pharmacies accept electronic prescriptions. This allows doctors, like my fathers, to forward prescriptions ahead of the patient and reduce the amount of time a sick or injured patient has to wait in a pharmacy waiting area.

Under the stimulus package, the government plans to invest $ 50 billion dollars over the next five years in technological advancements in health care. The Maryland medication error attorneys at Lebowitz & Mzhen, LLC will carefully watch these advancements as they arise in the future.

External Resource

Wall Street Journal article

Continue reading "Monetary Bonuses Convince More Physicians to Use Electronic Prescription Programs" »

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