Posted On: February 26, 2010

New Legislation for the Safe Disposal of Nursing Home Resident Drugs

In a recent news story that our Maryland Medication Error Attorneys have been following, state legislators across the country have proposed bills that are aiming for the disposal of unused or expired medicine at nursing homes, for resident health and safety and the protection of the environment

According to ABC News, Maryland, Maine, Minnesota, Colorado, and Washington have all proposed new legislation that is trying to address the issue of dealing with excess and expired prescription medicine from nursing homes that end up in landfills and water sources every year, or if accidentally accessed by residents or other people, can cause serious harm or personal injury.

The Associated Press did a study in 2009, and reported that at least 250 million pounds of pharmaceuticals and contaminated medication packaging are generated in medical facilities every year. Some states are working on bills that would give nursing homes a choice to donate unused medication to charities in other countries. Other states are trying to send the unused medication back to the prescription drug manufacturers, with ‘take back’ programs, returning the responsibility back to the pharmaceutical company for disposal.

When a prescription is written for a resident in a nursing home, the pills aren’t reportedly dispensed in the same way that they are in a pharmacy. When the prescription is ordered for a nursing home resident, the pharmaceutical companies allegedly ship out 30-day supply cards, with each pill nestled in a small bubble pocket so nurses can easily pop the pill out of the card. If the patient has a bad reaction to the medication, if the patient passes away, or there is a medication mistake with the prescription, the medicine is most likely thrown out.

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Posted On: February 24, 2010

Incentives to Using Electronic Health Records in Physician Practices

Recently, our Maryland Medical Mistake Lawyers wrote about the use of electronic health records in hospitals and doctors' offices, and how computerized health records have the potential to improve the health care of patients, and reduce the risk of medical errors and personal injury.

In the blog, our pharmacy error attorneys wrote about how President Barack Obama’s economic stimulus included over $19 billion for health information technology, and has given many hospitals great incentive to add their own funds and invest in adopting electronic records to improve the quality, safety, and efficiency of health and medical care.

One example of this comes from an article in the New England Journal of Medicine from last month, where the Long Island North Shore Hospital System in New York stated publicly that it will pay an up to $40,000 incentive offer to each doctor who agrees go electronic with health records—paying 50 percent of the total cost to doctors who install the Electronic Health Record that will communicate directly with the hospital, and will pay 85 percent of the total cost if the doctor shares quality care data.

The payment would reportedly add to the $44,000 physician incentive offer, where the American Recovery and Reinvestment Act of 2009 gave authority to Medicare to compensate health care professionals eligible for the payment, who used electronic health records in a meaningful way. According to the article, ‘meaningful use” is not yet clear in definition, but the overall aim is to transform the health care delivery system by using electronic records, to improve communication, efficiency, and quality care and reduce the risk of personal injury through medical mistakes or pharmacy error.

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Posted On: February 23, 2010

Reducing Medical Error by Implementing Electronic Health Records

In a recent post, our Maryland Medical Error Attorneys discussed how computerized health records have been used by the Veterans Health Administration for the past decade, with great reported success. These electronic records have reportedly improved the health care and well being of nearly eight million veterans, by storing information electronically about the prescriptions, studies, laboratory tests, consultations, doctor’s notes and any reports about the patient in any Veterans Affairs hospital—reducing the potential for medical errors or personal injury.

Yesterday The New York Times published an article discussing the reported benefits of electronic records, and how President Obama’s economic stimulus that included $19.2 billion for health information technology, has given many hospitals incentive to invest in creating and using electronic records to improve the efficiency, quality, and safety of medical care. The goal according to the article is to integrate the various systems across the country with various hospitals and medical groups so medical records can be shared on a common platform within the different systems.

According to the article, the benefits of electronic health records are:

• If the doctor has immediate access to a patient’s record, it could reduce medical errors and personal injury within the hospital setting due to drug complications, pharmacy errors, drug allergies, or potential drug interactions, as well as drug recalls.

• Electronic records can eliminate duplicate tests, from M.R.I.’s to blood tests. If a patient is seeing multiple doctors, a new doctor can easily access their test results electronically within the same system, which can prove to be valuable in a life-threatening situation. If a test needs to be repeated, the doctor will have access to the results of the last test to compare.

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Posted On: February 17, 2010

Walmart Pharmacy Misfill—Teenager's Acne Prescription Wrongly Filled with Viagra

In recent news that our Washington D.C. Pharmacy Misfill Attorneys have been following, a young woman in Florida recently experienced a serious medication error when she filled her prescription for doxycycline, a medication for acne, and received a bottle of Viagra instead.

According the news story, after picking up her prescription acne medication at the Walmart pharmacy, she didn't realize that was mistakenly given Viagra capsules because the capsules were reportedly very similar to the medication she took in both shape, color, and size. She proceeded to take the Viagra without realizing the mistake, and claims to have suffered with health related conditions. It wasn’t until her family discovered the other patient label on the bottom of the bottle underneath her name that clearly indicated that the medication was Viagra, and intended for another patient.

The family of the teenager confronted the pharmacy at Walmart, and claimed that the college student has suffered many physical problems as a result of the pharmacy misfill and medication mistake. She claimed that after taking Viagra, she experienced serious health complications, including a racing heartbeat, extreme bodily temperature changes, anxiety and bouts of dizziness.

According to the U.S. Food and Drug Administration (FDA), 1.3 million people are injured every year in this country from medication errors, with at least one death reported every day. The National Coordinating Council for Medication Error Reporting and Prevention, (NCCMERP), reports that injury from medication error is an huge problem and health risk for the public, and needs to receive far more public attention. Medication mistakes can happen anytime in the pharmacy process, from prescribing, distribution, dispensing, administering or monitoring—often times resulting in personal injury.

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Posted On: February 1, 2010

Hospitals Fined by CDPH for Alleged Medication Mistakes

In recent article that our Maryland-based Medical Mistake Attorneys have been following, The California Department of Public Health (CDPH) has fined 13 hospitals in California $650,000 for 16 medical mistakes that have caused serious patient injury, harm, or even wrongful death in 2008 and 2009.

In one hospital pharmacy error in Oakland, California, a 90-year old emergency room patient at Kaiser Foundation Hospital, received a variety of blood pressure and stomach ulcer medications that were meant for another patient. The emergency room staff did not double check the medication orders sent from the pharmacy, and the patient went into severe respiratory distress after receiving the potassium chloride by mistake.

A rapid response team was sent in and the patient was reportedly breathing four to six breaths per minute with a fluctuating blood pressure. The man was intubated and put on a ventilator for breathing. Further testing proved that the patient lost brain function from the medication error. A physician interviewed by the California Health investigators claimed that he could not rule out the possibility that the medication mistake caused a severe change in the patient’s health.

In another case, at California Hospital Medical Center in Los Angeles, a patient was incorrectly given the drug Methotrexate, or chemotherapy, as a treatment for ectopic pregnancy—even though the patient was not in fact pregnant. Over the following week, the patient reportedly developed immune suppression, renal function decline, severe leukopenia and neutropenia, and oral, skin and esophageal ulcerations due to the medication error. The investigators reported that using chemotherapeutic medication on a patient who was not pregnant subjected the patient to serious health complications, physical harm, and injury.

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