Pharmacy Error Injury Lawyer Blog

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.

Continue reading "Hospitals Fined by CDPH for Alleged Medication Mistakes" »

In a recent lawsuit that our Maryland Pharmacy Mistake Lawyers have been following, a hospital is being sued for dispensing an overdose of pain medicine to a 68-year old woman, which allegedly led to her wrongful death.

Mable Mosley was taken to the Brandon Regional Hospital last year complaining of neck and shoulder pain. She checked into the hospital on a Saturday, and within a few days stopped breathing. Mosley was put on life support, and died days later.

Mosley’s husband is suing the hospital, the hospital owners, and seven individual pharmacists in the case, claming medication negligence and wrongful death—that his wife was given enough pain medicine to end her life.

The drug in question that Mosley received is called Duragesic, a patch containing large concentrations of opioid fentanyl, a potent narcotic approved in 1990 by the FDA for use in patients that have become opioid-tolerant from using another strong narcotic pain medication for a week or longer.

Opioids are chemicals that are commonly prescribed because of their pain relieving properties. Opioids work by attaching to opioid receptors, or proteins, found in the brain, spinal cord and gastrointestinal tract. When the drugs attach to the opioid receptors, they can block out the body’s perception of pain.

Continue reading "Lawsuit Accuses Hospital of Medication Mistake and Wrongful Death" »

In a related blog from yesterday, our Maryland Pharmacy Misfill Lawyers discussed a recent article from USA Today, where the step-by-step process of how a prescription is filled was followed in two pharmacies—to uncover how pharmacy mistakes are taking place, and how to prevent them in the future.

The article revealed how the possible errors are made and also discussed what steps pharmacies are making to try and prevent these errors, and reduce the number of pharmacy mistakes and patient injuries that could happen in the future.

Pharmacies are trying to prevent errors by:

• Encouraging improved communications between doctors and pharmacies.

• Encouraging doctors to write the prescriptions in full length, instead of using medical codes or abbreviations.

• Trying to transition from prescriptions that are handwritten to electronic prescribing—where a doctor sends the prescription directly from the doctors’ offices to the pharmacy computers.

• Computers are being used to aid the prescribing process, with more alerts for drug interactions, allergies, or patient’s illnesses.

• Other computer safety features include popup boxes when a technician enters or confuses a drug name with similarly named drug. After the popup appears, the technician has to initial the box to show he checked the drug.

Continue reading "Steps for Preventing Prescription Errors in Pharmacies" »

In a recent study that our Maryland Pharmacy Error Attorneys have been following, USA Today investigated every step of a prescription’s path in a pharmacy—to uncover the potential for medication mistakes with each step of the filling process, that can lead to patient injury or wrongful death.

In the research, USA Today interviewed pharmacy experts and toured two pharmacies, a CVS and Walgreens, to study the six steps of the prescription filling process, and the potential errors that can happen along the way, as well as real cases that have caused actual injuries or death.

Step 1: Prescription received
When the customer drops off the prescription to the technician, or the doctor’s office calls in the prescription, errors can occur if a technician misunderstands a doctor's handwriting, prescription codes and abbreviations or misunderstands the oral instructions over the phone. In one case, a doctor’s prescription for methadone read “sig 4 tablet BID for chronic pain,” which means “Please label (sig) this drug to say: take 4 tablets twice per day (BID) for chronic pain. The technician typed, “Take 4 tables by mouth as needed for chronic pain.” The patient allegedly died of an overdose of methadone.

Step 2: Prescription entry
A technician then scans the original prescription into the computer and manually enters the patient’s personal data, like name, address, date of birth and phone number, as well as drug information, strength, dosage instructions and quantity. If a technician incorrectly types the prescribed drug dosage, formulation or the patient’s medical condition, history or allergies into the computer, then serious errors can occur, including personal injury. Also if the wrong drug code is chosen in the computer system, it can be mistaken for a similarly named drug. In one instance, a pharmacy was asked to fill a prescription for compazine, an anti-nausea drug, (COM) and accidentally gave the patient a generic substitute for coumadin, a blood thinner (COU).

Continue reading "Understanding the Prescription Drug’s Path through a Pharmacy can Reduce Error" »

As Maryland Medication Mistake Attorneys we have recently read an article published in the QJM, the long-established leading general medical journal, on the topic of medication errors—giving an overview of what medication mistakes are, how they happen, and how to prevent them from happening in the future.

According to the article, published in August 2009, a medication error is a failure in the process of treatment that can lead to the harming or personal injury of a patient. Medication errors can often occur in:

• Prescribing faults: ineffective prescribing, irrational or inappropriate prescribing, under-prescribing and over-prescribing when deciding which treatment and dosage plan to take.

• Prescription writing: illegibility

• Formulation manufacturing: incorrect strength, misleading packaging

• Drug formulation dispensing: incorrect drug, formulation and label

• Administering the medicine: incorrect dosage, wrong directions for frequency, invalid duration of treatment

• Monitoring drug therapy treatment and drug treatment alteration when required

Medication errors can be classified, according to the article, by the use of psychological error classifications—knowledge-errors, rule-errors, action-errors, and memory-based errors. It is important to detect the medication mistakes, that can range from trivial to serious, and to create a working environment that is free of blame, and encourages the reporting of errors.

The article also recommends, “balanced prescribing” to avoid medication errors. In balanced prescribing, the mechanism of action of the drug should complement the pathophysiology of the disease—optimizing the balance of benefit to harm.

Continue reading "QJM: How to Prevent Medication Errors and Injury with Balanced Prescribing" »

The FDA has recently published a patient safety alert, reporting medication dosage errors associated with Tamiflu, (for oral suspension), the top doctor prescribed anti-viral flu medication, administered to both adults and children. Our Maryland Pharmacy Misfill Injury Attorneys have been following this prescriber and pharmacy alert report, and how it could effect patient safety in this current H1N1 influenza pandemic.

According to the agency alert, the FDA has received reports that the Tamiflu (oral suspension) dosing instructions for the patient do not match the dosing dispenser. U.S. health providers often write liquid medicine prescriptions in teaspoons or milliliters (mL), while the dosage of Tamiflu is in milligrams (mg). Prescribers and pharmacists have been warned that Tamiflu's dosing dispenser included in the package has markings only in mg—30, 45, and 60.

The alert recommends that:

• If the dosing dispenser included with the drug is in mg, prescribers should write doses in mg

• Pharmacists should also ensure that the unit measurements on the instructions of the prescriptions match the dosage dispenser included.

• If the prescription instructions specify that the drug is administered using mL, the dosing device should be replaced with a new measuring device and calibrated in mL.

Tamiflu (oseltamivir) is an antiviral drug that slows the spreading of the influenza virus in the body. According to the Centers for Disease Control and Prevention (CDC), 22 million Americans have become ill with the H1N1 virus in the past six months, and 3,900 have died— 540 of which were pediatric deaths. The number of people who have been hospitalized is reportedly 98,000, with 36,000 patients younger than 17. The largest majority of deaths have been between the ages of 18 and 64—around 2,920.

Maryland’s Department of Health and Mental Hygiene reported last week that six more people have died in Maryland in the past four weeks from the swine flu, bringing the total death toll to 19 since the pandemic began. The H1N1 virus has also hospitalized 664 people in Maryland.

The Los Angeles Times reported that in the last week of October, 587,960 prescriptions for Tamiflu and other antiviral drugs were filled in the United States— according to Wolters Kluwer Pharma Solutions of Bridgewater, N.J., the company that tracks FDA prescription data.

If you or someone you know has been injured by a medication mistake or pharmacy misfill in Maryland or the Washington, D.C. area, contact the attorneys at Lebowitz and Mzhen, LLC for a free consultation. Call us today at 1-800-654-1949.

FDA Public Health Alert: Potential Medication Errors with Tamiflu for Oral Suspension

New CDC Estimates Show What Toll Swine Flu is Taking in U.S., Wasington Post, November 13, 2009

Booster Shots: Swine Flu Continues Slow Climb on College Campuses, The Los Angeles Times, November 13, 2009

Swine Flu Kills 6 More People in Maryland: All Had Underlying Conditions, Baltimore Sun, November 13, 2009

Related Web Resources:

U.S. Food and Drug Administration, (FDA)

In the ongoing topic of medical error and injuries that our Maryland Medication Mistake Lawyers covered earlier this week in a previous blog, the National Coordinating Council for Medication Error Reporting and Prevention (NCCMERP) recommends that in order to help prevent medical error injury and death every year, it is important that the prescribers of medication avoid the use of dangerous abbreviations in prescriptions, including those for drug names and Latin directions for use.

The current NCCMERP list of dangerous abbreviations commonly made by prescibers include:

• Mistaking “µg” for “mg” or milligrams, resulting in an overdose

• “U” is mistaken for zero or a 4, which also results in an overdose. “U” is intended to mean “Units” but with poor handwriting, it can also be mistaken for “cc” or cubic centimeters.

• “Q.D.” means “every day” in Latin. The period after the “Q” is sometimes mistaken for an “I”—and the drug is given “QID” (four times daily), which results in an overdose.

• “T I W” means three times a week. This is often misinterpreted as “three times a day"

• “IU” means International Unit, and is often mistaken for “IV” or intravenous

• “AU, AS, AD” are the Latin abbreviations both ears, left ear and right ear. These are often misinterpreted as the Latin abbreviation “OU” (both eyes), “OS” (left eye), and “OD” (right eye)

The Council also recommends that in order to enhance the accuracy of prescription writing and communications, doctors, nursing and pharmacy staff should:

• Make sure all prescriptions are legible and include notes on medication purpose—like cough, or allergies—maintaining that the proper medication is dispensed.

• All prescription orders should be written in the metric system, except for orders that use standard units like vitamins or insulin. Units should also be written out, rather than abbreviated with “U”

• Medication orders should include the exact drug name, metric weight or concentration, dosage form, with strength and concentration expressed in metric amounts.

• The NCCMERP reports that numerous errors in drug strength and dosage have occurred with the use of decimals—due to the trailing zero (1.0 mg) or the lack of a leading zero (0.1 mg). A leading zero should always be used before a decimal, and trailing zeros should never be used.

Continue reading "Dangerous Drug Abbreviations that Lead to Medical Injury" »

As Maryland Medication Error Injury Attorneys, we have recently read data from the U.S. Food and Drug Administration (FDA) stating that in the United States, 1.3 million people are injured by medication errors every year, with at least one death reported every day.

According to the National Coordinating Council for Medication Error Reporting and Prevention, (NCCMERP), injury from medication error is an urgent, a widespread public problem, that needs to receive far more public attention. The NCCMERP estimates that 98,000 people die annually from medical errors that occur in hospitals—an amount that is greater than deaths from motor vehicle accidents, breast cancer, AIDS, even workplace injuries. Medication error can happen at any point, and result in injury—from communication, distribution, prescribing, dispensing, administering or monitoring.

A medication error is defined by the the NCCMERP as any event that is preventable, and may cause medication misusage or patient harm while the medication is being controlled by the health care professional, consumer or patient. Medication errors can happen in professional practices and during procedures, as well as in the systems of prescribing, ordering, the labeling of a product, packaging, dispensing, education, monitoring, usage, and naming conventions.

The FDA states that common causes of medication error stem from poor communication between doctor, pharmacist, and patient, with unclear product names or suffixes, medical abbreviations or handwriting, poor techniques or procedures, or a lack of understanding of directions for patient usage. Job stress or lack of training or knowledge can also lead or contribute to pharmacy error injury or misfills.

Continue reading "Death from Medication Error Leads to Prevention Awareness" »

A recent American Pharmacists Association (APhA) survey, that our Maryland Pharmacy Error Injury Attorneys have been following, revealed that 1.5 million people are injured by medication-related errors every year. The APhA commissioned the consumer survey, led by Harris Interactive, to investigate how consumers interact with their pharmacists, and how building relationships with pharmacists can avoid patient error and reduce medication mistakes and pharmacy misfills.

The APhA always recommends that people carry an updated list of their current prescription medications, over-the-counter (OTC) drugs, herbal supplements and vitamins. The list should include the name of the medications, the dosage, as well as the conditions that the medications treat. Any patient allergies should also be included in the list.

The study reports that while a large percentage of Americans have an up-to-date list of medications, only 28% of consumers actually carry the list with them at all times—an act that could prevent personal injury and medication mistakes, by providing emergency personnel and pharmacists with lifesaving information regarding drug names, proper dosing, allergy information, and drug interactions and side effects.

According to Kristen Binaso, pharmacist and national APhA spokesperson, until electronic medical records are used as the standard in sharing patient information in the health care industry, consumers should protect themselves by keeping a current medication list with them at all times, to show the doctor and pharmacist—to avoid the risk of improper dosing, medication duplication, pharmacy misfill, and harmful drug side effects and interactions. In a recent post, our Maryland Mistake Attorneys further discussed how these electronic health records will help pharmacists and doctors to eliminate medication errors.

Next to doctors, pharmacists are the second most trusted health care providers and trained medication experts, yet the survey found that 77% of consumers do not know their pharmacists names, and only 40% of consumers have asked their pharmacists valuable questions about their medication needs.

Continue reading "Medication Error Injury Prevention—Study Recommends Knowing Your Pharmacist" »

As Maryland Medication Mistake Attorneys, we have been following a recent article from Cardiology Today, revealing that cardiac medication mistakes are reported most commonly with infants—in community hospitals, university hospitals, and pharmacies.

The results of a study showed that diuretics and antihypertensive agents are the most commonly reported drugs that are improperly dosed with infants—frequently prescribed by doctors for pediatric patients with heart disease. According to the article, these drugs have the potential for more widespread use because of neonatal care advances, and the increasing incidence of metabolic syndrome and childhood obesity.

Diuretics and antihypertensive agents are considered by many to be safe, because of their frequent use by doctors, but according to the research, it would be much more beneficial for the physicians, clinicians and pharmacists to have accurate information on the assessments of harm rates, and the groups of infant patients who are at particular risk—to prevent serious medical mistake errors and injury with children.

The most harmful error reports came from reported dosing error of the heart condition drugs: nesiritide, calcium channel blockers, milrinone, digozin, and antiarrhythmic agents.

According to the results from voluntary CV medication error reports that were submitted to a medication error database from the years 2003 and 2004, 50% of the total errors reported occurred in children younger than 1 year of age, and 90% of the error reports occurred in infants younger than 6 months of age.

In the 1,424 causes reported, the most frequent causes of medication error or pharmacy misfills were:

• Human error
• Improper dosing
• Missed or double doses
• Misunderstanding of drug orders
• Mathematical errors which include dilutional errors

Continue reading "Cardiac Medication Dosing Errors Reported Most Commonly With Infants" »

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.

The Federal District Court in Northern Ohio recently decided an employment law case that highlights the potential for frequent hospital pharmacy errors committed by inexperienced hospital pharmacists. In Colvin v. Veterans Administration Medical Center, the Federal District Court decided that a hospital properly dismissed an inexperienced hospital pharmacist for his repeated errors while dispensing medication to hospital patients.

In a lawsuit against Ohio’s Veterans Administration Medical Center (“VAMC”), Deon Colvin (“Colvin”) claimed that the hospital breached the parties’ contract when it fired Colvin in May, 2003. Colvin began working at the VAMC in June 2002, and after a seven week orientation period, began working in the hospital pharmacy on the midnight shift, where Colvin was the only pharmacist on duty.

In his complaint, Colvin stated that he was “ill prepared to work the night shift by himself because he had little experience working in a hospital environment where many of the practices, procedures and medicines were different from that which he was used to dispensing at a pharmacy in a retail environment.” During his first few weeks on the midnight shift, Colvin made three signification errors: first, he dispensed ten boxes of syringes of injectable morphine, where the physician’s order called for only ten syringes; second, he dispensed an insulin prescription without including important special instructions; and third, Colvin failed to find and correct a doctor’s error in an order for the blood-thinner, heparin

The Veterans Administration Hospital fired Colvin as a result of these medication errors, and Colvin subsequently filed suit in federal court. The Federal Court agreed with VAMC that Colvin’s errors constituted serious mistakes that justified his termination. The Court granted summary judgment in favor of VAMC, and it threw out Colvin’s lawsuit against the hospital.

While it is clear that the hospital needed to protect its patients by firing the negligent pharmacist, the Maryland medication error attorneys believe that the Veterans Administration Hospital was also negligent in hiring and placing an inexperienced hospital pharmacist alone in the pharmacy without the support and supervision of more senior pharmacists.

Continue reading "Hospital Pharmacies Require Experienced Hospital Pharmacists" »

Yesterday, a potential client called me concerning injuries that she sustained when a pharmacist employed by a Baltimore hospital had made a pharmacy error which resulted in her being given the wrong medication for an extended period of time. This middle aged woman explained that she received the wrong antibiotic which failed to control her infection. She explained that she was stuck in the hospital for many extra days as a result of the pharmacy error, and that she was unable to be with her family on Thanksgiving.

Before telling me the facts of this case, this potential client asked me a very appropriate question: “What do I need to show in order to win my case?”

Pharmacy misfill cases are tort cases, or cases brought pursuant to the negligence laws of the state of Maryland and the District of Columbia. There are four basic elements to every successful negligence case:

Duty: Hospital or drugstore pharmacists are professionals who must fill prescriptions in a reasonably competent manner. The pharmacist must fulfill his or her duties carefully, and with a close attention to detail.

Breach of Duty: A pharmacist’s failure to fill a prescription accurately (or provide competent advice). Carelessness, distractions or allowing a pharmacy technician to perform the activities properly reserved for the pharmacist are common causes for a breach of duty.

Causation: As a result of the carelessness of the pharmacist, the wrong medicine is given, and the customer or patient sustains injuries, harms, losses or damages.

Damage: Injuries, harms and losses, including a prolonged recovery from surgery, illness or sickness, death, disability and impairments that can be temporary or permanent, lost wages and additional medical bills, are all common forms of damages

Continue reading "Maryland Hospital Pharmacy or Local Drugstore Errors: The Case to Be Made" »