Common Errors

Common Issues in Maryland Pharmacy Error Cases

November 12, 2019 | Lebowitz & Mzhen

When a pharmacist incorrectly fills a patient’s prescription, the pharmacist may be liable to the patient for any injuries that occur as a result of the medical error. However, in a Maryland pharmacy error lawsuit, a patient must be able to prove not just that an error was made, but that the pharmacist’s error caused them harm. While this may sound simple in theory, in practice the issues of causation and damages often raise significant hurdles.

Take, for example, a recent pharmacy error. According to a recent article, a patient was given a prescription for “Potassium Citrate ER 10 MEQ (1080mg) CR-TABS” after having a procedure to remove several kidney stones. The hospital printed out the correct prescription, and the patient took the prescription to be filled at a satellite location of the hospital pharmacy. However, upon taking it to the pharmacy, the patient was provided with “Potassium CL 10 MEQ 120.”

According to the man’s claim, the hospital’s pharmacy later called a local Rite-Aid to transfer the prescription, at his request. However, rather than calling in the correct prescription, the hospital pharmacy called in the Potassium CL 10 MEQ 120 pills. The man continued to take the medication for seven months, refilling the prescription each month. In total, the patient took the wrong medication for 10 months. During this time, the patient continued to form kidney stones, requiring additional treatment.

Common Types of Maryland Pharmacy Errors

September 19, 2019 | Lebowitz & Mzhen

When a patient takes a prescription to the pharmacy to get it filled, they assume that the medication they are picking up is the one prescribed by their physician. However, that is not always the case. Indeed, each year, there are thousands of Maryland pharmacy errors, many of which result in severe injury or death.

Patients should be vigilant when it comes to double-checking all prescription medication for themselves, as well as for their loved ones. Pharmacy errors can occur in many ways; below is a partial list of some of the more common types of pharmacy errors.

Giving the patient the wrong medication: Perhaps the most common type of pharmacy error is when a pharmacist provides the patient with the wrong medication. These errors are very dangerous because the patient ends up taking a drug that they were not prescribed in an unknown dose. Additionally, the patient is not receiving the medication that they were prescribed, potentially worsening any existing condition.

Preventable Medication Errors Are a Threat to Maryland Patients

August 28, 2019 | Lebowitz & Mzhen

The issuance and administration of medication can seem routine, but those procedures result in millions of errors, many of which are preventable. In the case of a medication error, a victim may be able to recover compensation if they are able to prove that the provider was negligent and that they suffered harm as a result.

In a medical negligence claim, plaintiff has to show that a defendant healthcare professional owed the plaintiff a duty of care, that the healthcare professional failed to meet the standard of care in acting or failing to act in some way, that the plaintiff was injured because of that failure, and that the healthcare professional’s lack of care caused the plaintiff injuries. Medication error cases can be difficult to prove, particularly because the patient is often already sick and suffering from some disease or condition to begin with. Reliable expert testimony is often crucial in these cases.

Plaintiffs in medication error cases may be able to recover compensation for medical expenses, physical therapy expenses, lost wages, loss of earning capacity, and other damages.

What to Do Following a Maryland Pharmacy Error

June 19, 2019 | Lebowitz & Mzhen

Medical mistakes, including pharmacy errors, are among the leading causes of death in the state. Notwithstanding the data showing that preventable medication errors affect nearly 7 million patients per year, most people maintain an “it could never happen to me” approach when thinking about these potentially dangerous errors. However, the reality is that anyone can fall victim to a Maryland pharmacy error.

Not all pharmacy errors are harmful, and fewer yet are fatal. In fact, most pharmacy errors are caught by another pharmacist or the patient. Of the patients who end up bringing the incorrect prescription home and taking it, few will experience immediate side effects. That, however, does not mean that the un-prescribed medication will not cause the patient harm; only that there are no immediate effects.

The best way to avoid suffering the ill effects of a Maryland pharmacy error is to prevent the mistake from happening in the first place. Of course, the duty to prevent a mistake does not ultimately rest with the patient; however, patients should still double-check all prescriptions and seek a consultation with a pharmacist when taking new prescriptions.

Maryland Pharmacy Errors Caused by Medications with Adverse Interactions

June 12, 2019 | Lebowitz & Mzhen

Included among the responsibilities of a Maryland pharmacist is the duty to ensure that the medication provided to a patient does not negatively interact with the patient’s other prescriptions. Prescription medications contain powerful drugs and many prescription medications should not be taken with other prescription medication or even over-the-counter medications.

There are several types of drug interactions, including pharmacodynamic and pharmacokinetic interactions. A pharmacodynamic interaction occurs when two medications that react with the same receptor site are taken at the same time. Pharmacodynamic interactions result in the ingested medications having a greater (synergistic) or decreased (antagonistic) effect, depending on the specific medications involved. Pharmacodynamic interactions can be fatal.

Pharmacokinetic interactions occur when one drug affects the body’s ability to absorb, metabolize, distribute, or eliminate another medication. For example, calcium can bind to some medications, reducing their absorption. Thus, patients are advised not to take the HIV medication Tivicay at the same time as Tums because the calcium in Tums can lower the amount Tivicay that is absorbed into the patient’s system. In this situation, doctors suggest patients take the two medications at staggered times throughout the day.

The Potential Causes of Maryland Pharmacy Errors

May 28, 2019 | Lebowitz & Mzhen

Medical errors are consistently ranked as one of the leading causes of death in the United States, with some estimating that as many as 440,000 people die each year from preventable medical errors. One of the more common medical mistakes are pharmacy errors that occur in retail and hospital pharmacies. Pharmacy errors can be harmful not only when patients have a negative interaction with the unprescribed drug but also when a patient fails to get the necessary medication.

Pharmacists are highly educated and well-trained medical professionals, like doctors, dentists, or nurses. Because of this, pharmacists have a professional duty to ensure that their patients are provided the correct medication, in the right dose, with the appropriate instructions. When a pharmacist makes an error, and a patient suffers as a result, the patient may be able to pursue a Maryland pharmacy error lawsuit against the negligent pharmacist as well as the pharmacy where the error occurred.

Given the prevalence of pharmacy errors, significant effort has been devoted to understanding the cause of these errors. It has been determined that certain medications are more likely to be involved in a medication error. Typically, these are medications that have similarly spelled or pronounced names as other drugs. Industry professionals call these look-alike sound-alike drugs, or LASA drugs. The most dangerous LASA drugs are those that share their names with drugs that have adverse interactions with other commonly prescribed drugs. A few examples of LASA drugs are:

The Impact Technological Advancements Have on Maryland Pharmacy Errors

May 13, 2019 | Lebowitz & Mzhen

Over the past few years, local Maryland pharmacies have seen a gradual increase in the number of prescriptions that are filled each year. However, pharmacies have been slow to adjust the number of pharmacists with this increase in demand. As a result, pharmacists are dealing with increased workloads.

For quite some time, experts have agreed that as a pharmacist’s workload increases, the likelihood of an error also increases. Some believe that new technology can help pharmacists more accurately and quickly fill prescriptions. According to a recent industry news report, by using state-of-the-art technology to fill orders, pharmacists can free up nearly 90 minutes per day.

Generally, when appropriate technology is used to fill prescriptions, there seems to be a reduction in the error rate. However, some skeptics point to the learning curve that implementing new technology presents, raising a concern that patient safety may be jeopardized as pharmacists get accustomed to frequent changes in the workplace.

Maryland Pharmacy Errors Occurring at the Drive-Up Window

April 11, 2019 | Lebowitz & Mzhen

As pharmacies have become busier and busier over the past few decades, many suburban pharmacies have begun to offer drive-up service. For many busy patients, drive-up windows are a convenient way to drop off or pick up prescriptions, voiding the need to park and get out of the car. However, conducting such important business through a drive-up window may increase the risks of a Maryland pharmacy error.

A recent case illustrates a common pharmacy error that occurred through a drive-up window. According to an industry news source that analyzed the court’s opinion, a woman intended on picking up two prescriptions for her husband through the defendant pharmacy’s drive-up window. The woman’s husband had Alzheimer’s Disease and high blood pressure. Rather than providing the woman with her husband’s prescribed medication, the pharmacist at the drive-up window gave her alprazolam and sertraline. Both drugs were intended for a patient with the same last name as the woman’s husband.

The woman took the medication home and administered it to her husband. Within a few hours, she woke up to her husband calling her name. She found him lying on the floor, and he could not get up. There were no tripping hazards nearby. It was later determined that he sustained a broken hip in the fall.

Many Maryland Pharmacy Errors May Be Linked to Electronic Prescribing

March 25, 2019 | Lebowitz & Mzhen

Over the past few decades, the demand placed on Maryland pharmacies has skyrocketed. The workload of the average pharmacist has correspondingly increased. In an attempt to keep the system working efficiently, pharmacies have begun to rely more and more on technology to help with filling prescriptions. This includes checking for prescribing errors and potential adverse reactions.

One of the most notable advancements is the widespread use of electronic prescribing and medication administration. The concept behind electronic prescribing and medication administration is that doctors and pharmacists can electronically input a patient’s prescription rather than rely on a “paper trail,” as used to be the case.

As a recent article points out, however, there may be unintended consequences of the widespread use of electronic prescribing and medication administration. The study reviewed the pharmacy staff’s daily behaviors before and after the implementation of an electronic prescribing and medication administration system. According to researchers, the new system may be linked to an increase in medication errors — the study based this conclusion on several data points.

Maryland Pharmacy Error Reporting Requirements

February 11, 2019 | Lebowitz & Mzhen

Medication errors are believed to be one of the leading causes of death across the United States. Indeed, there have been countless studies focusing on the causes of pharmacy errors and the best ways to reduce them. However, the fact remains that medication errors result in over 3.5 million hospitalizations each year, with over a million of those to the emergency room.

The exact number of patients harmed by Maryland pharmacy errors is difficult to determine. In part, this is due to the lax reporting requirements. In Maryland, as is common across the United States, pharmacists are not required to report most of their errors, and do so only voluntarily.

According to a recent investigative report, pharmacy errors are routinely swept under the rug and kept out of the public eye. The report recounts the case of a man who died after ingesting the wrong medication that he obtained from his local pharmacy. The man’s autopsy report confirmed that the pills on the bottle did not match those which he was prescribed. However, pharmacist “neither admitted or denied” the allegations, and was ultimately fined $3,000.