Pharmacy Errors and Children

Maryland Pharmacy Errors Affecting Child Patients

June 4, 2019 | Lebowitz & Mzhen

When a pharmacist makes a mistake in the process of filling a patient’s order, there is a high likelihood that the patient will experience adverse effects or symptoms. Occasionally, a Maryland pharmacy error results in permanent injuries or even death. The extent of the damage caused by a pharmacy error depends on several factors, including the type and dose of medication that was given to the patient, as well as the patient’s age and health.

Pharmacy errors involving children and the elderly tend to be the most serious because these populations have fragile immune systems and may not be able to effectively communicate what they are feeling. While the burden to double-check all prescriptions often ends up resting with the adults who supervise young children and the elderly, the actual duty rests with the pharmacist to get it right in the first place.

As medical professionals, pharmacists have a duty to their patients. This duty requires pharmacists to accurately fill prescriptions and offer consultations to patients who seek advice. When a patient is harmed due to a pharmacist’s mistake, that patient is entitled to pursue a claim against the pharmacy, seeking compensation for the injuries caused by the error.

Maryland Pharmacy Errors Present Serious Risks to Children

February 18, 2019 | Lebowitz & Mzhen

Any time a pharmacist provides a patient with the wrong medication, there is the possibility that there will be serious, potentially life-threatening consequences. However, when the victim of a Maryland pharmacy error is a young child, the risk that the error will result in serious injury or death significantly increases. And while parents should check all labels and all accompanying literature to ensure that an error has not occurred, the duty ultimately rests with the pharmacist to accurately fill a prescription.

In many cases, after a child is given the wrong medication the parent will quickly realize that there has been an error because their child will exhibit symptoms. However, some symptoms may not arise immediately, and may take days, weeks, or even months to arrive. Generally speaking, a Maryland pharmacy error victim has three years to bring a claim under the statute of limitations. The statute of limitations may be tolled from the time of the error to the point where the patient realizes that she suffered injury. Additionally, if the patient is a minor, the statute of limitations is tolled until the day before the minor turns 18 years old. However, just like most things in life, it is not a good idea to wait until the last minute to file a claim.

Newborn Baby Given the Wrong Medication by Local Pharmacy

Earlier this month, a local news article reported on a pharmacy error that allegedly occurred at a CVS pharmacy. Evidently, a mother picked up what she thought was a prescription for her newborn daughter’s acid reflux. The mother gave the medication to her daughter for two weeks before realizing that the drug the pharmacist provided her was actually a steroid. During the period when the newborn was taking the unprescribed steroid, she was vomiting, swollen, not sleeping and cried more often than usual.

The U.S. Has Lax Pharmacy Error Reporting Requirements

December 3, 2018 | Lebowitz & Mzhen

Each year, there are estimated to be approximately 1.5 million pharmacy errors across the United States. Of those, about half are later determined to have been preventable. While these figures may seem shocking, the reality is that the actual number of pharmacy errors may be much higher given lax pharmacy reporting requirements.

In most states, a discretionary reporting system is used. In general, even when mandatory reporting is implemented, a pharmacist is not required to report an error unless it results in patient harm. However, in many cases, a patient will not immediately show symptoms of a medication error. Thus, pharmacy errors that do not result in immediate serious harm or are not delivered to a patient do not need to be reported. If you have questions that relate to potential pharmacy negligence, contact a Maryland medication error attorney.

Mother Pushes for Stricter Reporting Requirements

Back in 2016, a young boy in Canada died in his sleep after his mother was given the wrong medication when she went to refill her son’s prescription. According to a recent news report covering the tragic accident, the boy suffered from parasomnia, which caused the boy to wake up screaming and crying in the middle of the night. The boy’s physician prescribed tryptophan, and the boy had taken the drug for about a year.

The Types of Damages That Are Available in Pharmacy Error Cases

October 22, 2018 | Lebowitz & Mzhen

In Maryland personal injury cases, a range of damages may be available, depending on the circumstances of the case. Damages are generally divided into two categories: general damages and special damages. Special damages are awarded for the plaintiff’s economic damages, whereas general damages are awarded for noneconomic damages and other damages. Examples of special damages are medical bills, transportation costs, physical therapy, past, and future wage losses, loss of future earning capacity, diminished earning capacity, and loss of consortium. General damages can include pain and suffering, and other noneconomic damages. All of these damages are compensatory damages, which means that they are intended to compensate the plaintiff for the plaintiff’s injuries. As in any personal injury claim, in a medical error case a plaintiff must prove all of the alleged damages.

In addition to compensatory damages, some plaintiffs may be awarded punitive damages. Punitive damages, also called exemplary damages, are meant to punish the defendant for the defendant’s conduct and to deter others from bad behavior. In those cases, a plaintiff must show that the defendant had actual knowledge of the wrongful conduct. There are caps on some types of damages in Maryland, so it is essential to consult with an attorney to understand which types and amount of damages are available.

Three-Year-Old Child Overdoses on Morphine After Pharmacy Error

Human error resulted in the recent overdose of a 3-year-old, according to one news article. The article reported that the toddler was prescribed morphine after he had tonsil surgery and had his adenoids removed and tubes put in his ears. The medical staff prescribed the toddler morphine and told the family that it was routine. The toddler’s parents filled the morphine prescription at a pharmacy without any consultation with a pharmacist. Later that day, the parents read the instructions on the medication and gave their child the medicine. According to his mother, the next morning, the toddler’s father picked him up, “and his head flopped right back.” The mother said the child was unresponsive and not breathing properly. The parents rushed the child to the hospital where doctors said that he had overdosed. The hospital staff gave him naloxone to stabilize him, and he eventually recovered.

Dosing Mistakes: A Common Type of Pharmacy Error That Is Difficult to Catch

August 14, 2018 | Lebowitz & Mzhen

When most people hear that a pharmacy error has been made, they picture a busy pharmacist who provided one patient with another’s medication after transposing a few letters in a patient’s last name. And with thousands of medications in the average pharmacy, there certainly are a significant number of Maryland pharmacy errors involving a pharmacist providing a patient with the wrong medication altogether. However, this is only one type of pharmacy error.Many pharmacy errors involve a patient receiving the correct medication, but the wrong dosage. This can either occur when a pharmacist provides the patient with the wrong strength of medication or when the instructions provided to the patient are incorrect. In either event, a patient can suffer serious injuries by taking too much (or too little) of a prescribed medication. Children are especially susceptible to this type of error, since medication tends to affect them more, given their size and weight.

Parents are encouraged to double-check their children’s prescriptions for any errors at the pharmacy. In addition, parents should consult with pharmacy staff, letting them know that the medication is for a child.

Children Are Especially at Risk of Serious Injury or Death Following a Maryland Pharmacy Error

June 15, 2018 | Lebowitz & Mzhen

While a Maryland pharmacy error can result in serious and even fatal consequences for any patient, the very young are at an especially high risk. This is a frightening thought, considering that pharmacy errors are much more common than most people believe. Indeed, it is estimated that there are over 63,000 medication errors involving child patients each year. This amounts to one error approximately every eight minutes.

Researchers have noted that the most common type of medication error involving a child patient is when the prescribed medication is an analgesic or a cold/cough syrup. Commonly, these medications result in the pharmacist providing patients with a double-dose of the prescribed medication. That being said, it is not unheard of for a pharmacist to give a parent the wrong medication altogether.

When a pharmacist error results in patient harm, the injured patient may be able to pursue a claim for compensation through a Maryland pharmacy error lawsuit. While proving that an error was made is not necessarily difficult in many cases, establishing that the error resulted in a patient’s injuries can be challenging. For this reason, many pharmacy error cases require expert testimony to help prove causation.

Children May Be at Increased Risk for Prescription Errors

May 8, 2018 | Lebowitz & Mzhen

Prescription errors can have devastating consequences for people of any age. The wrong dosage or medication can have long-lasting consequences and, in some cases, can be fatal. A recent article shows how children may be at greater risk for prescription errors in some circumstances. Since some medication is produced at dosages that are too high for children, they have to be reduced. The process of creating a smaller dosage is another opportunity for prescribers and pharmacists to make mistakes and for miscommunications to occur.

In the case of a Maryland prescription error, a plaintiff must demonstrate that the defendant was negligent by failing to meet the relevant standard of care. An example of this might be a pharmacist’s failure to administer the prescribed dosage. In these cases, a plaintiff may be entitled to compensation for their injuries.

Article Reveals Life-Threatening Errors in Administration of Flecainide to Children

Flecainide, an oral antiarrythmic drug, can be prescribed to treat supraventricular tachycardia or atrial fibrillation. However, it is only available commercially in doses of 50 mg, 100 mg, and 150 mg, so when given to infants and small children, who require smaller doses, it has to be given in the form of a suspension. A recent article discusses how there have been life-threatening errors during the preparation of the suspension, resulting in serious overdoses.

How a Physician May Be Responsible for a Maryland Pharmacy Error

April 16, 2018 | Lebowitz & Mzhen

Most Maryland pharmacy errors occur when an overworked pharmacist receives a correct prescription from a physician and makes an error in filling the prescription. Commonly, these errors include filling the wrong dose of the correct medication, providing the patient with the wrong administration instructions, or filling the prescription with the wrong drug. However, some prescription errors result from a negligent or reckless physician.

Both doctors and pharmacists owe a duty of care to their patients when it comes to prescription medication. However, these duties differ slightly, and for good reason. A pharmacist has no control over the medication a doctor prescribes to his patient, and a doctor has no control over the accuracy of the pharmacist. However, in some cases, these duties overlap.

In a recent article, one pharmacist recounts an error that was made just a few years after he had graduated from pharmacy school. The pharmacist, relatively new at the time, was asked by a physician to prescribe an adult dose of medication to a child. When the pharmacist questioned what he believed to be too high a dose for a child, the doctor assured the pharmacist that it was appropriate because the child was “adult-sized.”

A Tragic Pharmacy Error Turns into an Opportunity for Positive Change

March 26, 2018 | Lebowitz & Mzhen

By some estimates, medical errors are among the top three causes of death in the United States. While the classification of a medical error is broad, including surgical errors and medical malpractice, the classification also includes pharmacy errors. Indeed, there are tens of thousands of pharmacy errors each year, and this number is likely a gross underestimate because nearly all errors that do not result in serious injuries or death go unreported.

When pharmacy errors are reported, authorities take them very seriously. Indeed, a recent article discusses one pharmacist who was found guilty of reckless homicide and imprisoned for six months after an error he made resulted in a young girl’s death. While this is rare, it does happen because the law does not necessarily require intentional conduct to find someone guilty of a homicide.

According to a recent news report, the pharmacist who was responsible for the young girl’s death has tried to turn his life around with the help of a seemingly unlikely friend – the father of the girl who died from the pharmacist’s mistake. In the wake of his daughter’s death, the girl’s father decided that he did not believe the pharmacist intended to cause an error and that he wanted to do what he could to emotionally support the pharmacist while he was in jail. The two men became friends and have since begun to work together to help raise awareness around issues of pharmacy errors.

Court Affirms Verdict in Favor of Doctor After Child Experiences Developmental Delays

January 8, 2018 | Lebowitz & Mzhen

Prescription errors can have lasting effects for Maryland patients. In a recent case, the parents of a two-month-old child brought a lawsuit against a doctor, alleging that the doctor improperly treated their child with the drug Reglan.

According to the court’s opinion, the child was referred to the pediatric gastroenterologist doctor for gastrointestinal issues, and the doctor diagnosed him with severe gastroesophageal reflux disease. The doctor continued to see the child for about a year and a half, and he prescribed him different medications, including Reglan. Reglan is normally recommended for a maximum of 12 weeks, except in cases in which the benefits outweigh the risks. The doctor later testified that he believed the benefits outweighed the risks in this case, and he attempted to wean the child off the drug, but his symptoms would reappear when he did so.

About a year and a half after his diagnosis, the child’s mother began noticing problems with the child’s development, including standing, balancing, and developmental delays. After she heard about the side effects of Reglan on a commercial, she brought up her concerns to the child’s primary care doctor. The gastroenterologist doctor subsequently told the primary care doctor to stop the Reglan prescription, due to the mother’s concerns.