Pharmacy Errors in the News

Are Maryland Doctors More Likely Than Pharmacy Technicians to Make Prescription Errors?

March 27, 2020 | Lebowitz & Mzhen

Prescription errors occur more often than many people would think. And the health professionals more likely to commit prescription errors may be surprising. A lot of attention has been given lately to overworked pharmacists who may be rushing to fill prescriptions. Yet, a new study reported an interesting finding that may have implications for Maryland patients and the Maryland prescription error victims.

According to an analysis in the European Journal of Hospital Pharmacy, the study found that doctors make more errors than pharmacy technicians in transcribing discharge medicines. One source reported that an audit was completed to compare the transcription of discharge medicines. The analysis found that pharmacy technicians had a 3.8 percent error rate, while doctors had an 18.7 percent error rate. The doctors included in the analysis made 127 errors in transcribing 678 items, including 62 errors that were considered “significant,” and one that was considered “serious.” In comparison, pharmacy technicians only made 25 errors in transcribing 654 items, none of which were considered serious, and 16 of which were considered significant.

The pharmacy technicians reportedly received training at the hospital in transcribing medications from paper-based inpatient notes to an electronic discharge system, while the doctors did not receive the same training. Pharmacy technicians were also taught to seek additional clarification of any medical issues. One of the study’s authors speculated that pharmacy technicians were approaching the task with more focus. He also said that pharmacy technicians are generally trained to clarify any issues with the doctor and another pharmacist. However, experts noted that additional research was needed.

When Are Punitive Damages Available in Maryland Prescription Error Cases?

March 20, 2020 | Lebowitz & Mzhen

Prescription errors made by pharmacies or medical institutions may be grounds for a lawsuit if the patient was injured as a result of the prescription error. A lawsuit may be filed against a pharmacist and the pharmacy for Maryland prescription errors in instances of negligent or willful conduct by the individual or the organization. In a negligence claim, a patient must show that the individual or organization failed to meet the relevant standard of care by giving the patient medication with the incorrect dosage or drug. A plaintiff must demonstrate that it was more probable than not that the pharmacist’s wrongful conduct caused the injury the patient suffered. In some instances, the wrongful conduct may be so serious as to warrant punitive damages against the individual or the organization.

In Maryland, normally, plaintiffs can recover damages for economic damages, such as medical bills, wage loss, and other losses and expenses, as well as non-economic damages, such as pain and suffering. These damages are referred to as compensatory damages, because they are meant to compensate the plaintiff.

In contrast, punitive damages are not concerned with compensating the plaintiff for their losses but rather to punish the defendant for bad conduct and to deter others from engaging in such conduct. Under Maryland law, in order to warrant punitive damages in a case, a plaintiff must show by clear and convincing evidence that the defendant acted with actual malice, or with knowing and deliberate wrongdoing.

Patients Should Keep an Eye Out for These Maryland Pharmacy Errors

March 13, 2020 | Lebowitz & Mzhen

Medical errors are estimated to the third leading cause of death in the United States. Even when they are not fatal, these errors often have a profound impact on a patient’s life. While there are many different types of medical mistakes, Maryland pharmacy errors can be among the most devastating, especially for the elderly and young children.

While there is a risk of error any time a pharmacist fills a prescription, certain situations present an increased risk. For example, according to a recent news report, the following are a few of the most common medication errors.

Zinc overdoses: Zinc is a mineral that most people consume every day in their diet. Small doses of zinc are beneficial and may help fight colds. However, it is possible to overdose on zinc. In fact, in 2019, a two-year-old was almost given a fatal dose of zinc that was 1,000 times more potent than necessary when a physician prescribed 700 milligrams instead of 700 micrograms.

Pharmacy Error Cover-Ups May Put Maryland Patients at Additional Risk

March 5, 2020 | Lebowitz & Mzhen

Pharmacists in Maryland and across the nation have an incredibly important job. However, pharmacists are human, and they make mistakes. When they are stressed, tired, distracted, or spread too thin, they may make careless errors while filling prescriptions, or ignore safety procedures in the interest of time or convenience. A recent New York Times article shows that, while some of these errors are self-reported by employees, it turns out that Walgreens—a leading pharmacy used by many Maryland residents—had been covering up these errors and information about them.

According to the New York Times, pharmacy employees told consultants about the errors—how they were tied to stress, and sometimes involved ignoring safety procedures—but the senior leaders at Walgreens told consultants to keep that information out of their presentation. The director of pharmacy and retail operations, for example, had instructed them to delete a bullet point mentioning the issue. Another senior leader removed an entire slide from the presentation, which included various findings, including instances where pill bottles contained more than one medication.

This cover-up harms patients, who are routinely being harmed by pharmacy errors related to understaffed and chaotic workplaces. Pharmacists may very well be doing their best to fill prescriptions, give flu shots, answer the phone, and tend the drive-through during their shifts, but many pharmacies employ too few employees in an attempt to cut costs, meaning that in the hustle and bustle something gets lost. Adding to the problem are the corporate performance metrics pharmacists must try to meet, which incentivize speed over safety.

Pressure on Maryland Pharmacists Putting Patients at Risk, Pharmacists Say

February 19, 2020 | Lebowitz & Mzhen

Pharmacists at the country’s biggest retail chains have written letters to state regulatory boards in recent months alerting them to what they claim are chaotic workplaces that put patients at risk, according to a recent article. The pharmacists say that the pressures put on them require that they give shots, answer phones, mange drive-throughs, take payments, and make calls in addition to filling prescriptions and counseling patients. They say that these demands in addition to meeting corporate metrics are making their jobs unsafe for patients. According to the article, surveys of pharmacists in Maryland and other states reveal that they “feel pressured or intimidated to meet standards or metrics that may interfere with safe patient care.”

For example, internal documents from CVS showed that staff members were supposed to persuade 65 percent of patients that were picking up prescriptions to sign up for automatic refills, 75 percent to have their doctor contacted for a proactive refill request, and 55 percent to switch from a 30-day supply to a 90-day supply.

One pharmacist wrote that they were a “danger to the public” in a letter to the Texas State Board of Pharmacy. Another said the situation is “absolutely dangerous” to patients. Such pressures have led to mistakes they say, including misfills. Some mistakes have led to devastating results, including dispensing a cancer drug instead of an antidepressant, leading to the woman’s death after six days of taking the medication, which allegedly led to organ failure. The family was offered a settlement in that case.

Medication Mix-Ups in Maryland Can Have Lasting Consequences

January 6, 2020 | Lebowitz & Mzhen

A recent tragic case of a wrong prescription given to a patient illustrates the potential dangers and long-term consequences of Maryland pharmacy errors. According to a local news report covering the incident, the patient was suffering from an eye infection in November 2018, and he was prescribed Tobramycin-Dexamethasone, which are eye drops to treat infections. However, after five days of putting the drops into his eyes, the patient realized that it was not the right medication.

Looking at the back of the box given to him, he noticed that it said “for ears only.” As it turns out, the pharmacy had given him Neomycin and Polymyxin B Sulfates and Hydrocortisone Otic Solution, which are ear drops, used to treat ear infections. These drops should never be put into eyes and can have long-term consequences.

After discovering the mistake, the patient went to the emergency room and saw an emergency ophthalmologist. At this point, his eyes were swelling severely and were bright red. Unfortunately, almost a year later, the patient is still suffering from the error. The glands behind his eyelids are clogged up, forming pimples and causing him pain. He has been taking medication to treat this condition and may require surgery in the future.

Lax Reporting Requirements May Be Behind the High Number of Maryland Pharmacy Errors

December 27, 2019 | Lebowitz & Mzhen

After a patient is prescribed a medication by their doctor, they assume that the medication provided by the pharmacy will help their condition. However, statistics show that there are a frightening number of pharmacy errors each year. Indeed, according to the World Health Organization, it is estimated that nearly 50 percent of all patients will experience a pharmacy error at some point in their life.

As is the case with most accidents, there are several causes of pharmacy errors. One cause that has garnered significant attention over the past few years is the lax reporting requirements following a pharmacy error. In most states, including Maryland, a pharmacist who discovers that he made an error is not required to report the error. It is only in certain, limited situations that the error must be reported. Experts believe that implementing stricter reporting requirements may bring to light common errors, as well as ways to improve patient safety.

Some states are working to create stricter pharmacy error reporting requirements. According to a recent news report, Ohio lawmakers recently passed a law requiring pharmacists to report prescription errors that harm or kill patients because of reckless behavior or unprofessional conduct. In determining whether to pass the law, lawmakers reviewed data suggesting that there were two deaths and 31 cases of serious injuries in the state over just the past four years. Under the new law, a pharmacist’s failure to report an error could result in disciplinary action, a suspension of their license, required additional coursework, monetary fines, and potentially the revocation of the pharmacist’s license.

Is There a Risk to Getting the Flu Shot in Maryland?

November 26, 2019 | Lebowitz & Mzhen

With flu season approaching, many individuals across Maryland are headed to get their flu shots to try and protect themselves, their families, and their communities. Indeed, getting a flu shot is typically one of the safest and healthiest things you can do. Unfortunately, however, getting any shot, including the flu shot, always comes with some risks. Sometimes medical professionals may make a mistake, or pharmacy mishaps can happen, leading to individuals getting injected with the wrong medicine.

For instance, ten individuals were hospitalized earlier this month when they were given the wrong shot. According to a local news report covering the incident, a group home for developmentally disabled individuals brought in health professionals to give flu shots to residents and staff, to protect the home from the flu as much as possible. However, the vial containing the flu vaccine actually contained insulin, and the insulin was mistakenly injected into patients. As a result of the mix-up, ten people had to be transported to the hospital.

This tragic story highlights that, unfortunately, even well-trained medical professionals can make, or be a part of, a pharmacy mistake. According to the police, the person giving the shots at the group home had been practicing pharmacy for 40 years. Authorities are still not sure how the mix-up happened, but as of right now believe it to be a terrible mistake.

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.

Are Patients Who Use Mail Order Pharmacies at Greater Risk for a Maryland Pharmacy Error?

November 5, 2019 | Lebowitz & Mzhen

Most people fill their prescriptions at a local pharmacy. However, over the past decade, more patients have begun to use mail-order pharmacies to fill their prescriptions. For many, mail-order pharmacies offer convenience and, for some patients, medication may be available at a lower cost. However, mail order pharmacies also present certain risks to patients. Indeed, there are hundreds of Maryland medication errors resulting from the negligence of mail-order pharmacies.

Not surprisingly, given the seriousness of the substances they deal with, pharmacists have a legal duty to their patients to accurately fill prescriptions and provide sound advice regarding the provided medication. Common types of errors include giving patients the wrong medication, dose, or incorrect instructions for how to take the medication. When a pharmacist makes an error that adversely affects a patient’s health, the pharmacist may be liable for the patient’s injuries.

Recently, the family of a woman who died as a result of taking unprescribed medication filed a lawsuit against the mail-order pharmacy that filled the woman’s prescription. According to a recent news report, the error occurred back in 2013, when the 74-year-old patient was sent medication she thought to be for her various conditions, including high blood pressure, diabetes, kidney dysfunction and a history of strokes. However, as it turns out, the pharmacy sent the woman six prescriptions that were meant for another woman.