Pharmacy Error Injury Lawyer Blog

What Damages Are Available After a Maryland Pharmacy Error Injury?

June 5, 2020 | Lebowitz & Mzhen

For those that have suffered an injury because of a Maryland pharmacy error, there several different types of damages that may be recoverable if they are successful. Damages in a Maryland personal injury case are generally divided into two categories. The first, special damages, are economic damages. These are typically the out-of-pocket expenses that a plaintiff incurs because of the incident. Special damages often include medical treatment, lost income, and future expected costs and lost income, and others depending on the scenario. The second, general damages, are non-economic damages, as well as other types of damages. These generally do not have a fixed monetary value. General damages often include pain and suffering, which involves the physical and emotional distress the victim suffered, as well as loss of consortium and “other nonpecuniary injury.”

In some cases, punitive damages may be available. Punitive damages can be challenging to prove, because a plaintiff must prove that the party at fault had actual knowledge of the wrongful conduct. Punitive damages ate intended to punish the defendant and to stop others from engaging in such behavior.

There is a cap on non-economic damages in Maryland injury cases. The cap increases each year on January 1 of each year by $15,000. As of January 1, 2020, the non-economic damages cap is $830,000. More can be recovered in wrongful death cases with two or more claimants or beneficiaries. Earlier this year, a Maryland appeals court upheld the non-economic damages cap, finding that it did not interfere with the role of the jury in jury trials.

Maryland Pharmacy Errors Involving COVID-19 Drug, Remdesivir

May 25, 2020 | Lebowitz & Mzhen

Since early March, the COVID-19 pandemic has affected hundreds of thousands of Americans, including many Maryland residents. According to the Maryland Department of Health, there have been over 45,000 confirmed cases of COVID-19 in the state, although many other cases are probably unreported due to lack of widespread testing. At its worst, the illness requires hospitalization and medical treatment, and doctors and medical professionals have been working hard to treat patients as best they can. But a new report from the Institute for Safe Medication Practices (ISMP) sheds light on the concern of medication and pharmacy errors going on as doctors treat the pandemic.

According to the ISMP’s report, in the latest edition of its weekly Acute Care Medication Safety Alert, an unidentified hospital overdosed multiple COVID-19 patients due to confusion over drug labeling. The drug, Remdesivir, is an experimental treatment being used in a clinical trial for severe COVID-19 patients. The ISMP reported that the vials of the drug, however, were not clearly labeled, and that the information on it was crowded and in a small font. Exacerbating the confusion was the fact that the hospital stocked two different versions of Remdesivir, a powder and a solution, each 100 mg of the drug. The second vial was labeled 5mg/mL. These errors and confusion were not caught by the pharmacy technicians or the pharmacists, and eight patients were administered doses way above the standard.

While no adverse reactions or side effects had been reported when the ISMP’s report was published on May 14, delayed reactions may still occur, threatening the already ill patients’ health. But the story also sheds light on a potentially larger problem—overworked hospital staff, working around the clock to care for large numbers of COVID-19 patients, may be unusually fatigued, rushed, and distracted, making pharmacy errors such as this one more likely to occur. Even the smallest pharmacy error can have disastrous consequences—mixing the wrong drugs or giving an overdose can cause severe illness, injuries, or even death.

New Article Sheds Light On Maryland Medication Errors

May 19, 2020 | Lebowitz & Mzhen

A recent article written by two medical professionals sheds insight into how and when prescription errors occur. According to the article, 7,000 to 9,000 people in the United States die each year as the result of a medication error. In addition, hundreds of thousands of other patients experience an adverse reaction or some other medical complication related to a medication. As we’ve written about before, these pharmacy and prescription errors can cause severe and life-threatening injuries to Maryland patients, so it is essential to be aware of them.

The article discusses the various types of medication errors. While doctors and pharmacists generally do a great job, sometimes errors do occur. A doctor might make an error when prescribing, for example, and may prescribe the wrong drug or the wrong dose. Pharmacists may give the medication to the wrong patient or accidentally tell the patient to take the medicine twice a day instead of twice a week.

These errors have three leading causes, as identified in the article. First, distraction, which accounts for nearly 75 percent of medication errors. Medical professionals are often busy and have many duties in a hospital. While speaking to patients, examining lab results, and ordering imaging studies, for example, they may be asked to quickly write a prescription. In these cases, when the job is done in haste, a medication error may occur—even with the best doctor. Second, distortion. Sometimes a doctor will prescribe a drug but use a symbol not widely recognized, or it will be translated improperly, and the actual drug administered will be slightly off. Last, illegible writing, as simple as it sounds, also leads to medication errors- a pharmacist may be unable to read what the prescription says and may thus use their best judgment and then administer the wrong medication.

Critical Strategies for Reducing Maryland Pharmacy Errors

May 13, 2020 | Lebowitz & Mzhen

When people experience medical issues, they will, understandably, rely on healthcare professionals to provide them with appropriate treatment. Individuals should expect that their medical providers quickly and accurately diagnose them and prescribe the correct treatment and medication. When someone suffers injuries after taking the wrong medication or dosage, the provider or pharmacist may be liable under Maryland’s medical malpractice laws. Although mistakes can happen, medical providers have a duty to provide their patients with necessary and appropriate medical care. The failure to provide a patient with correct medication can lead to serious and life-threatening illnesses.

About 20 years ago, the Institute of Medicine released its “To Err is Human” report, highlighting the importance of building a safer health system. However, medication errors continue to be a serious risk for patients throughout Maryland and the United States. As the report suggests, pharmacists play a critical role during the prescribing, dispensing, and administration of medication, and they must take steps to prevent medication errors. A recent news report summarizes some of the most crucial steps pharmacies can take to reduce the likelihood of a Maryland pharmacy:

Organize the pharmacy: The inherent fast-paced and intense nature of pharmacies can result in disorganized and chaotic work spaces. Pharmacists should have a system in place to ensure that patients’ prescriptions and medications do not become lost or misidentified. The Institute for Safe Medication Practices (ISMP) advises that pharmacies use consistent systems, such as bins or baskets, to separate different patients’ prescriptions and medications.

The Centers for Disease Control Issues Guidance for Pharmacies, But What if Maryland Pharmacies Do Not Follow It?

May 5, 2020 | Lebowitz & Mzhen

The novel coronavirus or COVID-19 has drastically impacted life for Maryland residents and businesses. Pharmacies across the state and the nation have been particularly affected. Pharmacies are a vital part of the healthcare system and have needed to remain open during the pandemic. However, if pharmacies are not careful, they may be doing more harm then good, by contributing to the spread of COVID-19 and causing more and more Americans to fall ill.

The Centers for Disease Control and Prevention (CDC) have been regularly updating guidance for pharmacies on their website. The guidance recommends that everyone entering the pharmacy should wear a face mask or covering, regardless of whether or not they have symptoms. This includes both customers and pharmacists. Also, pharmacists are encouraged to limit contact with customers as much as possible, by maintaining a social distance of at least 6 feet, placing the prescription on the counter for them to pick up instead of handing it directly to them, and using hand sanitizer frequently.

Importantly, the guidance also advises pharmacies to ensure that staff who are sick stay home. Pharmacists and other staff members may come to work even when they have a fever or other COVID symptoms, including body aches or a cough. While they may not want to work while sick, their employer may not have an adequate sick leave policy, and employees may fear losing their job if they request time off. Now more than ever, pharmacies need to ensure that they create policies that allow their employees to stay home when sick, and then encourage their employees to take advantage of these policies.

12,000 COVID-19 Test-Kits Recalled, Even as Maryland Faces Test-Kit Shortage

April 27, 2020 | Lebowitz & Mzhen

Over the past two months, the COVID-19 pandemic has drastically changed the lives of individuals across the country, including Maryland residents. Experts say that in order to flatten the curve and beat the pandemic, more widespread testing is needed. Since the beginning of this crisis, test kits have been sparse, with many residents unable to get tested even if they feel ill. While there certainly is a need for more test-kits across the country, a recent story out of Washington state highlights that the need may be even greater than previously thought, as distributed test kits are being recalled for possible contamination.

According to a local news report, the Washington State Department of Health distributed 12,000 test kits to local health jurisdictions, tribal nations, and state agency partners across the state. However, the Department is now recalling these kits, after being alerted by the University of Washington Medicine that there may be possible contamination and a quality issue with them. The specific issue affects the viral transport media, which is the fluid that preserves the individual’s specimen as the test is transported. Healthcare workers noticed the issue when seeing that some vials of the transport media were an unusual color. While this issue is not at this time thought to pose a health risk to patients, the tests are still be recalled in an effort to be as safe as possible when dealing with this potentially deadly virus.

Washington state is working to replace the recalled tests as quickly as possible, but the recall comes at a terrible time, as the entire country is in dire need of tests. While it is still unclear how long this pandemic, or the related stay-at-home orders, will last, what is clear is the immense burden placed on health care workers and facilities, who are struggling to keep up with the increasing rates of infection. Unfortunately, this may mean that there is an increased risk of pharmacy errors or medical accidents occurring, which can result in catastrophic effects for Maryland patients.

Will Maryland See a Drug Shortage During the COVID-19 Pandemic?

April 20, 2020 | Lebowitz & Mzhen

The COVID-19 pandemic has affected almost all aspects of society for most – if not all – Maryland residents. Since the beginning of the crisis, necessary supplies have been in short supply. Indeed, healthcare workers have been forced to re-use supplies that are designated for a single-use and even rig their own masks because supplies were so low.

Among the newly raised concerns is a potential shortage of drugs that are needed to operate ventilators. Ventilators are machines that help those with COVID-19 breath while they are unable to do so themselves. According to a recent news report, when a patient requires a ventilator, a doctor or nurse must place a tube down the patient’s throat. To do so, medical staff need to give the patient sedative medication, pain killers, and, in some cases, medication to induce temporary paralysis. Evidently, in a letter to Vice President Pence, a spokesperson for the American Society of Health-System Pharmacists explained that ventilators “will be rendered useless without an adequate supply of the medications.”

The concern is that some hospitals are seeing demand for these drugs surge upwards of 600 percent. Part of the problem is that hospitals are attempting to secure a supply of the medication before they actually need it.

Are Pharmacy Vending Machines Coming to Maryland?

April 13, 2020 | Lebowitz & Mzhen

Technology is a crucial component of the healthcare industry. Not only do advancements in technology help pave the way for new medications and treatments, but they also lead to the development of new processes that may reduce the risk of a Maryland pharmacy error.

Recently, we wrote about pharmacist burnout being a significant contributor to Maryland pharmacy errors. While pharmacists typically work long hours, that is especially the case with the ongoing COVID-19 crisis. Thus, the issue of pharmacist burnout is a topical one in need of a solution. According to a recent news report, some experts are suggesting that pharmacists use vending machines to reduce the instances of errors.

While some countries have used vending machines for over-the-counter medications, for the most part, the United States has yet to do so. According to a proponent of the idea, vending machines could be stocked with common over-the-counter and prescription medications. The WIFI-enabled machine would have its own address to which physicians could e-prescribe medication. After a physician prescribed a medicine, the patient would go to their local pharmacy, type in their information, and receive the medication. Proponents of the vending machines agree that while some prescription drugs would be included in the machines, controlled substances would only be available through the pharmacist.

The Disastrous Consequences of Maryland Medication Errors

April 7, 2020 | Lebowitz & Mzhen

Many individuals across Maryland rely on medication to keep them healthy, or even alive. This medication is crucial, and typically must be taken regularly and in the correct dosage or significant health concerns or even death could occur. Unfortunately, for those who rely on others to handle and administer their medication, they may suffer from medication errors unbeknownst to them. This is especially true for elderly patients, who are more likely to require certain drugs to combat health problems and also more likely to have a caretaker administering said medication.

Often, caretakers administering medications to the elderly do a good job and keep the patient healthy, safe, and on schedule. However, like all human processes, there is room for error, and accidents can and do occur. Unfortunately, mistakes in this process can be deadly. For example, an 87-year-old woman relying on caretakers to give her her daily medication, recently died from a gastrointestinal bleed and stroke. According to a report covering the incident, an investigation of the victim’s death found that her caretakers had given her the wrong medication, four times a day, for two and a half days. While the incorrect medication did not cause her stroke and bleeding, the lack of her correct medicine did, and the victim suffered a tragic death as a result of the mistake.

This case highlights the extreme consequences of medication errors, especially when patients are elderly and rely on caretakers to properly administer their medications. In addition to the problems caused by missing the correct medication, patients may also suffer significant side effects, injuries, or even death caused by the incorrect medication. When this occurs, the results are disastrous and potentially deadly, and nothing can undo the damage done by seemingly simple errors.

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.