Pharmacy Error Injury Lawyer Blog

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.

Court Rejects Defendant’s Claim that Plaintiff’s Case Was Filed Too Late

November 30, 2018 | Lebowitz & Mzhen

After any Maryland pharmacy error, one of the first things to consider is when a claim must be filed. A plaintiff’s failure to file a lawsuit within the allowable time will likely result in the dismissal of the claim. In a recent decision in a pharmacy error case, the judge considered whether the plaintiff’s lawsuit was filed on time.

The Facts

According to a local news report discussing the recent decision, the 90-year-old patient had a prescription filled at a pharmacy and suffered an overdose. The woman’s son alleged that she was given an excessive amount of her prescription. A pharmacy assistant allegedly prepared the medicine to be taken once a day instead of once a week as prescribed.

Evidently, the pharmacist noticed the error before the prescription was dispensed and told the assistant to remove the extra tablets. However, the assistant left excessive tablets in the blister packages, and the pharmacist did not check the packages. The patient was admitted to the hospital a few weeks later, and subsequently died from an “acute overdose of medication,” according to the medical examiner’s report.

As Pharmacies Stop Offering Free Delivery of Medication, Errors May Increase in Maryland and throughout the US

November 20, 2018 | Lebowitz & Mzhen

Over the past decade, many pharmacies began to offer free shipping to encourage patients to order their prescriptions online, over the phone, or through the mail. It seems pharmacies hoped that by decreasing foot traffic in their brick-and-mortar locations, they would be able to reduce their labor costs and run more efficiently. After offering free shipping for several years and developing a consistent number of online orders, pharmacies are now doing away with free shipping.

Some experts point out that as pharmacies begin to charge for shipping again, patients will no longer order their prescriptions online and will head into the pharmacy to obtain their medication. According to a recent industry news report, experts noticed an increase in the rate of pharmacy errors over the past few months, which correlates with the abolition of free shipping. If you believe a pharmacist has erred in your prescription, reach out to a Maryland pharmacy error attorney.

Experts argue that the sudden and perhaps unexpected increase in foot traffic in retail pharmacy locations is creating a busy workplace for pharmacists, who feel increased time pressure to fill patients’ prescriptions promptly. The experts point out that roughly half of all prescription errors occur in the retail pharmacy setting, and one of the primary reasons for this is because pharmacists are overworked. Indeed, most of the causes of a prescription error can be traced back to a lack of diligence or attention, which is often due to the heavy burden placed on individual pharmacists.

New Technology Aims to Address the Danger of Prescription Errors in Maryland and throughout the United States

November 15, 2018 | Lebowitz & Mzhen

Prescription errors are all too common in the United States. Pharmacists and doctors are human, and like everyone else they make mistakes. Unfortunately, these errors can have devastating effects on Maryland patients. In the event of a prescription error, a patient or family member may be able to bring a claim to recover compensation for the patient’s injuries and to hold the person or entity responsible.

A patient or family member may be able to bring a medical malpractice claim, or another claim against the responsible medical professional. In a medical malpractice case, a plaintiff must show that the defendant failed to meet the requisite standard of care, or the standard the medical professional should have met in the same or similar situation.

Medical malpractice prescription error cases usually involve complex medical conditions and confusing medical records, and retaining an experienced attorney is essential. In a medical malpractice claim, a plaintiff must show that a defendant acted negligently or failed to take the appropriate actions. A plaintiff must prove four elements: the defendant had a legal duty, the defendant failed to perform that duty, the plaintiff suffered injuries, and causation between the defendant’s conduct and the plaintiff’s injuries.

More People Are Getting Flu Shots in Alternative Settings Across Maryland and the Rest of the US

November 8, 2018 | Lebowitz & Mzhen

A new study reports that flu vaccinations are occurring more frequently in alternative settings such as pharmacies, clinics, and work, as one news source reported. According to the study, patients between the ages of 18 and 64 had higher rates of early vaccination at clinics, pharmacies, and workplaces, helping to increase the number of flu vaccinations received before November 1st. Also, high-risk patients over 65 years of age reported even higher rates of early flu vaccinations at pharmacies and work. The study’s author found that there is an association between the setting where a vaccination is received and the timing, and that non-traditional vaccination settings help to increase the rates of flu vaccinations before November 1st, a deadline set by the Centers for Disease Control and Prevention (CDC).

According to the CDC, the 2017-2018 flu season was particularly severe, It was reported that an estimated 80,000 Americans died from the flu and its complications. These numbers included 183 pediatric deaths. It was the highest rate of death from the flu in the past four decades. The CDC recommends getting the flu vaccination as early as possible because it takes about two weeks after receiving the vaccination for the antibodies that protect against the flu to develop in the body.

Liability of Flu Shot Providers in Maryland Pharmacies and Other Alternative Settings

As more individuals in Maryland and throughout the country receive flu shots in alternative settings, providers can still be held liable for errors in dispensing the vaccine. Although many vaccinations are administered without issue, mistakes can occur, even in a routine procedure like the administration of a flu shot. For example, the incorrect dosage may be administered, a needle may be mistakenly used more than one time, side effects may not be disclosed, or the wrong vaccination may be administered. In the event of an error, some individuals may be able to bring a medical malpractice claim to recover compensation for the injuries they sustained.

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.

The Dangers of Pharmacists Double-Filling a Patient’s Prescription

October 15, 2018 | Lebowitz & Mzhen

This blog has covered a number of the common causes of Maryland pharmacy errors in hopes of increasing patient awareness. One common cause of pharmacy errors that has not recently been discussed is when a patient’s prescription is filled multiple times.

Most often, these errors are the results of two different pharmacies each filling a prescription and providing it to the patient. These errors are more common in mail-order pharmacies than in retail pharmacies. More often than not, these errors involve elderly patients that are prescribed multiple medications and may have a difficult time reading or understanding the numerous directions they should follow.

Patient Dies after Taking Twice the Number of Pills That Were Prescribed by His Physician

Back in 2016, an older man died from what appeared to be a medication overdose. According to a local news report covering the tragic accident, the man was prescribed medication to control his heart, liver, and anxiety-related conditions. The medications were provided to the patient in blister packs containing 108 pills each. The patient’s prescription was supposed to include a total of four blister packs.

Causation in Maryland Pharmacy Error Cases

October 8, 2018 | Lebowitz & Mzhen

Some pharmacy errors can be difficult to prove because patients are often already sick and suffering before the error. In any Maryland medical negligence claim, a plaintiff must establish the following elements: 1.) a healthcare professional owed the plaintiff a duty of care; 2.) the healthcare professional failed to meet the relevant standard of care; 3.) the plaintiff was injured as a result of that failure; and 4.) the professional’s lack of care caused the plaintiff injuries.

Proving causation means showing that the plaintiff was injured as a result of the professional’s breach of the standard of care. Simply showing that a healthcare professional did something wrong is not enough—a plaintiff must also show that the act caused the plaintiff’s injury.

The plaintiff has to prove causation by showing that it is “more probable than not” that the professional’s negligent act caused the plaintiff’s injury. This can be tricky if the patient was already suffering from health issues, or if there may have been more than one cause of the injury, for example. In a medical error case, there is almost always an underlying issue that caused the patient to receive medication, and patients often have multiple issues and several care providers. A recent study discussed some common medication safety risks in health care.

Experts Warn Against Physicians Texting Prescriptions to Pharmacies

October 1, 2018 | Lebowitz & Mzhen

Given the prevalence of smartphones in today’s society, as well as the fact that doctors entering the medical field today are much more likely to be tech-savvy than ever before, it is no surprise that some doctors are relying on text messaging to deliver prescriptions to pharmacies. However, some experts are concerned that prescriptions that are sent in by text message may result in a higher overall rate of pharmacy errors.

According to a recent industry news report, while texting provides some potential benefits to physicians and pharmacists alike, the medical field is not yet prepared to safely implement the practice. The article outlines several errors that are more likely to occur when a physician texts – rather than calls, faxes, or electronically submits – a prescription.

First, physicians who use text messaging to submit a prescription bypass all clinical decision-making support offered by electronic-prescribing systems. Electronic-prescribing systems show providers relevant portions of a patient’s medical record and alert prescribers to a potential adverse reaction as well as the possibility of a better-suited medication.

Three Common Causes of Prescription Errors in Maryland and Nationwide

September 24, 2018 | Lebowitz & Mzhen

The increasing number of Maryland pharmacy errors has drawn attention not just from within the industry but also more broadly from the media and lawmakers. As the population grows and pharmacies take on more patients, the number of prescriptions filled per day continues to grow exponentially. With limited space and the pressure to keep costs down, pharmacies often have a difficult time staffing enough pharmacists and technicians to safely fill patients’ prescriptions.

This is not to say that being busy is an excuse to commit an error. It isn’t. In fact, regardless of how busy a pharmacist is, how long they have been on a shift, or how many prescriptions they have filled in any given day, pharmacists always have a duty to ensure that the prescriptions they fill are accurate.

A recent industry news source discusses several common errors that are seen in pharmacies across the country. As is the case with most errors, these are based on a lack of communication, problems with data management, and issues with conveying important and technical information quickly.