Pharmacy Error Injury Lawyer Blog

Electronic Prescriptions and the Path to Preventing Medication Errors

April 30, 2010 | Lebowitz & Mzhen

In yesterday’s blog, our pharmacy error attorneys in Baltimore, Maryland, discussed the rapidly growing numbers of doctors switching from hand-written prescriptions to electronic prescriptions—to create a more efficient system that helps to prevent medication errors in every step of the prescribing and pharmacy process.

The Wall Street Journal documented an example of possible prescription error with 59-year old Debbie Kenny, who was prescribed a new hypertension medication by her doctor that had just become available at the end of last year. Unknown to both Kenny and her doctor, the medication had the potential to interfere with her asthma—a dangerous side effect. Kenny consequently had trouble breathing after coming down with a cold, still not understanding the side effects of the medication.

After Kinney’s doctor started to e-prescribe the following month, the new electronic system indicated very clearly that Kinney should not be taking that particular hypertension drug, because of her asthma, and the drug’s side effects. She was promptly switched to another medication for hypertension that was compatible with her asthma. Kinney said that she feels more comfortable now with the new electronic system. If her doctor prescribes a new drug, she can ask for a clear computerized diagram of the side effects or the drug interactions before taking the medication—to avoid any personal injury.

As of last year, the Center for Medicare and Medicaid Services (CMS) was helping to promote the switch to electronic prescribing by enticing doctors and paying them a bonus for e-prescribing. As of the beginning of 2012, a stronger encouragement will appear, as CMS will begin penalizing doctors who haven’t embraced the electronic system to issue patient’s prescriptions.

Study Shows E-Prescribing Significantly Reduces Prescription Errors

April 29, 2010 | Lebowitz & Mzhen

In a recent news that our Baltimore, Maryland Attorneys have been following, doctors are reportedly increasingly leaving behind paper when prescribing medications, and depending more and more on electronic prescriptions, or “e-prescriptions”—in an effort to avoid pharmacy misfills and medication errors, along with hard-to-read doctor handwriting, or even prescription fraud, as our attorneys reported on in our last blog.

E-prescribing immediately sends the prescriptions to the pharmacy in a digital format through a secured Internet network, from a handheld device or from their computers. The doctor simply selects the drug from a computerized list, with other symbols indicating the best drug option, different dosages, and either generic or name-brand medicine, instead of hand-writing the prescription, which can lead to medication error. Some e-prescribing programs give symbols in the form of colored or smiling faces, delineating between cheapest, preferred, or less desirable drug options.

According to the Wall Street Journal, the number of e-prescriptions almost tripled last year, from 68 million in the previous year, to 191 million in 2009. Surescripts, LLC, the company that handles the majority of the electronic communications in e-prescribing, reports that this represents 12% of the 1.63 billion original prescriptions, which excludes refills. The first three months of this year showed that one out of every five prescriptions is being filed electronically—a number that is rapidly growing, as nearly 25% of doctors based in offices already have the technology to e-prescribe.

In a study published in the Journal of General Internal Medicine in February of this year, e-prescribing was found to reduce common hand-written prescriptions errors significantly, including pharmacy misfills containing the wrong dosage, or incorrect usage instructions that could lead to patient injury or even wrongful death.

Hollywood Prescription Drug Abuse —Illegal Drug Rackets and “Doctor Shopping”

April 26, 2010 | Lebowitz & Mzhen

In a blog from last week, our Washington-D.C. area Pharmacy Error Attorneys at Lebowitz and Mzhen covered the topic of illegal prescription drugs, after a Maryland pharmacist was sentenced to federal prison for selling illegal painkillers to a drug dealer—drugs that were meant to be used under the supervision of a doctor, that could lead to personal injury, drug overdose and death.

According to the Baltimore Sun, prescription drugs are currently the number one cause of death overdose in the country. The Office of National Drug Policy claims that in his past year of drug abuse, prescription pain killers now rank second, behind marijuana as the nation’s most prevalent illegal drug problem. The National Institute of Medicine reports that 20 percent of people in the United States have used prescription drugs for non-medical reasons, leading to addiction.

In a recent Hollywood tragedy, Corey Haim, star of the 80’s film The Lost Boys, died in what officials from the Los Angeles Police Department claim was an accidental overdose of prescription drugs. After an investigation, Haim’s name surfaced in connection with an illegal prescription drug ring in Southern California with the painkiller OxyContin. The drug ring was linked to as many as 5,000 prescriptions—by ordering prescription pads from authorized vendors and stealing doctors’ identities.

Prescription drug overdose has been ruling news headlines over the past few years, after deaths of high profile celebrities like Michael Jackson, Heath Ledger, Anna Nicole Smith.

Many addicts are reportedly getting their prescriptions drugs by “doctor shopping,” or going from doctor to doctor to collect prescriptions. According to the Sun, Maryland needs a system to monitor the number of prescriptions that are written for every patient, which if abused by “doctor shopping” can lead to medication error and injury. The Sun calls for Maryland Legislators to set up a drug task force to better monitor and control this drug epidemic.

Baltimore, Maryland Pharmacist Sentenced for Selling Illegal Prescription Drugs to Dealer

April 23, 2010 | Lebowitz & Mzhen

In recent Baltimore, Maryland Pharmacy Error news, a local pharmacist in Reisterstown was reportedly sentenced to six years in federal prison for illegally selling 34,000 prescription drug painkillers to a drug dealer.

Maryland’s U.S. Attorney’s office announced this month that Ketankumar Arvind Patel, a former pharmacist for the Medicine Shoppe pharmacy, was working with a drug dealer to sell drugs containing the opioid oxycodone, like OxyContin and Percocet. Patel reportedly showed the drug dealer how to write fake prescriptions with a blank prescription pad to avoid detection from the Drug Enforcement Agency (DEA), other authorities, and insurance companies.

The drug dealer went on to fill out multiple fake prescriptions in different patient names for both prescription painkillers, and Patel filled them in his pharmacy from July 2007 to March 2009. The Department of Justice claims that Patel sold around 620 prescriptions for the dealer, at around $8-$12 per 80mg pill of the drug OxyContin, and around $2-$10 per 10mg pill of the drug Percocet.

According to U.S. Attorney Rod J. Rosensten, prescription medication abuse is one of the leading law enforcement challenges, with drugs that are meant to be used under the supervision of a doctor, sold to substance abusers who become addicted to the drugs, which has become increasingly prevalent among young adults and teenagers, and can lead to personal injury or even wrongful death.

Pharmacy Error in English-Spanish translated Drug Labels and Instructions

April 19, 2010 | Lebowitz & Mzhen

In a recent study that our Maryland Pharmacy Misfill Attorneys have been following, the problem of prescription translations from English to Spanish in pharmacies nationwide is being exposed, as well as the potential for medication error with customers.

The study, published in the May issue of Pediatrics, shows that many Spanish speaking people living in the United States are receiving prescription drugs from pharmacies with labels and instructions that have been translated so poorly from English to Spanish, that they are riddled with errors, misspellings, and incorrect phrasing. The prescription medications in these cases proved to have the potential of being more of a health hazard than a health benefit to patients if incorrectly administered—which could lead to personal injury or wrongful death.

According to the study results, the prescription translation errors are occurring because of poor translation systems in the computer programs that most pharmacies depend on for Spanish to English medication translations.

The study focused on 286 pharmacies in the Bronx, New York, where a reported 44 percent of the city’s population speak Spanish. The results found that 86 percent of pharmacies provided Spanish labels and instructions that were translated by computer programs, 11 percent used staff members for translations, and 3 percent of pharmacies used a professional interpreter to translate the labels and instructions.

The researchers reportedly found dozens of incidents where the quality of the medication label and instruction translations were dangerouly inconsistent. A common problem was that the computer program translated the prescription information into “Spanglish”— a mix of English and Spanish that was hard to read and often confusing. One example of a medication translation mistake was the use of the word “once” in English, meaning “once a day” that also means “eleven” in Spanish, which could result in a possible overdose. Other instructions that were not properly translated included phrases like, “apply topically,” or take “with juice,” or “with food,” as well as the length of the drug course, like “for seven days.”

Doctors Discover Millions of Patients Got Heart Pills Unapproved by F.D.A.

April 1, 2010 | Lebowitz & Mzhen

In a recent article from the New York Times that our Washington D.C. Pharmacy Error Injury Attorneys have been following, U.S. doctors who have written over four million nitroglycerin tablet prescriptions, the drugs frequently used to reduce chest pain and stop heart attacks, have recently discovered that a large percentage of the drugs that have been sold to patients have not been approved by the Food and Drug Administration (F.D.A.) for sale, safety, or effectiveness.

According to the article, many doctors have recently discovered that their patients were given unapproved heart medication tablets, and they are unable to know whether the patients have experienced suffering, or any unnecessary personal injury as a result of the unapproved drugs. Dr. Harry M. Lever from the Cleveland Clinic claimed that if angina patients took nitroglycerin tablets that were possibly ineffective or substandard, they may not experience a diminishing of the pain, and the heart problem could lead to a heart attack, or wrongful death.

Nitroglycerin is regularly prescribed for relieving chest pain that comes with coronary artery disease. When the tablet is placed under the tongue, the medicine dissolves into the bloodstream quickly and dilates the coronary artery, which can decrease blood pressure slightly and reduce the heart’s exertion. When patients take nitroglycerin at the first signs of chest pain, cardiologists claim that heart attacks can be prevented.

The F.D.A. sent letters last week to two major nitroglycerin drug makers, Konec Inc., and Glenmark Generics Inc., warning them that they must stop selling the unapproved drugs. Although the F.D.A. claims that it has not examined the quality of the unapproved nitroglycerin products in question, it does have documented problems of other nitroglycerin products in the past.

AHRQ Tips for Preventing Medical Mistakes with Children

March 30, 2010 | Lebowitz & Mzhen

In yesterday’s blog, our Baltimore, Maryland Medical Mistake Attorneys discussed leading causes of medical mistakes with children in this country, and important ways to prevent medical errors from happening.

According to the Massachusetts College of Pharmacy and Allied Health Sciences, 88% of medication errors involve the wrong dosage or incorrect drug. The Agency for Healthcare Research and Quality (AHRQ), the lead Federal agency that supports research to improve the quality of healthcare, addresses the importance of patient safety and the cause of many medical errors in a recently published press release.

In the press release, the AHRQ addresses the large problem of medical mistakes with children in this country, and gives parents and guardians tips on how to prevent these medical errors from happening with children, to avoid personal injury.

According to the AHRQ:

• Being involved in your child’s healthcare is the most important way to prevent medical errors or pharmacy misfills. The AHRQ stresses that it is extremely important for parents or guardians to take part in every decision that is made regarding the healthcare for a child.

• Make sure that your child’s doctors know every detail regarding the history and statistics (height and weight) of your child, every prescription, all over the counter medications, and any vitamins or dietary or herbal supplements, as well as any known allergies to any medication.

• At least once a year, bring a bag of everything your child is taking and go through each one with the doctor to ensure that there is no problem or conflict with any medication.

• Make sure you can read every prescription that the doctor writes. Double check the name and dosage, or if there is any question, have the doctor re-write the prescription in capital letters, printing the name of the drug and the dosage. If you can’t read the doctor’s handwriting, chances are the pharmacist will not be able to either.

Keeping Children Safe—Eliminating Mistakes from the Children’s Healthcare Industry

March 29, 2010 | Lebowitz & Mzhen

In our last blog, our Maryland Attorneys from Lebowitz and Mzhen Personal Injury Lawyers, discussed a recent pharmacy misfill, where an 8-year old boy received the wrong dosage of a medication that could have caused the child serious personal injury or even wrongful death.

According to the Agency for Healthcare Research and Quality (AHRQ), medical errors are one of the leading causes of injury and death in this country. The AHRQ reports that in a recent study, rates for potential adverse drug events in hospitals were three times higher with children than adults, with an even higher rate for infants in intensive care units.

The National Coordinating Council for Medication Error Reporting and Prevention, (NCCMERP), estimates that nearly 98,000 people experience death from medical errors that occur in hospitals every year. Medication errors can happen at any point in the healthcare process and system and can result in injury—from miscommunication with doctors, to prescribing the drug, dispensing drugs at the pharmacy, or in the administering or the process of monitoring the drugs.

The AHRQ recommends that single most important way to prevent medical errors from happening to your child, is to be an active participant with the healthcare team that is caring for your child. Research shows that parents who are involved in all aspects and decisions of a child’s care experience better and safer results.

Eight-Year Old Injured After Pharmacy Error and Prescription Misfill

March 22, 2010 | Lebowitz & Mzhen

In a blog from last week, our Maryland Pharmacy Misfill Injury Attorneys discussed a recent case involving a victim of prescription error involving a patient who was given the incorrect dosage of blood thinners and suffered a massive stroke—leading to her wrongful death.

In related news, our lawyers have been following the recent case of an eight-year old boy, who was immediately hospitalized after a pharmacy error resulted in the boy receiving medication that was ten times stronger than his original prescription.

According to an ABC news article, Jessie Jordan, an 8-year old child from Grand Tower, Illinois, was on medication to treat his Attention Deficit Hyperactivity Disorder (ADHD). The doctor reportedly suggested adding a two-milligram dosage Abilify to his medication list—a drug used to help manage depression and schizophrenia in adults, that the doctor felt could improve his moods.

When the pharmacy filled the prescription for Jordan, they reportedly gave him twenty milligrams of Abilify instead of two—ten times more than the prescribed dosage. Jordan’s father claimed that once he began the medication, he experienced shaking that was uncontrollable, his blood pressure went through the roof, and he experienced delirium. He was taken to the hospital, and according to the news report, the extent of the physical damage and personal injury won’t be known for another month or so, until the child can eliminate from the powerful drug in his body.

Wrongful Death Award Upheld—Walgreens to Pay Family $33 Million in Damages

March 15, 2010 | Lebowitz & Mzhen

In recent news that our Baltimore, Maryland Pharmacy Error Attorneys have been following, an appeals court has upheld a decision in favor of the family who was awarded $33.3 million in a wrongful death lawsuit on behalf of Deane Hippely, who died in 2007 after a Walgreens Pharmacy technician reportedly made an error in her prescription medication that was treating her breast cancer.

According to the lawsuit, Beth Hippely, a mother of four children from Lakeland, Florida, was diagnosed with breast cancer in 2002, and was given an 88 percent chance of a full recovery. Her recovery treatment plan included chemotherapy, radiation and prescription drugs.

One of the drugs that Hippley was given to treat her breast cancer was a 1 milligram tablet of Warfarin, a blood thinner. When Hippely took her prescription for Warfarin to be filled at the local Walgreens she was mistakenly given 10 milligrams of the drug, by a teenage pharmacy technician who reportedly had little experience.

After a few weeks of taking the wrong dosage of medication, the pharmacy error reportedly caused Hippley to suffer from a stroke, resulting in a brain hemorrhage that caused her personal injury, physical pain and paralysis, forcing her to stop her necessary cancer treatments. She died in January of 2007 before the lawsuit went to trial.