Pharmacy Error Injury Lawyer Blog

Understaffing at Pharmacies May Affect Maryland Patients

November 11, 2021 | Lebowitz & Mzhen

When customers pick up medicine at the pharmacy, they should have a reasonable expectation that the pharmacists dispensing your prescription are well trained, proactive, and detail-oriented so that your medication is filled properly and correctly. What happens, however, when pharmacies are unable to provide patients with the high-quality care they deserve and wrong medications or doses put patients at risk for injury or death?

According to a recent news report, understaffing at various pharmacies has placed various patients at risk and has raised concerns about patient safety. After a pharmacist at a particular pharmacy gave a patient a hundred extra doses of a powerful prescription opioid and gave another patient an antibiotic that landed them in the hospital because of a known allergic reaction, there has been increased scrutiny on chronic understaffing and unsustainable workloads prevalent in pharmacies. One pharmacy chain, in particular, received a $427,000 fine after an investigation found that basic protocols were not being followed.

Because pharmacies, especially those that operate at high volume locations, are responsible for filling anywhere between 500 to 1,000 prescriptions a day, can receive upwards of ten phone calls at a time, and operate drive-thrus and in-store services such as medication counseling and flu vaccines, many pharmacists and technicians report being overworked and under-supported, leading to mistakes.

New Technology Could Reduce Inpatient Medication Errors in Maryland

October 31, 2021 | Lebowitz & Mzhen

Maryland medication errors can occur due to a number of issues in the process of prescribing, ordering, preparing, and administering medication. These issues may include errors in the process of prescribing a medication due to the medication type, dosage, or based on the patient’s history due to an adverse interaction with another medication or a preexisting condition. Issues can also occur in the process of ordering the medication based on an unclear prescription, such as confusion over the dosage or quantity. There can also be errors in preparing and packaging the medication due to contamination, similar medication names. Even if everything is done correctly, a correct prescription and medication may be given to the wrong patient.

An article was recently released concerning inpatient pharmacy errors and the work being done to try to mitigate the occurrence of medication order errors in that setting. According to the article, “Medication order errors are a significant, and preventable, public health problem.” The article went on the say that although the use of electronic health records had reduced medication order errors, at the same time they electronic records have introduced new sources of error having to do with the interaction between the healthcare provider and the system. Researchers explained that incoming pharmacy orders should be reviewed by hospital-based clinical pharmacists, but the ordering of medications can be impacted by alert fatigue, which can lead to medical errors. Researchers are attempting to address these issues by developing a machine that can identify medication orders that require pharmacy intervention based on clinician data instead of relying on patients’ medical records. They hope that the technology can decrease the workload of pharmacists and improve patient safety.

Can Patients Sue a Pharmacy After a Medication Error?

Yes, if a patient suffers an injury due to a medication error, the patient may be able to recover financial compensation by filing a lawsuit against the parties responsible for the error. The patient would have to show that the defendant had a duty of care to the patient, that the defendant acted wrongfully by acting or failing to act in some way, the defendant caused the patient harm due to the wrongful act, and the patient suffered damages. In general, such cases must be filed within three years of the date of the injury, so meeting with an experienced attorney as soon as possible is important. Expert testimony is often required in such cases to prove how the wrongful act failed to meet the standard of care required and how that impacted the victim.

Unprecedented Levels of Burnout in Pharmacies May Affect Maryland Patient Safety

October 24, 2021 | Lebowitz & Mzhen

Pharmacy staff members are reporting unprecedented levels of burnout across the country, according to one recent article. In the article, leaders in the pharmacy field explain the negative effects that burnout can have on patient safety—an impact that may be felt among Maryland pharmacy patients who may suffer from Maryland pharmacy errors. Burnout is characterized by emotional exhaustion, a low sense of personal accomplishment, cynicism, and depersonalization. It can happen in any profession, but in the pharmacy field, where it can affect pharmacists and other staff, its effect can result in increased medication errors. A 2018 study found that 53 percent of the health system pharmacists reported a high degree of burnout. One chief pharmacy office reported that record-high hospital volumes and pharmacy technician shortages have been challenges for the field. Another noted that studies have shown that burnout is linked to medical error and medication errors.

Victims of Maryland pharmacy errors can file a claim against the pharmacy or other people or entities responsible for the error. Individuals who may be liable for the error include the doctor who ordered the medication, the pharmacy technician who dispensed the medication, and the pharmacist who provided the medication. Entities may also be liable including pharmacies, healthcare groups, and hospitals. Someone who has been injured because of a medical error has to show that the defendant acted or failed to act in some way that caused the plaintiff harm. A plaintiff has to prove that it is more likely than not that the harm the plaintiff suffered was caused by the defendant’s conduct. This means that a plaintiff must prove both that the defendant’s wrongful conduct was the actual cause of the plaintiff’s harm and also that the harm that occurred was sufficiently foreseeable so that the defendant should be held liable for its wrongful conduct.

How Long Do You Have to File a Maryland Medication Error Lawsuit?

Maryland medication error lawsuits generally have to be filed within three years of the victim’s injury, though there are exceptions in some cases. Consulting with an attorney as soon after the injury is advisable though, as evidence can disappear with time and many cases require a lot of investigation prior to filing the claim—such as finding out who the proper defendants are and gathering evidence of fault and of damages. Patients who file successful medication error claims may be able to recover financial compensation for damages. Compensation for damages may include past and future medical treatment, lost wages, psychological suffering, pain, and more.

Understanding Common Pharmacy Medication Errors That Could Affect Maryland Residents

October 17, 2021 | Lebowitz & Mzhen

Many people take some form of medication on a daily basis. Whether it is a short stretch of antibiotics or a daily pill to help with your blood pressure, recipients of medications should be able to reasonably trust that their pharmacies and healthcare providers are giving them proper care. Sometimes, however, even pharmacists and professionals are prone to errors. These errors, however, can often have devastating consequences if they involve medications. Maryland pharmacies can be held accountable for the errors they make.

According to a recent report summarizing common medication errors in long-term care facilities, pharmacists are essential as gatekeepers in the proactive prevention of prescription errors. Some of the most common medication errors include issues with dispensing, delays in delivery, and expired inventory.

What Are the Most Common Dispensing Errors?

Dispensing errors in long-term facilities often include incorrect dosages, incorrect drugs, incorrect patients, incorrect routes, or incorrect times. Many times, pharmacists will mix up lookalike and soundalike drugs in pharmacies. In addition, incorrect packaging can also result in dispensing errors.

Baltimore 4-year-old Accidently Given COVID Vaccine Instead of Flu Shot

October 11, 2021 | Lebowitz & Mzhen

A 4-year-old was recently accidentally administered a COVID-19 vaccine when she was brought in to get a flu shot. According to one news article, the Maryland pharmacy error occurred when the 4-year-old girl went with her parents to a Walgreens pharmacy in Baltimore, Maryland. She was supposed to receive a flu shot but the pharmacist accidentally injected her with a dose of the Pfizer/BioNTech COVID-19 vaccine. The vaccine is not currently authorized for children younger than 12 years old and the vaccine for 5 to 11 year-olds, which is not yet authorized, only has about a third of the dosage given to the 4-year-old.

The girl’s parents did not know what to do and a nurse’s hotline and Poison Control “yielded few answers.” Researchers are still looking into the effects of COVID-19 vaccines on young children and toddlers, including at the University of Maryland School of Medicine in Baltimore. A representative from the U.S. Food and Drug Administration stated that vaccination providers are supposed to report vaccine administration errors to The Vaccine Adverse Event Reporting System, managed by the federal government.

Although no adverse effects were reported in this case, the case illustrates that other, possibly more serious, errors can occur. Medical errors and vaccine errors occur all too frequently. In the event of a Maryland pharmacy error, victims may be able to recover financial compensation for their injuries, which may include medical bills, lost wages, and other financial losses, as well as emotional suffering. In a lawsuit against the parties responsible for the error, a victim would have to show that the defendant(s) owed a duty of care to the victim, the defendant(s) failed to meet the standard of care required in that situation by acting or failing to act in some way, the defendant(s)’s wrongful act caused the victim’s injury, and the victim suffered damages as a result.

Filing a Claim After a Pediatric Medication Error in Maryland

September 30, 2021 | Lebowitz & Mzhen

Medication errors occur every day and in most recent years, they have received significant attention from the media and have been the subject of many studies. But such studies often focus on adult errors rather than pediatric errors. Children may be at greater risk because of the additional calculations and variations in medication for children. A recent study with implications for Maryland medication error victims looked at the occurrence of ten-fold medication errors in children.

According to the article, results from the study were recently released after the two-year study was conducted on pediatric ten-fold medication errors. In one case, a professional administered an unintentional ten-fold overdose to a four-year-old child. The investigation looked at medication errors not just in prescribing, but also in dispensing and administering doses. A consultant explained that there are more steps involved to calculate a children’s prescription than an adult prescription. The dosing for children is often based on weight. Sometimes another calculation needs to be to convert medicine to a liquid formula and sometimes another calculation to adjust the concentration based on the specific product that is available.

The study showed that of the ten-fold medication errors that occurred during the study, the vast majority—76 percent—occurred during the prescription phase. Another 20 percent occurred while administering the medication and 4 percent while dispensing it. The study offered solutions to decrease pediatric medication errors, such as shifting medications from liquid form to tablet form but noted that not enough is known about such errors to give a clear solution.

FDA Announces Nationwide Recall of Antibacterial Drug Following Diluent Mix-Up

September 23, 2021 | Lebowitz & Mzhen

The FDA recently announced that Azurity Pharmaceuticals (Azurity) is voluntarily recalling some batches of its medications related to a diluent mix-up. The recall may affect Maryland patients who have consumed the antibacterial medication. According to the statement, the company is recalling Firvanq and Vancomycin as certain lots of their products contain incorrect diluents.

Healthcare providers typically prescribe Vancomycin to treat clostridium difficile, commonly known as C-Diff. C-Diff is a bacterium that can cause severe diarrhea and inflammation of the colon. The bacterium causes about half a million infections every year in the United States. The medication specifically targets the bacteria responsible for enterocolitis and diarrhea. The medication package includes a bottle of the medication, a USP powder, and a flavored diluent. However, nearly 3,000 kits contained a diluent that goes with a different gastric medication. The company stated that the incorrect diluent might not completely solubilize the c-diff medication. As such, the mistake may lead to persistent diarrhea, resulting in electrolyte imbalances, dehydration, and colitis. In some severe cases, patients may suffer colon perforation that may require colectomy or lead to death. The company is urging retailers and patients to review their medications and return the medication.

Drug manufacturers, pharmacies, and healthcare providers have the duty to warn users of the risks associated with a medication or medical device. Each provider’s duties vary depending on the type of error and the relationship between them and the consumer. However, those who fail to warn a patient or consumer may be liable for related injuries or illnesses.

Lack of Medication Instructions Presents Serious Risks for Maryland Patients

September 16, 2021 | Lebowitz & Mzhen

Medications not only have to be safe but also must contain sufficient warnings and instructions so that patients will know how to use them safely. A medication’s lack of clear instructions and warnings puts patients at risk. A plaintiff may bring a Maryland pharmacy claim against a drug manufacturer for failing to warn of the dangers of taking a medication.

Do Drug Manufacturers Need to Put Warnings on Dangerous Drugs?

Unless a danger is obvious and widely known, a medication must provide adequate warnings concerning the medication’s risks, such as known side effects. Warnings must also be clear and easy to understand. The medication also must include adequate instructions on how to take the medication safely. Courts will consider the knowledge and expertise of the average consumer that uses the medication. If a medication’s instructions are not clear enough or do not contain sufficient information so that consumers will know how to safely use the medication, the instructions are not sufficient, and the manufacturer may be liable for injuries that occur as a result.

Recent Drug Recalls May Impact Maryland Patients

September 9, 2021 | Lebowitz & Mzhen

Pharmaceutical drugs are intended to treat serious illnesses and conditions. As a result, these drugs are often very powerful and carry the potential to cause severe injuries in the event of even a minor error. One common type of Maryland medication error involves recalled medication.

While most pharmaceutical drugs are manufactured according to very specific criteria, sometimes something goes wrong during the manufacturing process. It could be that a base ingredient was contaminated or the factory where the drug was created suffered some type of equipment malfunction. When a medication is not made according to the precise specifications, it can cause the medication not to work—or worse—it can cause other very serious side effects.

Recently, an industry news source reported on several drug recalls. For example, one manufacturer recalled 267 million prefilled saline syringes after finding that the plunger may pull back and introduce air into the syringe, which can cause serious adverse outcomes. Another recall, issued by the manufacturing giant, Pfizer, involved the company pulling several batches of its smoking cessation drug Chantix off the shelves after finding some pills contain elevated levels of a likely carcinogen.

Changing the Health Care System to Prevent Maryland Medication Errors

August 31, 2021 | Lebowitz & Mzhen

Medication errors are an unfortunate yet avoidable part of the healthcare system in the United States. While technology, training, and oversight aimed at reducing medication errors have improved over the years, these instances continue to occur. According to the Academy of Managed Care Pharmacy (AMCP), Maryland medication errors cost patients, consumers, and the healthcare system millions of dollars. Further, data indicate that medication errors harm over 1.5 million people each year.

Medication errors are preventable events that result in inappropriate medication use and patient harm. The events may stem from a healthcare professional’s conduct, a specific product, or a system. For instance, errors may stem from communicating prescriptions, dispensing or administration, marketing or labeling, or monitoring. Many errors stem from illegible handwritten prescriptions, missing information, incorrect drugs or dosage, orally transmitted prescriptions, or medication samples.

What Are the Causes of Medication Errors?

While advanced technology, reporting technology, and monitoring address some of the common causes of medication errors, there are fundamental issues with addressing systematic attitudes of blame and liability. Medication errors can result in serious formal punishment against the healthcare provider. These punishments can include fines, license suspension, or revocation. As a result, many healthcare providers focus on shifting blame rather than addressing the system issues that caused the error.