Medication Error Lawsuits

At Trustwell Law, we have access to the expertise, resources, and manpower to fully investigate each case and fight for and with our clients to get the justice they deserve. Our experienced attorneys take a personalized, compassionate approach. We cut through the legalese and partner with our clients.

Circumstances and Causes of Medication Errors

Medication errors are, at their root, human errors, so there will always be a chance of medication mistakes being made in doctors’ offices, in hospitals, or by pharmacies. Studies have found that giving the wrong drug or using the wrong route of administration accounted for about 16 percent of medication errors, and almost half of fatal medication errors occurred in people over 60 years old. Also, about 30 percent of hospitalized patients have at least one discrepancy when their discharge medications are reconciled.

There are some recurring and identifiable causes for medication errors, and circumstances at some chain pharmacies have been uncovered that undoubtedly contribute to such errors.

The most common circumstances and reasons for medication errors are:

• Illegible handwriting
• Wrong drug selection on a computer drop-down menu
• Errors in dosing units or weight
• Incorrect use of medical abbreviations
• Confusion due to similarly named drugs
• Confusion due to similar drug packaging
• Failure to clearly communicate drug orders between health-care personnel
• Failure to list and consider all a patient’s current drugs and medical history when prescribing a medicine(s)
• Problems with Electronic Medical Records (EMR) systems
• Failure to enact and follow pharmacy protocols

Huge pharmacy chains such as CVS Health, Walgreens, and Rite Aid fill billions of prescriptions in the U.S. In fact, they represent more than half the market share of the $440-billion pharmaceutical industry. But reports in The New York Times (NYT) in early 2020 found that many pharmacists at Walgreens and CVS report chaotic, understaffed workplaces and extreme pressure to meet corporate sales goals—a breeding ground for medication mistakes. NYT reporters found that state regulatory boards were overwhelmed by pharmacists’ complaints about their working conditions.

When Are Medication Errors Malpractice?

Medication mistakes are common, but when a medication error is due to negligence and results in a patient being injured, it is medical malpractice.

A doctor, pharmacist, or other health-care professional may be considered negligent if they:

• Give the patient the wrong dose of a medicine
• Give a patient the wrong medication
• Carelessly prescribe the wrong medicine
• Fail to take the patient’s history of prescription drug use
• Fail to warn the patient of all the risks associated with a drug they are prescribing
• Dangerously mix prescription drugs

When a patient is harmed by a medication error, they must prove that they have been injured and that their injury is due to negligence by a medical professional, such as the doctor, a nurse, a pharmacist, or the hospital itself to claim malpractice.

Have You Been a Victim of Medication Errors?

If you or a loved one has been injured because of medication errors, contact us.

You may be entitled to compensation for pain and suffering, medical bills, lost work, and other measurable consequences from medicine mistakes.

If we take your case, you will pay us nothing unless we win.

Pharmacies, hospitals, and doctors have teams of experienced, dedicated lawyers on their side. Shouldn’t you have a team of dedicated, experienced lawyers standing with you?