Ohio Pharmacist Error Lawyer
When medication dosages, levels, or instructions are incorrect, a patient can suffer serious harm. If you’ve suffered an injury due to pharmacist error, contact Kisling, Nestico & Redick right away.
Pharmacist Errors & Medication Mistakes
While there is almost always a warning label and a list of potential side effects, you trust that your doctors and pharmacists wouldn’t hand over medications that could cause you harm. Unfortunately, pharmacist errors can result in the wrong type or amount of medication, leading to serious side effects and long-term consequences.
Whether you are prescribed an antibiotic, an SSRI for depression, or oral chemotherapy to fight cancer, you assume what you’re handed at the pharmacy is what you should take. When professional pharmacists or their staff do something wrong, you are unlikely to catch the mistake.
If you suffered a serious side effect or drug interaction because of a pharmacist error, call the Ohio medical malpractice lawyers of Kisling, Nestico & Redick right away at 1-800-HURT-NOW for a free, no-risk consutlation.
Injuries Related to Pharmacist Errors
It can be easy to see prescription medications as harmless. After all, most of your interactions with medications include your taking them and then feeling better.
Prescription medications are highly technical and regulated for a reason. They have extreme effects on the body. Some outcomes are good, like an antibiotic killing an infection. Other consequences are harmful, like pain relievers leading to liver damage.
Medication errors have been known to lead to:
- Organ damage and failure
- Vision loss
- Heart attack
- Brain damage
- Birth defects
Types of Pharmacist Errors
There are several dispensing errors that have the potential to harm patients, including:
Providing the incorrect medication
A significant number of patient injuries result from being given the wrong medication by a pharmacist. The risk of this mistake is even higher for patients prescribed a medication that may look and sound like another drug, such as Flonase and Flomax.
Patients who receive incorrect drugs may not only develop serious side effects from unnecessary medications but their current conditions are left untreated and can worsen.
Many prescription drugs require certain labels, such as those that warn of drowsiness or other dangerous side effects. Patients who receive their medications without the proper warnings and labels may be unaware of potential side effects.
Without this knowledge, they could drive or operate machinery when they shouldn’t or not notice the signs of a serious medical issue.
Mixing a medication incorrectly
Some medications are not pre-formed pills or tablets. Pharmacists often have to mix medications, such as a concentrated liquid or powder in a solution. Mixing incorrect components or using the wrong amount of solution means a patient receives the incorrect medication or dosage, both of which can lead to harmful results.
Providing the wrong dosage
Physicians prescribe a type and amount of medication to be taken at predefined intervals. Pharmacists can incorrectly provide patients with too low or too high of a dosage of that medication, which leads to over- or under-treating conditions.
Over-treating conditions can cause dangerous side effects. If the drug is addictive, a high dose puts the patient at risk of abuse. Under-treating the problems allows patients to get unexpectedly worse, misleading physicians as to why the medication isn’t working.
Failing to check for drug interactions
Dangerous drug interactions lead to many patient injuries and deaths. Pharmacists are the last line of defense for patients taking multiple drugs.
While computer programs may be set to catch common interactions, it is up to experienced pharmacists to review patient records, ask about current medications, and determine whether two or more prescribed medications could lead to a negative interaction or contradiction.
Factors That Lead to Prescription Errors
Some pharmacist errors occur because of poor handwriting, coding mistakes, and miscommunications with doctors’ offices. In these situations, the parties responsible for your injuries may be both your treating physician and the pharmacy.
An experienced attorney can help you investigate your situation and determine what led to your receiving the harmful medication.
However, many dispensing mistakes are simply due to human error that occur because pharmacists or their staff work too fast, do not double-check their work, or behave recklessly. Your attorney will thoroughly investigate the pharmacy where you obtained the incorrect medication, including their workload, supervision, internal processes, and quality control checks.
Why You Need a Medical Malpractice Lawyer
When you have suffered a physical injury due to an incorrect medication, incorrect dosage, or unidentified drug interaction, you should seek advice from an Ohio medical malpractice attorney as soon as possible.
Medical malpractice claims involving incorrect medications can be legally complex with large insurance companies and pharmacies trying to downplay or deny any wrongdoing. That’s why it is important to have an attorney experienced with dealing with the medical industry on your side.
At KNR, we know how to handle medication errors and have extensive experience litigating these claims. Our attorneys will investigate to confirm that a mistake occurred, review your medication records and medical reports to assign liability, and aggressively pursue maximum compensation by building the strongest possible case.
Proving Pharmacist Negligence
Malpractice claims alleging that you received the incorrect medication usually mean filing a lawsuit or claim and demonstrating that the pharmacist or another party associated with your medications was negligent in some way. This requires meeting the following elements:
- The other party had a duty to act as a reasonably prudent person would under similar circumstances
- The other party breached this duty of care
- The other party’s breach caused your injuries
- You suffered actual injuries, for which the other party can compensate you
There are numerous ways to demonstrate that a pharmacist, medical provider, or another party breached its duty of care, including medical reports, prescription and medical records, expert testimony, and other circumstantial evidence.
Compensation for Medication Errors
Through a medical malpractice lawsuit, you may be able to recover compensation for the various losses related to the injuries you experienced due to a pharmacist’s mistake. Under Ohio law these losses are divided into economic and noneconomic damages and include your:
- Medical costs and hospital bills
- Loss of income
- Disability or physical impairment
- Pain and suffering
- Mental anguish
- Loss of consortium
Pharmacist Error FAQs
Are Prescription Drug Mistakes Common?
According to the National Library of Medicine, between 7,000 and 9,000 Americans die each year from medication mistakes made in hospitals. In addition, hundreds of thousands of patients experience but often do not report an adverse reaction or complications related to a medication. The total cost of medication-associated errors exceeds $40 billion each year, with over 7 million patients affected.
Do Pharmacist Malpractice Cases Have Time Limits?
Like other malpractice cases, under Ohio Rev. Code 2305.113, you only have one year to file a lawsuit for medication error (19 in the case of a minor). And while there are exceptions if injuries don’t appear until later, don’t wait because if a claim is not filed within 4 years, you could lose your chance at receiving any compensation.
Who’s Responsible for A Pharmacy Error?
While errors can stem from any number of factors, negligence is often the root cause. In cases involving improper administration of medicine, various medical professionals, pharmacists, or even hospital administrators can be at fault.
What If I Suspect a Medication Error Caused Me Harm?
If you believe that a pharmacist or other health care worker did not live up to their obligation to you in relation to the medicine you or a loved one received, you should talk to an attorney. Pharmacist errors are complicated cases and require unique industry experience. A lawyer can explain your options and guide your next steps.
Contact Kisling, Nestico & Redick Today
At Kisling, Nestico & Redick, we have decades of collective experience handling complicated medical malpractice claims. We have the knowledge regarding pharmacist errors and the resources you need to hold your medical providers responsible for your injuries. Our main focus will be recovering you compensation for your injuries.
Call us today at 1-800-HURT-NOW or use the online contact form to schedule a consultation.