Posted by William A. Cirignani on 09/13/2018

Who is To Blame for a Medication Error?

Who is To Blame for a Medication Error?

With approximately one-third of adults in the U.S. taking five or more medications, it's clear that people rely heavily on prescription medicine to lead healthier lives. However, our reliance on medications means that we also depend on the competence of those that make, distribute, prescribe and administer these products.

Most of the medications we take do what they’re supposed to do or, at the very least, don’t cause us harm. But in some cases, over-the-counter and prescription drugs are made poorly, mishandled, mislabeled or administered in a way that can result in serious adverse reactions, long-term health problems and even death.

For those who have suffered the consequences of a medication error or know somebody who has, one question often prevails: who is to blame for a medication error and what is the legal recourse?

Before we look at possible answers to these questions, let’s define medication error.

The Food and Drug Administration defines a medication error as “any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of a healthcare provider, patient, or consumer.”

Potential Sources of Medication Errors

Determining the root cause of a medication error can be a challenge because one single drug passes through many different parties before it reaches the consumer. The supply chain for medications includes a complex network of businesses and individuals, made up of manufacturers, distributors, hospitals, doctors, nurses, pharmacists and, finally, consumers and patients.

Errors can occur in any part of that supply chain. For example, a patient could suffer serious injury or illness if…

  • The manufacturer includes dangerous ingredients in the drug.
  • The doctor prescribes the wrong medication, or the right medication in the wrong dosages or duration.
  • The pharmacist makes a mistake while filling a prescription.  While doctors play the primary role, pharmacists also play an important role when it comes to making sure that a patient not only receives the correct medication, but also knows the proper dosage and frequency of that medication. The pharmacist is essentially the gatekeeper of prescribed medications and, thus, bears responsibility for the safety and proper labeling of a drug.

As you can see, there are many opportunities for things to go wrong before a medication reaches the consumer. So, how are we to know who is to blame for medication errors?

Determining Responsibility for an Error

While some medication errors do not result in long-term or serious side effects, the unfortunate fact is that many do. To reduce the risk of medication errors, there are several safety strategies in place that doctors and pharmacists should be following, such as computerizing prescriptions to cut back on handwriting errors and using barcode medication systems in hospitals to ensure that medications are never given to the wrong patient. There are also numerous on-line sources to confirm the proper use of a particular drug.

When a medication error results in a serious complication or death, victims and/or family members want someone to be held accountable. Unfortunately, determining and proving the source of a medication error isn't always an easy task. That’s why it's always in a person's best interest to consult a legal professional who has specific experience in handling medication error cases.

The consequences of a medication error can be life-changing. A patient’s condition might worsen, or additional, more serious medical complications can arise. This can lead to expensive medical treatment, more medication, missed time at work, lost income and an incredible amount of pain and suffering.

By having a skilled medical malpractice lawyer handling your case, it is possible to determine liability and make a strong case in court. This improves the chances that you or your loved one will be able to receive a fair recovery for medical bills, pain and suffering, and other expenses related to the mistake.

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