Determining Who’s at Fault for Medication Errors

When doctors prescribe medication for us, we expect it to help in some way. We might hope that it will cure a condition or help minimize problems like pain. At the very least, we would expect it to keep things from getting worse.

But sometimes it actually causes things to get worse. The medication that is supposed to help make us better has dangerous consequences that lead to unexpected harm. Many times, the harm occurs because someone made a mistake. When a medication error causes problems, a Tallahassee medical malpractice lawyer may be able to help the patient recover compensation to help handle the patient’s extra needs and to make up for the additional physical and emotional suffering caused by the mistake. If a medical error leads to wrongful death, a knowledgeable and compassionate attorney can help family members obtain justice for their losses and compensation to help meet future needs.

As part of this process, it will be necessary to determine how the medication error occurred and who is at fault. Mistakes can occur in numerous ways, so the case will require intense investigation to ascertain the truth and uncover the evidence needed to succeed in establishing liability so the victim can receive full compensation.

Is the Pharmacy at Fault?

Many times, people blame the pharmacy for harmful medication errors. And that’s because of the number of opportunities for a mistake to be made in the process of dispensing medication. A pharmacy might:

• Put the wrong medication in the bottle
• Fill a prescription with medication that has expired
• Provide medication that is the wrong strength
• Store the medication improperly, causing it to lose effectiveness or become contaminated
• Leave out critical information about drug interactions or side effects when packing up the prescription
• Give patients the wrong instructions about dosage and frequency, or leave out instructions entirely

Even if the mistake is made by one employee of the pharmacy, the entire pharmacy company can potentially be held liable because they have a duty to train and supervise the work of their employees properly. The company might also be held vicariously liable just because the employee was working for the company at the time the error was made.

Is a Doctor, Nurse, or Other Medical Professional at Fault?

Of course, not all medication errors are caused by problems at the pharmacy. The medical professionals who prescribe and administer medications often make critical errors in their rush to see as many patients as possible. Healthcare providers who are in a hurry are more likely to get sloppy and make a mistake, and others in the environment have less time to observe and notice the errors.

The medication you’ve been prescribed might be entered into the system with incorrect information so that you get the wrong dose or even the wrong medication. This mistake could be caused by a doctor not taking the time to confirm before issuing instructions. Or it could happen if the doctor’s instructions are misread or misinterpreted.

If someone fails to check your patient history or review drug information, you might be given medication that you’re allergic to, or that causes dangerous interactions when combined with other medicines you take. Or you might be given medication intended for another patient.

Can the Hospital Be Held Liable?

As noted above, employers can be held accountable for the actions of their employees in many cases, so a medical facility such as a hospital could be held liable for medication errors committed by someone working for the facility. Overworked nurses, for instance, might not give out medication as often as they are supposed to, allowing a patient’s condition to grow worse. Or employees might duplicate actions and give two doses instead of one.

Is the Manufacturer to Blame?

Even when pharmacies, doctors, and hospitals do their work correctly, a patient can still suffer terrible harm because of a medication error committed during the manufacturing and shipping process. Manufacturers work with components that come from all over the world, and a defect in any of those components can lead to dangerous errors. For instance, the capsules that enclose medication could be contaminated by germs or a mineral that should not be ingested, like lead or mercury. Or one of the chemicals that are combined to produce a medication could have become damaged or been produced incorrectly.

Investigating to Find Out Where the Mistake Occurred

It often takes extensive medical investigation just to ascertain that a patient’s problems are caused by a medication error. Then, after that, it is necessary to investigate much deeper into the facts to determine how the error occurred and who should be held responsible.

This is not the type of investigation most people—even most personal injury attorneys—are prepared to undertake successfully. It requires extensive knowledge, resources, and a commitment to finding the truth and helping injured patients receive fair treatment. If you or a loved one suffered harm because of a medication error, you need to find an attorney who understands how to succeed with this type of challenging case.

Searcy Denney Tallahassee Fights for Justice for Victims of Medication Errors

Regardless of who is to blame, a medication error can have disastrous consequences. Ingesting something that shouldn’t be in the medication can cause serious illness that leads to permanent harm or even death. Or if a patient doesn’t receive a medication at the dosage they need, their condition could deteriorate very rapidly.

At Searcy Denney Tallahassee, our experienced attorneys have seen the multitude of problems caused by medication errors, and we don’t think it’s fair to let medical facilities and pharmaceutical companies get away with irresponsible actions in their quest for profit. We know how to work effectively to determine who is at fault and to hold them accountable so that patients and their families can recover the resources they need to offset the losses and move forward.

For a free consultation and case evaluation to find out how our team may be able to help in your situation, call us at 888-549-7011 or contact us online today.