Medication errors are a common medical mistake and a leading cause of adverse reactions. To cross the line to medical malpractice, however, a medical provider’s conduct in prescribing or administering the medication must have fallen below the accepted standard of care for a patient’s situation.
Not Every Adverse Reaction Is Malpractice
Some medications carry disclosed risks and side effects even when prescribed and administered correctly. A patient who experiences an unexpected reaction to a properly prescribed drug may not be a victim of malpractice. If the professional who provided the medication acted unreasonably (relative to how a competent provider would act), the medication error could be malpractice.
Common Types of Medication Errors That May Support a Claim
Medication errors in Philadelphia can occur in many different stages of treatment, from prescribing through administration. The party liable for such an error generally varies based on the type of mistake.
- Incorrect dosage. Prescribing or administering too much or too little of a medication can cause serious complications.
- Wrong medication. Sometimes, a patient receives a different drug than intended, causing adverse reactions due to unexpected contraindications.
- Failure to check for allergies or interactions. A provider who doesn’t review a patient’s allergy history or current medication list before prescribing something new can cause a dangerous allergic reaction or drug interaction.
- Improper monitoring. Certain medications require regular monitoring of blood levels, organ function, or other markers. Failing to order or perform this monitoring can allow toxicity to develop.
- Pharmacy dispensing errors. Pharmacists have an independent duty to verify that a prescription is reasonable given the patient’s other medications and conditions. They also have a duty to dispense the correct drug and dosage. Errors in these areas can trigger serious harm to patients.
- Poor communication during care transitions. Medication errors frequently occur when a patient moves between care settings, such as from a hospital to a rehabilitation facility. In these instances, providers may not adequately review a patient’s existing medication before administering/prescribing additional drugs.
Proving a Medication Error Claim in Pennsylvania
A medication error claim in Pennsylvania requires an injured individual to establish the elements of medical malpractice. You need to establish that (1) the provider owed you a duty of care, (2) that their handling of your medication deviated from the accepted standard, (2) that this deviation caused your injury and damages.
Medication errors may implicate multiple providers responsible for prescribing or administering drugs. For example, the prescribing physician, the dispensing pharmacist, and the nursing staff responsible for administration could be individually or jointly liable for a mistake. An experienced attorney can help you identify the liable parties in your case.
Pennsylvania’s Procedural Requirements
Under Pa.R.C.P. 1042.3, a medication error case requires a certificate of merit confirming that a qualified expert has reviewed the case and found a reasonable probability that a provider committed a medication error that injured the patient. This must be filed before the lawsuit. Failure to comply with this procedural step can result in a dismissal of your case.
Contact a Malpractice Attorney from Morris Wilson Knepp Jacquette for Help
If you or a loved one suffered harm because of a medication error, an experienced Pennsylvania malpractice attorney can review your medication records and determine whether you might have suffered injuries due to medical negligence. Contact Morris Wilson Knepp Jacquette, P.C. for a free consultation to learn more.