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Legal Help for Medication Errors in Ohio
Medications, whether over-the-counter or prescribed, should help us alleviate symptoms, treat diseases, ward off infections, and heal after traumatic events. However, when a provider fails to administer medication properly, even common drugs can cause severe harm. Incorrect medication dosages, levels, or instructions can all result in injuries and even death. If you or a family member sustained injuries due to a doctor, pharmacist, or other provider’s error, Crandall & Pera Law is here to help. Our experienced medical malpractice attorneys understand the complexities of these cases and are dedicated to getting you the compensation that you and your family need.
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Understanding Medication Mistakes and Malpractice
One of the tasks doctors and other practitioners carry out is prescribing medication to patients, whether in a busy emergency room, an urgent care facility, hospital, or a pediatrician’s office. Nurses and others may also administer those drugs through injections, IVs, or oral doses. A simple error in math is enough to cause severe consequences for a patient. To make matters more complicated, interactions between drugs, individual allergies, and other issues can also create serious risks for patients.
Common Medication Errors
Medication errors occur in various forms. Some of the more common errors include:
Ordering the wrong medication
Drug names are complicated and sometimes sound similar to one another. Messy handwriting can add to the confusion, leading to a provider or pharmacist offering or administering the wrong drug to a patient.
Dispensing the incorrect dosage
Something as small as a misplaced decimal point or typo can lead to an incorrect dose. Hopefully, a pharmacist or another person involved will catch mistakes, especially if they involve large errors or unusual quantities. The wrong dose could lead to overdoses.
Failing to obtain a patient's complete medical history
Medical histories include important information, including drugs that a patient is known to be allergic to. Other times, a drug may have side effects that are dangerous for people with specific conditions. For instance, some common antihistamines can be harmful to people with glaucoma. Failing to get this information from the patient or another provider could put a patient’s life in danger.
Miscommunication between healthcare providers
In some settings, including hospitals, various providers may administer drugs to a patient. If the records are not clear and up to date, a patient may receive the wrong drug, a double dose or two medications meant for the same purpose.
Not providing adequate instructions with medications
Sometimes, how a person stores or takes their medication will impact how effective it is or whether it may cause any issues. Even eating certain foods while on some medications can limit the drug’s impact or cause harmful reactions. Drinking alcohol can also cause damaging interactions with some medications.
Overlooking harmful drug combinations
Many drugs interact with each other, sometimes in ways that may harm a patient. For example, some antibiotics have blood-thinning effects. Combining those medications with a blood thinner can be extremely dangerous.
Incorrectly labeling medication packaging
Incorrect instructions, information, dosage, or poor translations can all lead to potential problems with medication.
Preventing these medication errors and others requires strict adherence to prescribing and dispensing guidelines. Patient safety needs to be the priority, which means providers must avoid shortcuts when prescribing drugs, fulfilling prescriptions, or administering medication.
Negative Reactions to Medication Errors
According to statistics, medication errors, both in and out of the hospital, cause upwards of 7,000 deaths annually. As a patient, you trust your healthcare providers to prescribe and dispense the correct medications to protect or improve your health. Some of the consequences of a medication error include:
- Allergic reactions
- Damage to internal organs like the liver and kidneys
- Heart attacks and brain injuries
- Extreme fatigue and pain
- Temporary or permanent disability
- Seizures
Who’s Responsible for Medication Errors?
In Ohio, the law requires that healthcare professionals adhere to a standard of care when prescribing and dispensing medications. Physicians, pharmacists, and other medical professionals are responsible for being careful with each patient's health and prescribing appropriate medications in the correct dosages to avoid harmful drug reactions or interactions.
If a healthcare professional fails to meet the official standard, and the medication error causes a patient injury or death, the injured person may have grounds for a medical malpractice claim.
Establishing Liability and Negligence
There are several factors that a person injured by a prescription needs to show in order to succeed in a malpractice claim involving medication errors. Here are the relevant elements:
- A healthcare professional was treating you and had a duty to do so reasonably
- The provider breached that duty
- The breach of duty led to your injuries
- You suffered harm, including measurable damages, because of that breach
When it comes to proving each element in these cases, your Ohio medical malpractice attorney can help. You will need to collect evidence, such as your treatment records and medical reports, to back up your claim. In many cases, expert testimony from a medical provider can also support your claim and establish liability and negligence.
Compensation for Medication Errors
In Ohio, compensation for medication errors includes both economic and non-economic damages. Calculating those damages may require the help of expert witnesses, including medical experts who can testify about your future medical needs, as well as economic experts who might testify about the cost of care and other expenses, especially when the injuries do not allow you to work.
Your damages will fall into these areas:
- Medical expenses and hospital bills
- Lost income
- Disability or physical impairment
- Disfigurement
- Pain and suffering
- Mental anguish
- Loss of consortium
Are medication errors common?
Yes, medication errors are some of the most common medical mistakes, and harm around 1.5 million people annually. The costs associated with medical errors are in the billions. It is worth remembering that these are not inevitable medical complications, but the result of human errors. In the case of medical providers, this mistake is often evidence of medical negligence.
Do medication error cases have time limits in Ohio?
In Ohio, there is a statute of limitation that limits the amount of time you have to file a medical malpractice case. Typically, you have just one year to file a medication error lawsuit, starting at the point in time you knew, or reasonably should have known that the mistake occurred. Failing to file within four years, regardless of when you discovered the error, could result in losing the right to pursue compensation.There are some limited exceptions, however, so it is important to discuss your situation with an experienced Ohio medical malpractice attorney.
What should I do if I suspect a prescription mistake?
If you suspect a prescription error, seek medical attention if you have not already. It is important to protect your health, and you might need treatment. As soon as possible, contact an attorney to discuss the incident and your options. Medication error cases involve multiple factors and require significant medical insight. Your lawyer can help you work through your options and determine your next steps.
Getting the help you need after a medication error in Ohio
At Crandall & Pera Law, we provide compassionate and knowledgeable representation for clients who have suffered from medication errors. Our experienced attorneys know how serious these cases are, and how such errors can impact you and your family. We are committed to fighting for your rights and ensuring you recover the compensation you deserve due to a provider’s medical negligence.