As patients, we are in a position of trust when taking medications prescribed by a doctor or administered by a nurse during hospitalization. Unfortunately, errors sometimes occur during the prescribing, dispensing, or administration of a prescription. Medication mistakes are the most common type of medical malpractice and range in severity from benign to catastrophic or deadly results. Contact our medication error lawyer in Chicago if you suspect you were negligently given the wrong medication.
How Common are Medication Mistakes?
According to a medical research study, medication errors occur in about 6.5 out of every 100 hospital admissions. These mistakes occur from the following causes:
- Administering the wrong drug
- Administering an incorrect dosage
- Using the wrong route, such as having a patient swallow a medication meant to be absorbed through the tongue, or
- Administering a medication to the wrong patient
Medication errors also occur when a medical provider fails to take a complete medical history or when communication breaks down during the transfer of a patient’s records between facilities. An administrative failure may result in a patient being adminstered a medication they are allergic to or one that is contraindicated for them due to their other medications.
Finally, a hospital may be held liable for injury damages if the staff fails to adequately monitor a patient after administering a new medication.
How Can I Tell If I’ve Been Given the Wrong Medication?
Whether you blindly trust that your prescribed medication is correct or you carefully read the warning labels of every medication you take, you can still fall victim to a medication error if a failure occurs somewhere in the prescription process. Warning signs of a medication mistake include the following:
- Having an allergic reaction, such as hives, itching, redness, swelling of the face and lips, or difficulty breathing
- Having no improvement in symptoms within the expected time frame, or experiencing a worsened medical condition
- Feeling excessive drowsiness, confusion, or disorientation
- Metabolic reactions such as a rapid heart rate, loss of consciousness, or seizures
- Experiencing side effects that are not listed on the package
If you experience symptoms that aren’t aligned with your medical condition and don’t match the warning label on your prescription, it’s crucial to get emergency medical help if you aren’t already in the hospital. Bring the suspicious medication and its packaging with you.
Liability for Medication Mistakes
Medication mistakes made by a trusted medical professional constitute medical malpractice. While no legal process erases the harm caused by the error, a successful medical malpractice claim against the liable party can recover compensation for common damages such as medical expenses, lost earnings, pain and suffering, and damages for catastrophic injury or wrongful death. First, the evidence in the case must demonstrate the following:
- A medical provider/patient relationship was in place at the time the error occurred
- The provider owed a legal duty of care to the patient, requiring them to uphold the required standard of care accepted by the medical community
- The provider breached the duty of care through negligence
- The breach of duty caused injury to the patient
- The patient suffered damages from the injury
Common liable parties in medication error claims include the doctor, a nurse, a hospital administrator, or a pharmacist, depending on how the error occurred.
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