Who is Liable When you get the Wrong Medication: Memphis Medical Malpractice Attorney Explains

When it comes to prescription drugs, patients assume that their doctor and pharmacist are fully informed about their condition, allowing them to make the best decisions for their health.  However, prescription drug errors still occur, putting the lives of patients at serious risk.  There are two major types of prescription drug errors that are common in Memphis medical malpractice actions: physician mistakes and pharmacy filling error.

Significant physical problems, long-lasting impairments, and sometimes even death can result from both of these problems.  The Institute of Medicine (“IOM”) has reported that an estimated 7,000 people every year die due to medication errors alone.  This is more than breast cancer, motor vehicle accidents, or AIDS.

Physician Medication Errors

Despite the ever improving pharmaceutical processes, medication errors still occur because of poor oral or written communications, negligence, or system errors caused by doctors, nurses, and other medical professionals.  Health care professionals are, in general, expected to adhere to the standard in the medical community known as “the five rights”: 1) right drug; 2) right dose; 3) right route; 4) right time; and 5) right patient. Failure to meet this standard can result in serious injury and even death.

Common problems that lead to medication errors include:

• Unauthorized abbreviations;
• The legibility of prescriptions;
• Prescriber information;
• Spelling of drugs; and
• The strength and frequency of the drug;

Pharmacy Negligence

Pharmacy negligence can also result in prescription drug errors.  The National Patient Safety Foundation has reported that out of 3 billion prescriptions there are 30 million dispensing errors at outpatient pharmacies.  These errors have been attributed to inadequate support systems, pharmacy work overload, few safety nets, poor communication between pharmacies and doctors, and a greater number of patients at pharmacies at certain time during the day.

Pharmacists have a duty to check with the prescriber if there are any unclear or questionable prescriptions.  They also have a duty to check and ensure that the correct medication and dosage is going into every bottle.  Patients can suffer irreversible harm if this does not happen.

Side Effects of Prescription Drug Errors

Consequences can be disastrous for patients when prescription drug errors and mix-ups occur, possibly leading to debilitating injury, illness, or even death.

• Patients who need their prescriptions may possibly end up with the wrong drug that does not fulfill their needs.
• If a patient is accidently prescribed or provided drugs they are allergic to they could have an adverse reaction if they take one of the pills.
• Mistakes may lead to unanticipated interactions between other medicines the patient is already taking and the prescription that was provided.
• The patient may accidently overdose if the frequency of drug ingestion and the dosage amount is incorrect.

Protect Yourself

It is a good idea for patients to be proactive in protecting themselves against medication errors.  Patients should take notes in the doctor’s office to make sure they understand what medicine is being prescribed and in what amount.  If there is any discrepancy once the medication is filled, the patient should ask the pharmacist for clarification or even call the doctor’s office.  Patients should also inform the pharmacist of any other drugs they are taking in order to prevent an adverse drug reaction.

Here at Bailey and Greer, PLLC our Tennessee medical malpractice attorneys understand how to effectively pursue your claims.  Our legal team has a proven track record of compassionately representing our clients injured in Tennessee personal injury cases which is included in our testimonials page and our successful case results.  Please contact us today to receive your free case evaluation by dialing 901-680-9777.