Medication Errors and Pharmacy Mistakes: Who Is Responsible?

Medication errors can occur due to the negligent actions of doctors, nurses, or pharmacists who may be responsible. Filling prescriptions is a common experience, and pharmacists play a vital role in ensuring patients receive the correct medication. Despite strict regulations, mistakes can happen.

Smartphone and tablets on table. medication errors and pharmacy mistakes

If you or a loved one were given the wrong medication or dosage, or another medication-related mistake, contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042 to seek compensation for medical expenses, lost income, and more.

Understanding Medication Errors and Pharmacy Mistakes in Healthcare

In the United States, medication errors affect at least 1.5 million patients annually, resulting in approximately 400,000 preventable adverse events. These errors rank as the eighth leading cause of death in the country. Adverse drug events may occur when patients are given the incorrect dose or the wrong medication.

A pharmacist’s negligent actions leading to patient harm through medication error are one example of medical malpractice. Medical malpractice happens when a healthcare professional fails to meet the standard of care, resulting in patient harm. They can be held responsible for resulting injuries. In Illinois, the Pharmacy Practice Act oversees pharmacy operations to help minimize pharmaceutical errors, which may include:

  • Adverse drug side effects
  • Filling prescriptions incorrectly
  • Mislabeling medications
  • Wrong dosage
  • Drug interactions
  • Providing incorrect usage instructions

These errors can vary in severity, from minor mistakes that have little effect on the patient to serious errors that cause health issues or even result in death. Common types of medication mistakes include:

Providing the Wrong Medication

One of the most frequent types of pharmacy errors involves giving a patient the incorrect medication. Mistakes can occur when a similar-sounding medication name is confused with the correct one, or when prescriptions for different patients get mixed up. When a pharmacist is distracted, juggling multiple tasks, or mistakenly selects the wrong bottle, it may qualify as pharmacy malpractice.

There is a particular issue with drug names that sound alike, especially when abbreviations are used. This similarity can lead to patients receiving medications that are not intended for them, with some of the most severe side effects stemming from such mix-ups.

Incorrect Dosage

Pharmacists are responsible for providing the correct medication dosage as prescribed by your doctor. Giving too much or too little can lead to serious health risks.

Underdosing occurs when a patient receives less medication than needed. While often less dangerous, it can still have serious implications. For example, underdosing an antibiotic may render it ineffective, allowing infections to continue or worsen. Underdosing pain medication may result in inadequate pain relief.

Overdosing can happen during both prescribing and administration, especially with intravenous drugs. It poses significant risks, particularly for children, as dosages are often based on weight. Even adults can suffer severe consequences. Standardized dosing helps minimize the risk of overdoses.

Missing Instructions

What are the proper guidelines for taking this medication? Is it safe for patients to consume alcohol while using it? How should pregnant individuals approach this medication?

Providing unclear or inaccurate instructions on medication labels can lead to serious issues. It’s crucial for pharmacists to thoroughly review new drug labels to ensure patients are informed of risks. Medications require careful handling, and lack of proper guidance is considered negligence.

Lack of Patient and Drug Review

A pharmacist’s duties go beyond simply providing patients with the right medications, dosages, and guidance. They must also review prescriptions to identify harmful interactions, especially if a patient is on multiple medications. Additionally, pharmacists should make sure that they are aware of allergies a patient may have.

Who Can Be Held Liable?

Establishing liability in cases of medication errors can be intricate. The responsibility often rests with one or more of the following parties, depending on the details of the situation.

  • Prescribing Physicians: If a physician overlooks allergies, drug interactions, or a patient’s medical history, they may be deemed liable.
  • Pharmacists: Errors in labeling, dispensing, or filling prescriptions can result in liability for either the pharmacy or the individual pharmacist.
  • Nurses or Medical Staff: Mistakes made during the administration of medication, such as administering an incorrect dosage, fall under the jurisdiction of hospital personnel.
  • Healthcare Facilities: Hospitals, clinics, or nursing homes may face liability if inadequate policies, lack of staff, or insufficient training played a role in the error.
  • Drug Manufacturers: If an incident arises due to poor labeling or defective packaging, the drug manufacturer could be held responsible.

In Illinois, victims of medication errors can hold the responsible party liable, relieving them of the financial burden caused by another’s mistake through a medical malpractice case. You may wonder – what damages can I seek in a medical malpractice case? A malpractice claim can help recover costs for medical expenses, lost wages, pain and suffering, and emotional distress.

How a Lawyer Can Help You Pursue Compensation

In a medical malpractice case involving a medication error, various parties such as a hospital, its staff, a pharmacy, or other healthcare providers could be named as defendants. If a pharmacist has been negligent in administering medication in some way, your attorney will need to establish negligence by showing that a reasonably competent pharmacist would have acted differently in the same situation. Pharmacy records and other relevant documentation can help identify who is responsible for the harm you have experienced.

A medical malpractice lawyer is equipped to assess the details of your injury or the loss of a loved one due to a pharmaceutical mistake. They will gather evidence, investigate the events leading to the incident, and pursue accountability from those responsible for the damage caused.

Your lawyer may collaborate with qualified medical professionals to evaluate whether the pharmaceutical and healthcare standards were upheld. They can provide guidance on your legal options moving forward. For assistance in building a medical malpractice case related to a medication error, contact us at Chute, O’Malley, Knobloch, and Turcy, LLC.

Tom Chute is a 1993 graduate of DePaul University College of Law in Chicago, Illinois. With over 30 years of experience in personal injury law, Tom has obtained millions of dollars in settlements and jury awards on behalf of injured clients.

Tom has earned a reputation as a leading trial lawyer in the Chicago area, and he is frequently appointed by his fellow trial lawyers to serve as an Arbitrator.

A member of the Illinois Trial Lawyers Association and The Society of Trial Lawyers, Tom is a frequent speaker at a number of professional organizations, law schools, and seminars in Illinois.

Experience: Over 30 years
Illiois Registration Status: Active

Naperville Attorney Tom Chute