It’s an unfortunate reality that, while doctors and healthcare providers serve the function of helping and healing people in need, their decisions and actions can also very easily cause harm instead. One of the most common examples of harm caused by modern medicine is errors in providing or prescribing medication.
There’s no doubt that a medication error can cause substantial harm, whether the wrong drug is given, the wrong dose, or any other mistake along the way. But is a case of medication error always an example of medical malpractice? Not always! The short version is that a case is only considered medical malpractice if the mistakes can be legally considered an example of medical negligence.
While some medication errors may meet that requirement, not all do. This article will explore and highlight some of the most common mistakes leading to medication errors and their potential consequences.
Mislabeled Medication
While there are many different ways that medication errors can occur, some are more avoidable than others. When a medicine or drug is mislabeled as a different substance, it’s difficult to reach any result that isn’t a medication error.
If a drug is mislabeled at the factory or original producer, it will not be considered a medical malpractice case, although a wronged patient could pursue a product liability lawsuit. However, if the product is mislabeled by a pharmacist, there is absolutely room to pursue a medical malpractice case.
Prescribing Harmful Medication
This is an error that pharmacists generally commit since they are typically the ones most responsible for keeping track of what medications an individual is taking and any serious allergies they might have. However, general practitioners have access to the same information. They can also cause problems by accidentally prescribing a drug that has a negative effect on their patient’s health by interaction with a different drug or an allergy.
In any case, even well-intentioned medical caregivers can cause serious harm by mis-prescribing drugs. And one who does write a bad prescription that could have been avoided is certainly at risk of a medical malpractice case.
Incorrect Administration of Drugs
It’s no secret that, on top of receiving the right kinds of medicines, it’s vitally important to receive them in the right way and the right doses. There are many ways useful or necessary drugs can cause harm.
For example – getting a prescription for the right drug, but in too high a dose. A medication given at the wrong time of day or with another drug that has an interaction can end up causing serious harm. Some drugs require very specific kinds of administration, such as being injected specifically into a muscle or the bloodstream.
In any of these cases, if a doctor, nurse, or any other medical professional gives a patient medicine in a way that specifically doesn’t follow instructions or requirements, they can potentially be held liable for medical malpractice.
Failure to Provide Warning of Possible Side Effects
Ask anyone who has ever taken any kind of serious medication – most serious medical drugs can have serious or very noticeable side effects along with the important benefits they provide. A patient failing to fully understand the side effects of their medication can be bad in yet another wide variety of ways.
The most direct example is problems caused by a side effect the patient should have known about. If a doctor fails to tell a patient that their meds could cause heavy muscle cramps or spasming, the patient could go out driving without realizing the risk that a muscle spasm at the wrong time could cause an accident.
An uninformed patient could also unintentionally undermine or hurt their treatment through their diet. Some common foods (like grapefruit) and some health trends (activated charcoal drinks) will actively remove or negate the effects of drugs in a person’s body.
Failure to Follow-Up
While this is hardly the last remaining kind of potential medication error that exists, it’s the last of the ones that are most commonly encountered or dealt with by patients. Some medications require very close monitoring, must be discontinued quickly after a certain period, or need so much attention that they require frequent prescription detail changes. A doctor or pharmacist who fails in their due diligence in closely monitoring these drugs and their effects can hurt their patients and be liable for malpractice.
Turn to Steve Newman Legal, a Medical Malpractice Attorney You Can Trust
The legal world of medical malpractice can be a very large and potentially confusing one. Especially in a legal situation where there is potentially a lot of gray area regarding a doctor’s intent or what’s considered the exact scope of professional responsibility.
That’s why, if you or a loved one has survived a medication error and are seeking legal support, there’s no better name to turn to than Steve Newman Legal. We’ve been a part of the New York City community and fighting for your rights for over thirty years, specializing in medical malpractice, wage theft and hours claims, and personal injury.
If you have questions, or to start a consultation on your case, don’t hesitate to reach out to us today!
