What Is a Medication Error?
A medication error is a form of medical malpractice related to the prescribing or use of medications for a patient. Doctors and primary care physicians must accurately diagnose a patient's illness or injury and match their needs with certain prescription medicines.
The pharmacist who is handed the prescription then has the duty to ensure the prescription is filled out accordingly. Both the doctor and the pharmacist or pharmacy technician are responsible for discussing with the patient the proper way to take the medication at home to prevent errors and potential side effects.
Here are some common types of medication errors:
- Prescription Errors: These occur when a healthcare provider prescribes the wrong medication, wrong dosage, or wrong instructions for use.
- Administration Errors: This type of error happens when a medication is administered incorrectly, such as giving the wrong medication, the wrong dosage, or using the wrong route of administration (e.g., oral instead of intravenous), affecting treatment efficacy.
- Dispensing Errors: These errors occur when a pharmacist or pharmacy technician dispenses the wrong medication or the wrong dosage to the patient.
- Documentation Errors: Errors in documenting medication orders, administration, or patient information can lead to confusion or mistakes in the medication process.
- Drug Interaction Errors: This type of error happens when medications with known interactions are prescribed together without proper consideration, leading to adverse effects or reduced efficacy.
- Labeling Errors: Errors in labeling medications can lead to confusion about the drug's identity, dosage, or instructions for use.
- Storage Errors: Improper storage of medications, such as exposure to incorrect temperatures or humidity levels, can lead to degradation of the medication's effectiveness or safety.
- Communication Errors: Miscommunication between healthcare providers, patients, and caregivers regarding medication instructions or changes can result in errors in medication use.
- Patient-related Errors: Patients may make errors in self-administering medications, such as taking the wrong dose or taking medications at the wrong time.
- Equipment Errors: Errors related to the use of medical devices, such as incorrect calibration of infusion pumps or malfunctioning of automated dispensing machines.
Medication errors can also happen in hospital settings, making them a form of hospital error. Nurses are generally the hospital staff members tasked with administering medication to a patient in proper dosages and at routine intervals, reinforcing the necessity of training and adherence to protocols.
Any failure to meet the accepted medical standards by a doctor, nurse, or pharmacist that results in patient harm can constitute medical malpractice and call for fair compensation to be given to the patient. Our firm is committed to navigating these complex scenarios to seek justice for those affected by such negligence.
Common Types of Medication Error Claims
Legal avenues to recover compensation from a medication error in Baltimore, Maryland will vary depending on the jurisdiction and circumstances of the claim.
Here are some common legal avenues:
- Medical Malpractice Lawsuits: If the medication error occurred due to negligence or substandard care by a healthcare provider (such as a doctor, nurse, pharmacist, or hospital), the affected patient or their family may file a medical malpractice lawsuit. To succeed in such a claim, the affected party typically needs to prove that the healthcare provider breached the standard of care, directly resulting in harm or injury to the patient, highlighting our dedication to tackling these intricate legal challenges.
- Product Liability Lawsuits: If the medication error occurred due to a defect in the medication itself, such as manufacturing defects, design defects, or inadequate warnings or instructions, the injured party may file a product liability lawsuit against the manufacturer, distributor, or seller of the medication. Product liability laws vary by jurisdiction but generally allow consumers to recover compensation for injuries caused by defective products. Our experienced team can navigate these complexities to help secure a favorable outcome.
- Negligence Lawsuits Against Pharmacists or Pharmacies: In cases where a medication error occurred during the dispensing or administration of medication by a pharmacist or pharmacy staff, the injured party may file a negligence lawsuit against the pharmacist, pharmacy, or pharmacy chain. These lawsuits require proof of breach of duty, causation, and damages, tasks that our skilled Baltimore drug dispensing error attorneys are well-equipped to handle.
- Class Action Lawsuits: In some cases where multiple individuals are harmed by the same medication error or defect, affected parties may join together to file a class action lawsuit against the responsible parties. These lawsuits allow plaintiffs with similar claims to consolidate their claims into a single legal action, which can be more efficient and cost-effective. Our firm has the capacity and knowledge necessary to manage these larger-scale actions.
- Settlements & Negotiations: In many cases, parties involved in medication error claims may opt to negotiate a settlement outside of court. Settlements can lead to faster resolution of claims and avoid the time and expense of litigation. However, the terms of settlements may vary, and it's important for affected parties to carefully review and consider any settlement offers with the assistance of legal counsel, ensuring you have comprehensive support throughout the process.
- Criminal Charges: In cases involving egregious medication errors or deliberate misconduct, such as medication tampering or fraud, criminal charges may be brought against the responsible parties. Criminal penalties for medication-related offenses can include fines, imprisonment, or other punitive measures, underscoring the seriousness of such actions.
Understanding Maryland Medication Error Laws
Maryland’s regulations regarding medication errors aim to safeguard patient safety by ensuring accountability within healthcare practices. These laws require healthcare providers to maintain a high standard of care when prescribing and dispensing medications. Errors stemming from negligence, such as incorrect dosages or miscommunication between healthcare professionals, can qualify for legal action under Maryland law. It is paramount for aggrieved patients to recognize that their claim hinges on proving this breach of duty, a task that our experienced team is ready to assist with. In addition, Maryland health regulations necessitate proper documentation and swift reporting of errors to prevent further harm—a process our attorneys can help navigate for those affected.
Compensation for victims can include not only the costs associated with corrective treatments but also for pain, suffering, and lost income. Given the complexities of Maryland’s specific legal landscape regarding medication errors, having knowledgeable legal representation is invaluable. Brown & Barron, LLC stands committed to guiding clients through these intricate claims, offering detailed insights into the rights and recourses available under state law.
The Importance of Seeking Legal Help from a Medication Error Attorney in Baltimore
Navigating the complicated aftermath of a medication error can be overwhelming, especially when dealing with medical appointments and recovery. Seeking professional legal assistance becomes essential to help you understand the intricacies of your situation. At Brown & Barron, LLC, we understand the emotional and financial toll a medication error can take on families. Our legal team is dedicated to alleviating these burdens by methodically evaluating your situation, identifying liable parties, and crafting a strategic approach to obtaining rightful compensation. Our tailored approach ensures your claim is managed with care, protecting your interests throughout the legal process.
Failing to obtain legal advice can result in missed opportunities for claiming appropriate compensation or inadvertently accepting subpar settlement offers. With our extensive experience, Brown & Barron, LLC promises to stand by your side and fight for the justice you deserve. Do not let the complexities of a medication error deter you from pursuing a fair resolution. Contact us for comprehensive support and a thorough assessment.
Filing Your Malpractice Lawsuit on Time
The amount of time you have to file a medication error lawsuit is limited. In Maryland, a legal deadline referred to as the statute of limitations applies to these claims. The amount of time you have to file your lawsuit can vary depending on factors such as the discovery of the error or the age of the affected party. For this reason, it is crucial to speak to an attorney right away to ensure you are within the legal window for filing.
In general, under Maryland Courts & Judicial Proceedings Code Ann. § 5-109, the statute of limitations in your claim will expire three years from the day the medication error happened, which underscores the importance of timely action in these claims.
Filing your claim after this deadline expires is likely to result in the court dismissing it entirely. You could be prohibited from pursuing compensation regardless of your damages. Working with our Baltimore medication error lawyers ensures attention to these crucial timelines.
Some exceptions apply to this deadline, however. For example, the statute of limitations for a minor does not begin to run until they reach age 18. They then have three years from that birthday to file a claim, allowing flexibility for younger victims to seek justice.
There are also exceptions when it comes to undiscovered medical conditions. The harmful outcome of a medication error might not be apparent the day the error happens. Such circumstances are considered under the discovery rule, allowing the statute to consider the true date of discovery.
As a result, the statute expires after five years of the error or three years after the error is discovered—whichever comes first. Your Baltimore lawyer will explain how statutes of limitations could affect your medication error claim, ensuring personalized legal guidance.
Seek Fair Compensation for Your Medication Error Injury
For many people considering legal action following a medication error, one of their immediate concerns is securing compensation for their medical injuries. A medication error can require costly medical treatment and lead to a dramatic reduction in quality of life. A financial settlement could compensate you for the hardships resulting from a medication error, emphasizing our role in seeking fair recovery for every client.
Medical Expenses
A medication error could require substantial medical treatment, such as corrective surgeries, therapeutic interventions, or long-term rehabilitation. The improper use of medication can be toxic in some cases, requiring emergency treatment. The long-term use of inappropriate or dangerous medication could have lasting health consequences that require a lifetime of treatment. You could be entitled to recover damages related to the cost of your medical care. Our attorneys are dedicated to fighting for your right to these necessary compensations.
Lost Wages
When a medication error causes serious health issues, it could impact your ability to earn a living. These errors could cause you to miss substantial time away from work in many cases. This could lead to missed paychecks that cause financial havoc for you and your family. Our team understands these difficulties and strives to include these lost wages in the compensation pursued.
Pain and Suffering
Medication errors can lead to significant physical pain and suffering, both acute and chronic. This pain can subside in some cases, while it could become a chronic health issue for others. In these situations, compensation might be available based on the severity and extent of your pain. Our attorneys aim to include these often underappreciated damages in your claim.
Diminished Earning Power
Another consequence of a medication error could be the inability to perform the same level of employment due to your illness. If a medication error resulted in permanent disability that limits the type of work you could perform, it could diminish your future wages. These diminished future wages could result in you recovering financial compensation. We work to capture the full scope of your financial loss to secure the best possible recovery.
When You Need to File a Medication Error Claim, Call Us
Taking care of the fine details of a medical malpractice claim is probably one of the last things you want to do after suffering a serious injury or illness. However, securing qualified legal representation is crucial. You can stay in bed and rest while still handling your claim by contacting Brown & Barron, LLC today.
Contact Brown & Barron, LLC online today to schedule a free case review with a medication error lawyer serving Baltimore.
Medical Error FAQ
What Should I Do Immediately After a Medication Error?
In the event of a medication error, immediate response can significantly influence the outcome of your health and any potential legal proceedings. Initially, prioritize your health by seeking medical attention to assess any adverse effects caused by the error. Documentation is also key; maintain a detailed record of your symptoms, medical visits, and any communications with healthcare providers. This information is crucial for both health monitoring and legal actions your attorney might pursue. Reach out to a legal professional experienced in medication error claims, such as our team at Brown & Barron, LLC, to understand the next steps in holding negligent parties accountable while safeguarding your rights.
How Do Medication Error Claims Differ from Other Malpractice Claims?
Medication error claims are a specific subset of medical malpractice claims, concentrating specifically on mishaps involving pharmaceuticals. These claims may involve various errors, such as incorrect prescriptions, flawed medication dispensing, or failure to provide crucial medication information. Unlike other malpractice scenarios, these claims often require comprehensive analysis of pharmaceutical practice standards, thus necessitating a nuanced understanding of both medical and legal frameworks. Brown & Barron, LLC has extensive experience in handling such intricate claims, ensuring clients receive tailored legal strategies to address these specific challenges and seek appropriate compensation.
What Damages Can I Recover for a Medication Error?
Damages awarded from a medication error claim can substantially address various losses experienced due to the error. This can encompass monetary compensation for medical bills related to initial treatment and ongoing care essential for recovery. In addition, you could be entitled to recompense for wages lost during recovery periods and potentially diminished future earning capacity if the error results in long-term disability. Non-economic damages may also be pursued, providing relief for pain, suffering, and diminished quality of life. Consulting with a Baltimore medication error attorney at Brown & Barron, LLC can offer clarity on the specific damages applicable to your scenario, maximizing the potential restitution and ensuring a thorough pursuit of justice.
Our medication error attorneys in Baltimore offer free initial consultations to inquiring clients, allowing you to get your claim started without worrying about your finances first.
