Introduction
When medication errors happen, the aftermath can be overwhelming for the patients and their families. It can lead to serious health complications and in some cases even death. This article aims to delve further into these errors while outlining the legal pathways available for the victims, along with the importance of medical records review in substantiating legal claims.
What are the Errors in Medication and their Types?
• An error in medication can be defined as giving the wrong medication, dosage, or route of administration that can result in the adverse impact on the person.
• Other common errors are listed below:
• Prescription Errors: An incorrect medication is prescribed by a healthcare provider.
• Dispensing Errors: Mistakes committed by a pharmacist when filling a prescription.
• Administration Errors: Mistakes made by nurses or caregivers while administering the medication.
Statistics on Medication Errors
• Approximately 1.5 million Americans are the victims of medication errors every year – When analyzed thoroughly, this figure comes from the Institute of Medicine’s report.
• In 2024, a new report from the National Coordinating Council for Medication Error Reporting and Prevention indicated an increase of more than 10% for the\ case of reported medication errors in comparison to the year before.
Legal Considerations Regarding Errors in Medication
A Provider of Health Care Services
• M.D.: When a doctor writes a prescription for the wrong drug or for the incorrect amount.
• R.N.: When a nurse gives the wrong drug or does not follow established procedures.
Pharmacies
• Erroneous Dispensing: If a pharmacist does not fill out the prescription correctly, he/she is liable.
Medical Institutions
• Hospital: Such organizations may be liable for medication errors as a result of other failures within the organization.
Proving Negligence
In support of a claim for medical malpractice due to medication error, the following criteria must be met:
• Duty of Care: A reasonable healthcare provider is expected to look after patients in a competent manner.
• Breach of Duty: Failure to adhere to set standards of care by the provider.
• Causation: The set standard of patient care was breached and patient sustained harm.
• Damages: The pertinent patient sustained damages as a result of the negligent act.
The Relevance of a Review of Sue Medical Records in an Administrative Litigation
Legal Importance
• Illustration of Negligence: Medical records illustrate what medications were prescribed, what were given to the patient and the expected results.
• Proving Negligence: A detailed review may prove the medication error was indeed the source of the injury.
How It Works in Medical Records Review
- Recording Keeping: Attorneys complete the necessary medical documents that center on the case.
- Assessment and Evaluation: The medical record review organizations assess the documents for relevant metrics such as the prescription and record of medication given to the patient, along with feedbacks from the patients.
- Witness Statements: Doctors are able to offer their professional opinions that support the case based off the records, which prevails the case further.
Case Study
Case 1: The Thompson Family vs. The Hospital
• Case Summary: A member of the Thompson family had a medication error of receiving half the dosage of her vital medication which led to the hospitalization for other complications.
• Obstacles: To prove that there was negligence regarding the physician’s and nurse’s adherence to the medication guidelines in the hospital.
• Suggestions: Used a medical records review company to obtain proof of this mistake and use medical professionals for the needed standard of care testimony.
Case 2: Johnson vs. Nursing Home
• Case Summary: Mr. Johnson was a patient in a nursing home who developed serious health problems because of being given a wrong medication.
• Challenges: Seething the damage the nursing home caused and the responsibility they have for it.
• Solutions: There was the use of medical record review to show how an attempt to administer medication led to a health complication.
Conclusion
The impact of medication errors is sometimes dire, not just for the patients but also for their families. Identifying the culprit, knowing if a case can be made, and understanding the legal boundaries of such errors is important for victims who need to achieve equitable outcomes. Attorneys can consolidate their cases and defend their patients more efficiently with the aid of the medical record review. This guide is designed to assist patients and their lawyers understand and manage the often complicated processes of legal action involving medical malpractice litigation caused by medication errors.
