San Antonio Medication Error Lawyers

Medication Error Lawsuits

If a doctor, nurse or pharmacist gives us a prescription, we take it. We lack the knowledge to second-guess what these trusted professionals are administering. While health care providers are making strides to reduce medication errors, they are still far too common and far too destructive. It is not uncommon for drug reactions caused by negligence to lead to permanent loss of function or death.

If you have suffered serious harm or have lost a loved one to a medication error, you have the right to hold the responsible parties accountable. At Maloney Law Group, P.L.L.C., we invite you to tell us your story so we can evaluate whether you may be entitled to compensation for the error.

The Best Medicine Can Hurt You If It Is the Wrong One

Types of Medication Errors

Our firm works with hospital patients, clinic patients, and nursing home residents who have experienced negative drug reactions. We also work with surviving family members when a medication error leads to wrongful death.

Common Causes of Medication Errors

Medical errors can occur at any stage of patient care, from diagnosis to treatment and follow-up. These errors can have serious consequences for patients, including prolonged illness, disability, or even death.

Some common causes of medical errors include:

• Communication problems: Miscommunication among healthcare providers, between healthcare providers and patients, or between shifts can lead to errors. This may include unclear instructions, incomplete handoffs, or language barriers.
• Diagnostic errors: Incorrect or delayed diagnosis can result from various factors such as incomplete patient information, inadequate examination, misinterpretation of test results, or failure to consider alternative diagnoses.
• Medication errors: These can occur at any stage of the medication process, including prescribing, transcribing, dispensing, administering, and monitoring. Common causes include incorrect dosages, wrong medications, drug interactions, and administration errors.
• Human factors: Healthcare providers are susceptible to errors due to fatigue, stress, distractions, or lack of familiarity with procedures or equipment. Fatigue from long working hours can impair judgment and concentration, increasing the likelihood of errors.
• Systemic issues: Problems within the healthcare system, such as understaffing, inadequate resources, time pressure, or flawed processes, can contribute to errors. For example, a high workload may lead to rushed decision-making or shortcuts that compromise patient safety.
• Lack of standardized protocols: Inconsistent or outdated protocols and procedures may result in variations in care delivery, increasing the risk of errors. Standardized protocols help ensure that best practices are consistently followed across healthcare settings.
• Technological errors: Errors related to the use of healthcare technology, such as electronic health records (EHRs), computerized physician order entry (CPOE) systems, or medical devices, can occur due to software glitches, user interface issues, or inadequate training.
• Patient-related factors: Patient characteristics such as age, health literacy, language barriers, or non-adherence to treatment plans can contribute to medical errors. Misunderstandings about medications or failure to follow instructions may result in adverse outcomes.
• Inadequate follow-up and coordination of care: Poor coordination among healthcare providers or transitions of care, such as hospital discharge or referral to specialists, can lead to gaps in follow-up care, medication reconciliation errors, or failure to address patient concerns.
• Cultural and ethical issues: Differences in cultural beliefs, values, or preferences may affect communication, treatment decisions, and adherence to medical recommendations, potentially leading to errors or misunderstandings.

Who is Liable for a Medication Error?

Liability may extend to multiple parties, such as:

• Pharmacist: Pharmacists have a duty to accurately dispense medications and provide appropriate counseling to patients. If a medication error occurs due to negligence, recklessness, or failure to adhere to the standard of care expected of a pharmacist, the pharmacist may be held liable. This includes errors such as dispensing the wrong medication, incorrect dosage, or failing to identify drug interactions or contraindications.
• Physician: Physicians who prescribe medications have a duty to exercise reasonable care in diagnosing conditions, selecting appropriate treatments, and prescribing medications. If a medication error results from a physician's negligence, such as prescribing the wrong medication or incorrect dosage, the physician may be held liable.
• Nurse: Nurses are often involved in the administration of medications to patients. If a medication error occurs during the administration process due to a nurse's negligence, such as administering the wrong medication or dosage, the nurse may be held liable.
• Healthcare facility: Hospitals, clinics, pharmacies, and other healthcare facilities may be held vicariously liable for medication errors committed by their employees, including pharmacists, physicians, and nurses, if the error occurred within the scope of employment. Additionally, healthcare facilities may be held directly liable for errors resulting from systemic issues, such as inadequate staffing, flawed processes, or failure to implement adequate safeguards to prevent medication errors.
• Manufacturers: In some cases, medication errors may result from defects in the design, manufacturing, or labeling of medications. If a medication error occurs due to a defective product, the manufacturer of the medication may be held liable under product liability laws.
• Other healthcare providers: Liability for medication errors may also extend to other healthcare providers involved in the patient's care, such as physician assistants, nurse practitioners, or medical assistants, if their actions or omissions contribute to the error.

What is Pharmacist Malpractice?

Common types of pharmacist malpractice include:

• Medication Errors: These are among the most prevalent types of pharmacist malpractice and can involve dispensing the wrong medication, incorrect dosage, or incorrect instructions for use.
• Failure to Warn: Pharmacists have a duty to inform patients about potential side effects, drug interactions, and proper usage instructions. Failure to provide adequate warnings can lead to harm.
• Prescription Errors: This involves mistakes in interpreting or transcribing prescriptions, resulting in patients receiving the wrong medication or dosage.
• Drug Interactions: Pharmacists must screen prescriptions for potential drug interactions that could be harmful to the patient. Failure to identify and warn about these interactions can lead to adverse health effects.
• Compounding Errors: Compounding pharmacies prepare customized medications for patients with specific needs. Errors in compounding can result in incorrect formulations or contamination, leading to harm.
• Mislabeling: Incorrect labeling of medication containers can lead to patients taking the wrong medication or dosage, resulting in adverse effects.
• Negligent Counseling: Pharmacists are expected to provide appropriate counseling to patients regarding their medications, including dosage, administration, potential side effects, and interactions. Failure to provide adequate counseling can result in patient harm.
• Failure to Monitor: Pharmacists have a responsibility to monitor patients' medication regimens for effectiveness and potential adverse effects. Failure to do so can result in harm, particularly in cases where patients require close monitoring.
• Fraudulent Practices: This includes actions such as billing for medications or services not provided, insurance fraud, or other deceptive practices.

How We Can Help

Our lawyers are comfortable working in the medical world and are able to thoroughly investigate the circumstances of your experience and assess how the error might have been avoided.

We have two objectives in every medical error case we take: The first is to obtain compensation for your losses and to help you gain closure on a painful episode in your life. The other is to ensure that future errors of the sort that injured you are rare or nonexistent. Our San Antonio medical malpractice attorneys look forward to achieving these goals with you.