When admitted to a hospital as a patient, we expect staff to provide competent medical treatment to help us recover. When medication errors at hospitals occur, patients can suffer serious harm. Medication errors can include doctors prescribing the wrong type or dosage of medication and nurses failing to administer medication correctly.
Medication errors can cause a patient’s medical condition to worsen or cause the patient to develop other medical conditions. Serious medical errors can be fatal. If you or your loved one have been injured because of a medication error, you’ll benefit from speaking to an experienced attorney as soon as possible. The skilled medical malpractice attorneys at Hunt Law Firm are prepared to help you understand your legal rights and pursue the compensation you deserve.
How Common Are Medication Errors in Hospitals?
According to a recent study by the National Center for Biotechnology Information, the number of medication errors in hospitals is surprisingly high. The study found approximately 6.5 reported medication errors per 100 hospital admissions. In the United States, preventable adverse care in hospitals, including medication errors, leads to an estimated 44,000 to 98,000 hospital deaths annually.
The study also found that most medication errors occur during the prescribing, ordering, and administering of medication. Specifically, nearly half of all medication errors occurred when a doctor prescribed or ordered a medication.
How Do Medication Errors in Hospitals Occur?
Medication errors can occur at any stage of prescribing and administering medication. Hospitals have a legal obligation to ensure their staff understand all types and causes of medication errors so they can avoid them by providing high-quality medical care. There are several common causes of medication errors that hospitals should work to avoid.
Expired or Defective Medication
Expired medications can happen because of improper storage, resulting in deterioration or spoilage. When hospital pharmacies don’t take inventory and check expiration dates, patients who receive the medication can become harmed.
Prescription medications may be dangerous for patients because of a design defect, manufacturing defect, or lack of warning of the medication’s side effects. Injured patients can pursue a product liability lawsuit against the drug manufacturer for injuries caused by defective or unreasonably dangerous prescriptions.
Incorrect Duration, Strength, Rate, or Preparation
Healthcare staff can administer medication for an improper or dangerous duration, either shorter or longer than the prescribed duration. The patient can become injured when a medication hasn’t been properly prepared.
For example, a pharmacist may improperly compound a prescription or fail to dilute the medication for reconstitution correctly. Similarly, human error may result in the patient receiving the incorrect amount or strength of the prescription. When a nurse selects an incorrect bottle or syringe, the patient could receive more or less medication than prescribed.
Incorrect Rate, Dose, and Timing of Prescription Medication
When medications are given to patients through an IV push or infusion and the medication is administered too quickly, the patient could suffer tachycardia due to rapid IV vancomycin or epinephrine flushing.
When healthcare professionals don’t administer prescriptions according to the proper schedule, the medication may not be absorbed properly, resulting in underdosing or overdosing. Busy hospital staff members may unintentionally give patients an overdose, underdose, or extra dose of medication. Alternatively, a nurse may forget to give patients a dose they were scheduled to receive.
Proving Liability for Injuries Caused By Medication Errors
Victims of medication errors can pursue medical malpractice claims against the doctor, nurse, or other medical staff member who made the medication error. However, pursuing a claim against the hospital may be a more strategic option for recovering the total compensation victims need. Recovering compensation from the hospital requires proving the hospital’s liability. Some of the system-wide failures hospitals can be held liable for include the following:
- Inaccurate or unavailable patient information, including medical history
- Poor communication between staff members
- Errors made during the tracking of the medication orders
- Incomplete checking of a prescription order
- Failure to obtain a patient’s prescription allergy history
- Inaccurate order transcription
- Lack of knowledge or understanding about drug side effects
- Lack of adequate knowledge or training among staff members
- Lack of communication with patients
- Language barriers between doctors, nurses, and patients
- The increased workload of medical professionals at hospitals
- A poor electronic health record interface
- Inadequate labeling, naming, and packaging of medicines
- Lack of standardized medication safety procedures in the work environment
- Interactions and distractions
Injuries Caused By Medication Errors
Medication errors can happen at any stage of administering medication. The type of injuries the patient may suffer depends on the type of medication error, the underlying condition, and the severity of the error. Patients may experience temporary harm, such as itching or rashes, or something more permanent, such as skin disfigurement.
When drugs dangerously interact with each other, a patient could suffer internal organ damage to their kidneys and liver. Patients may have to be re-admitted to the hospital or experience longer hospital stays because of a medication error. In some cases, the medication error can cause the patient’s untimely death.
Pursuing Compensation After Being Injured By a Medication Error
Victims of medical malpractice have a right to pursue compensation through the New Mexico Medical Malpractice Act. The injured patient must prove that the defendant’s negligence or recklessness, such as their medication error, caused them injury or harm, resulting in damages.
Injured patients can pursue compensation for their economic damages, including their current and future hospital bills, the cost of ongoing medical care, lost income, loss of earning capacity due to disability, and other quantifiable damages. Patients can also pursue non-economic damages, including pain and suffering, but New Mexico has a $600,000 cap that will apply.
Contact a Medication Error Attorney in New Mexico
You may be entitled to compensation if you suffered harm from a medication error in New Mexico. Trust the experienced attorneys at Hunt Law Firm to guide you through the legal process. Contact us today for a free consultation.