When a physician writes a prescription for a patient, it is presumed that the quantity, dosage, and type of medication are appropriate for the individual’s needs. However, when an error is made, there are potentially severe consequences for the person prescribed that medication.

There are a number of areas where a medication error may take place. For example, the physician may have incorrectly recorded the medication dosage before sending it to the pharmacist. Or the instructions on how to properly take the medication could contain errors as well. The pharmacist could also have made an error in filling the prescription before the patient picks it up.

Pharmacist and Physician Errors that Lead to Prescription Problems

Issues may arise with a prescription if a physician prescribes a medication that conflicts with a previously prescribed medication. Doctors must ask a patient about medications they are currently taking before issuing another prescription. Additionally, the doctor has numerous electronic resources to review before making a major prescription error.

A pharmacist plays a crucial role in the prescription process, as well. Filling the correct medication along with the prescribed dosage are necessary steps in this process. It may even happen that a pharmacist could put the incorrect label on a medication. This has the potential to cause significant harm for a patient. A patient may receive the wrong medication either at a hospital or pharmacy. 

What Damages May a Person Suffer as a Result of a Medication Mistake?

A key part of a medication error case is proving that damages were sustained. Damages arising from the negligence of a physician, pharmacist, or other medical provider may be either economic or non-economic.

• Economic damages are those that are measured in dollars and cents. Examples include medical bills and lost wages.
• Non-economic damages include damages that are less simple to calculate but are nonetheless impactful. Examples include pain and suffering, harm to the marriage relationship, and emotional distress.

Medical bills include any number of necessary costs incurred as a result of being erroneously prescribed medication. An ambulance ride to the hospital, the hospital stay itself, follow-up care with a primary doctor, and a host of other charges may be included in medical bills. 

Pain and suffering is a commonly suffered non-economic damage. The pain suffered when an incorrect dosage of your heart medication was administered may fall under the category of pain and suffering. Physical pain associated with the medication’s impact on your body is a type of harm suffered in medication error cases. 

Recognizing Medication Errors 

A patient must have suffered harm to have a viable medication-error malpractice case. An incorrect dosage, unclear instructions, or another mistake could cause substantial harm if a patient takes the medication before the error is discovered. 

Physicians and pharmacists have a standard of care they must meet, or risk a lawsuit for negligent performance of their duties. The challenge for a patient is to prove causation- that the negligence of the medical provider caused the harm being alleged. Evidence is necessary to substantiate the connection between the harm and the provider’s action. 

What Parties May Be At Fault for a Medication Error?

There is a long list of medical professionals who can be held responsible for a medication error. A doctor, nurse, or pharmacist, and, in some situations, a hospital, may be found liable (at fault) for injuries sustained due to a medication error. 

In hospital settings, a physician, nurse, and pharmacist all play a role in the administration of medication. The physician prescribes the medication. Next, the pharmacist fills the prescription. Finally, the nurse administers the medication. An incorrect medication that is harmful to the patient, mislabeled medications mistakenly sent to the patient’s room, or a mistake in administering an incorrect dosage may all lead to harm to a patient.

Hospitals run the risk of being found at fault for prescription-error injuries as well. The procedures in place for prescribing, filling a prescription, and administering medication must at least match the standard of care in hospital medicine. If there is a deficiency in the hospital’s protocols, the hospital may be liable for injuries sustained by its patient.

Proving Negligence In a Medication Error Case

There are four elements to a medication error case: duty, breach, causation, and damages. 

1. Did the hospital, clinic, or other medical provider owe a duty of care to the patient? 
2. Was that duty breached when the medication was prescribed, filled, or administered in a faulty manner?
3. Was the medication error the cause of the harm suffered by the patient? 
4. Did the harm caused by the medication error result in damages for the patient?

Every field of medicine has its own standard of care. Put another way, it must be shown that the medical provider’s actions strayed from acceptable medical practices in their area.

What is the Statute of Limitations in West Virginia for filing a medication error malpractice lawsuit?

In West Virginia, medical malpractice cases must be filed within 2 years of the injury being sustained. While this may seem like a significant amount of time, for someone attempting to recover from injuries, pay medical bills, and keep their family life stable, this two-year period can pass by very quickly.

A West Virginia Medication Error Lawyer Helps Injured Victims

An attorney who serves injured clients in medication error cases investigates the claim thoroughly, orders medical records, and helps construct a case to prove negligence by the medical provider. For an injury victim who has never gone through a legal case previously, an advocate provides a voice of experience during a stressful and complex process. 

Contact Crim Law Office, PLLC Today for a Free Case Review

A team of experienced West Virginia medication error lawyers at Crim Law Office, PLLC, serves injured victims. Contact our office today for a free case review.