Pharmacy & Medication Error Lawyer Johnson City
Prescription medications are classified as controlled substances because of the significant effects they can have on an individual’s body and brain. When used correctly, prescriptions can be effective in helping those who are suffering. However, if not prescribed correctly, these medications can be hazardous, causing severe injuries and even death.
Thousands of Americans die each year due to medication complications, and hundreds of thousands of others experience adverse reactions or health complications due to medication errors. Most individuals are aware that physicians have a duty to properly consider all factors when prescribing drugs; however, they are often unaware that pharmacists and pharmacies also have a responsibility to ensure that errors (such as dispensing the wrong medication, dosage, or prescription) do not occur.
If you were injured due to a medication error at the hands of a medical professional, pharmacist, or pharmacy, you might be entitled to compensation for all the damages you incurred, including pain and suffering. Call experienced Johnson City pharmacy and medication error lawyer Mark Hurt to schedule a free consultation to learn about your options for holding all negligent parties accountable and seeking the full compensation to which you are rightfully entitled.
Free Consultation – No Fee Unless You Recover!
What is a Medication Error?
When a controlled substance is in the hands of a consumer or patient, any preventable event that leads to patient harm or inappropriate use is considered a medication error. The Food & Drug Administration (FDA) receives more than 100,000 medical error reports each year, many of which lead to:
- Birth Defects
- Life-threatening Situations
What Types of Cases Does Your Firm Handle?
When pharmacy and medication errors arise, experienced Johnson City medication error lawyer Mark Hurt is there to help. We assist in cases involving preventable prescription errors related to:
- Medical Procedures
- Health Care Products
- Product Labeling Mistakes
- Prescribing Errors
- Order Miscommunications
- Compounding Mistakes
- Omissions Errors (giving a dosage of medication at the wrong time)
- Terms and Naming
- Improper Administration
- Pharmacy Error
- Any Other Event Leading to a Medication Error
Regardless of the cause of a drug error, if the negligence of a pharmacy or medical professional created the issue, and an individual suffers harm, he or she is entitled to seek maximum compensation for damages.
How Much Does an Experienced Johnson City Medication Error Lawyer Cost?
At The Law Offices of Mark T. Hurt, we understand that injuries sustained from medication errors can have negative financial ramifications on patients and their families. Further, we firmly believe that cost should never be an impediment to securing quality representation and holding liable parties responsible. As such, we represent injured patients on contingency, meaning we never charge a fee unless we are successful in recovering compensation. We also advance all litigation expenses while a case is ongoing (typically fully covered by a jury award or settlement).
What are Common Examples of Medication Errors?
Negligent medication errors can be caused in many ways, including (but not limited to):
- Prescribing the wrong medication for a patient’s condition, or prescribing medication that the patient does not need. It’s critical that a physician prescribe the right medication and in the correct dosage for a particular patient’s needs.
- Dispensing the wrong dosage. The same medication may have many different dosages, such as 10 mg, 20 mg, or 30 mg, with similar instructions (i.e. take one capsule three times per day). If a physician prescribes a 10 mg dosage and the pharmacist fills a prescription using 30 mg pills, the patients will be taking three times the prescribed dosage.
- Misreading a prescription. A doctor’s prescription may not be entirely legible. If this is the case, a pharmacist should not guess as to the prescription; they should call to confirm the prescription with the physician before filling the prescription.
- Failing to obtain a patient’s history of adverse drug reactions. Some patients are allergic to drugs (such as Penicillin), or they have had a history of adverse reactions to certain drug classifications. If a physician does not inquire about a patient’s history, they may be liable for prescribing a drug that never should have been prescribed.
- Failing to warn of the risks connected to using a prescription drug. Many drugs have known side effects to which a patient should be warned, such as not driving after taking a drug or not eating certain foods. When a proper warning is not made, pharmacists may be liable.
- Failing to verify drug interactions. At most pharmacies a pharmacist will have computerized access to all prescriptions that have been recently dispensed by the pharmacy. As part of their job, pharmacists must understand common negative interactions between different drugs so that patients may stay out of danger. In particular, two different drugs may interact in adverse way, or two different drugs in the same class may be given for the same purpose (such as blood thinners) such that when used in combination, they cause a dangerous condition to exist (such as the inability of blood to clot).
- Giving a patient the wrong medication. In a simple case, a pharmacist may mix up prescriptions and give a patient the wrong pills, even though the name and prescription on the pill bottle may be correct.
- Failing to properly communicate how a medication or other prescription should be used. It’s not enough to simply fill a prescription. A pharmacist is also responsible for explain to a patient how to properly use the medication, such as if it should be taken with food or if it needs to be refrigerated.
What is the Underlying Cause of Medication Errors?
Major causes of medication errors include:
- Poor written or oral communication. As an example, a pharmacist may not adequately explain to a patient how to take a drug properly.
- System Errors. Computers and other systems should, for example, identify for a pharmacist possible drug interaction; however, these systems do not always work correctly.
- Understaffing and Work Overload. When there are too few staff doing too much work, errors can occur. A pharmacy should take care to employ the staff needed so that work can be performed correctly and competently.
- Carelessness. Carelessness is often a result of poor management. Carelessness, however, is not an excuse.
Who Can Be Liable for a Prescription or Drug Error in Johnson City, Tennessee?
In many cases, numerous individuals and entities may be liable for a medical error. For example, if a pharmacist sends the wrong prescription to a nurse, and the nurse fails to check the medication before administering it to a hospital patient, the pharmacists, pharmacy, nurse, and hospital may be liable, as they all have a responsibility to protect patients from harm, whether it be directly or from an employer-oversight perspective.
Our Role in Investigating and Proving Liability in a Pharmacy or Medication Error Case
We carefully investigate pharmacy and medication error cases in order to determine exactly what happened. Often; there may be multiple people liable, such as a physician, a pharmacist, and the pharmacy. If the drug itself causes adverse reactions (or a dangerous addition, such as those involving opioids), the drug manufacturer may also be liable.
Our role is to uncover the exact sequence of events that occurred so that we can recover full and just compensation for our clients. We also want to expose the errors and negligence that may have occurred so that other patients will not be harmed.
If you have documentation of any of the preceding, it is always advisable to keep such evidence, as it can be critical to a case. For example, if an individual is prescribed the wrong medication, retaining the medication container and substance could help substantiate liability.
We Accept Prescription Error Cases on Contingency Fee Basis (No Fee Unless Compensation is Recovered)
At The Law Offices of Mark T. Hurt, we recognize that numerous individuals or entities may be at fault for an injury, which is why we leave no stone unturned in identifying all liable parties. This provides the greatest chances of ensuring a victim receives the full and fair compensation to which they are entitled.
If you were injured due to a medication or pharmacy error and would like to learn more about the parties who may be potentially liable, we welcome you to call our office to schedule a complimentary consultation. Experienced Johnson City prescription error lawyer Mark Hurt will listen to the facts of your case, explain your legal options, and help identify all liable parties.
Call The Law Offices of Mark T. Hurt to Schedule a Free Consultation Today!
Medication error cases can be challenging, but The Law Offices of Mark T. Hurt has over two decades of experience in successfully representing those who have been injured. We are known for our tenacity and dedication, as we will not back down in seeking everything to which you are rightfully entitled.
Call our office today to schedule a free consultation. You will never pay a fee unless we are successful in recovering compensation for your injuries.
We hired Mr. Hurt to help settle a worker’s comp injury case for my husband. Mark, Bart, and Mary worked tirelessly to resolve his case and reach a settlement we were pleased with. They were always available to answer questions and returned calls in a timely manner.