Personal Injury As The Result Of A Misfilled Prescription
Friday, March 25, 2005
1. Are mistakes in the filling of prescriptions happening more frequently now?
There appears to be an increase in the number of misfilled prescriptions over the last several years. Several studies have noted this increase and noted the resulting injuries and deaths.
2. What are believed to be the causes of the increasing number of errors by pharmacists and pharmacies?.
The most common causes are thought to be the following: fewer clerical employees, longer shifts for pharmacists, greater numbers of prescriptions to fill, pressure to produce more filled prescriptions in a given time, failure to properly train or supervise pharmacy employees, confusing or poorly written prescriptions, and similar drug names.
3. What are the kinds of errors that occur when prescriptions are misfilled?
While there can be a number of specific errors the most common error categories are the printing of improper dosages for a correct medication and the filling of a prescription with a totally incorrect and unintended drug.
4. What are the consequences of a prescription being misfilled with a totally incorrect and unintended drug?
At the very least the patient is not taking the drug that was prescribed for a condition or ailment and is taking another drug that may be harmful. In the first situation, for example, a cardiac patient may not be receiving an important medication that is intended to avoid the formation of blood clots. As a result the patient may have a stroke that could lead to a permanent injury or death. In the second situation, it has been reported that some patients have erroneously received a blood thinner, such as Coumadin, that caused bleeding to occur, leading to a collection of blood in the retroperitoneal space, brain damage, or death.
5. Is the misfilling of a prescription always detected by someone after the initial error is made?
The likelihood of discovery before the wrong medication is taken is very low because of the trust that most patients place in their pharmacy and their lack of knowledge regarding the appearance of medications or the correct dosages. Worse, many prescription errors are never discovered because no one ever investigates thoroughly why the patient suddenly took a turn for the worse. There is often very little reason to check the contents of a presciption bottle. For these and other reasons an error in filling a prescription can sometimes go completely undetected by the patient, the doctor, and family members.
6. Who is legally responsible for the misfilling of a prescription that causes injury or death?
Certainly, the pharmacist who officially filled the prescription is responsible because he or she breached the standard of care. There can be virtually no excuse for the misfilling of a proper prescription. In addition, any technical or clerical co-workers of the pharmacist who failed to act in accordance with proper procedures would also be potentially liable. And, clearly, the employing pharmacy is legally liable under the doctrine of respondeat superior. This simply means that the employer must respond in damages for the harm caused by the employee in the course and scope of the employment.
7. Are there other acts of pharmacists or pharmacies that may harm patients?
Yes. Some states require that pharmacists counsel with drugstore customers about a prescription medication and side effects. There are times when this is either not done or is improperly done. There would also be an obligation on the part of a pharmacist to detect a combination of drugs that would likely harm the patient. Also, a pharmacist would be required to recognize when a physician has written a prescription that, on its face, would be outside the normal dosages recommended by the manufacturer. A pharmacist who recommended an improper drug to a customer would be potentially liable for any harm that resulted.
A pharmacist is a professional who must put the interests of every customer or patient first. He or she cannot allow the pressures of business or insufficient staffing to cause injury or death. There is a professional standard of care that must be followed.
8. How is a case prosecuted against a pharmacy or pharmacist?
A potential claim against a pharmacist or pharmacy is a highly specialized matter. It requires the assistance and representation of an experienced attorney who has investigated, negotiated, and litigated claims of this nature before. The experienced attorney knows the sources for the information necessary to evaluate and present the claim. He also has access to the experts who will be required to prove all of the legal elements of the case. He will be aware of the statutory and common law that would be applicable. And, he will be able to anticipate the defenses that are raised to cases based on a misfilled prescription or other misconduct of a pharmacy or pharmacist.
