Is a Medication Error Considered Neglect?

A medication error can be considered neglect in serious medical malpractice cases, however, proving negligence can be quite difficult. To prove that a medication error was neglect you need to show:

• A professional duty of care was owed to the patient
• There was a breach of the duty of care
• Harm or injury can be directly attributed to the breach
• You suffered damages as a result of the injury (increased treatment costs, lost wages, pain and suffering, etc.)

Medication errors can have drastic consequences for Ohio residents and their families, and they should be exposed if they cause harm. Understanding your rights if you’ve been injured as a result of medication error is crucial, and we want you to know that the Buckeye Law Group is on your side.

When Are Medication Errors Considered Medical Malpractice?

Medical malpractice in Ohio occurs when a hospital, doctor or health organization harms a patient as a result of not meeting an applicable standard of care. This can look like:

• Delayed diagnosis resulting in preventable death
• Misdiagnosis resulting in incorrect medication and escalation of symptoms
• Prescriptions and drug errors causing harm
• Failure to treat resulting in an exacerbated ailment or condition

Medical negligence may be assessed without it becoming medical malpractice, but if the patient suffered harm or injury as a direct result of negligence, it may warrant a medical malpractice claim.

Common Causes of Medication Errors

Medication errors can be caused by a variety of factors and are often rooted in miscommunication, overwhelmed doctors or staff making mistakes or inexperienced medical professionals. The consequences of medication error can be catastrophic for the health of Ohio residents and may result in delayed care or the wrong care for those who desperately need it.

Poor Communication

There are several ways that poor communication can play a role in medication error. Clear, concise communication is required at multiple points between when a patient schedules an appointment with their doctor to when they pick up their prescription from the pharmacy. These may include:

• During transitions: Complications during triage may result in the wrong medication being administered to patients during emergencies. Transitions between levels of care (which usually means a change in doctors, nurses and support staff) can increase the potential for medical error due to inadequate or unclear communication, the high-stress nature of the environment and overcrowding.

• Between doctors, pharmacists and patients: Pharmacists may disperse the wrong amount of medication, which can result in harm to patients. Additionally, patients may be injured or simply not receive treatment if the wrong medication is filled as a result of a misunderstanding with the original prescription.

• Between doctors and patients: Doctors may assess certain symptoms and decide that medication could work for their patient. If the harmful side effects outweigh the treatment benefit, it may or may not be considered a medication error. Prescribing the wrong medication can be the result of a lack of experience, poor judgment concerning visible symptoms or a lack of awareness about the patient’s past medical history and allergies.  

Errores en la sala de urgencias

Medication errors in the emergency department may be more common than you think. From a lack of differential diagnosis to misdiagnosis resulting in delayed care, emergency room errors have the potential to cause significant harm.

• Distraction: In an emergency environment, it may be difficult to accurately assess a patient’s symptoms to give the best diagnosis. Distractions in the ER can exacerbate this issue.

• Overwhelmed doctors: ER doctors work under constant stress, often in rushed environments. They may not have adequate time to devote to diagnosis or care.

• Misdiagnosis: It may be less about the stress of the environment and more about the wrong symptoms being addressed. A nurse or doctor may not have enough time with a patient to fully assess the care that they need, which results in potential misdiagnosis.

Administration Issues

Medication errors can happen as prescriptions change hands from doctors to pharmacists to patients. Examples of this may include:

• The prescription is never sent to the pharmacy
• The prescription is assessed inaccurately by the physician
• The incorrect drug is selected and administered to a patient
• The original prescription for the drug is illegible
• The prescription is never filled by the pharmacy
• Similar-sounding prescriptions are mistaken for each other in dispersal

Let Our Medical Malpractice Lawyers Analyze Your Medication Error

The statistics surrounding the number of medication errors that go unreported are astounding. This is often because people don’t realize they are the victim of an actionable medication error.

If you or a loved one have been injured as a result of a medication error, let our medical malpractice lawyers evaluate your case. It costs nothing to get help, and we will assess all potential causes in pursuing the compensation you deserve. Call 1-800-411-PAIN to get started.