pharmacy errors

The Rate of Prescription Errors is High and Rising

Every job has a potential for making errors. Getting the wrong entrée at a restaurant happens every now and then, and I took home another person’s dry cleaning last month when the clerk handed me the wrong items. Filling prescriptions, one would think, has a very low rate for errors. That’s not entirely accurate.

Most patients who deal with buying prescriptions on a regular basis probably think that with advances in computer technology and the high level of training for pharmacists and pharmacy techs, they don’t even need to check what’s in the little brown bottles. But studies show it’s smart to check, and double-check.

Big Mistakes

One study revealed a dispensing error rate “of more than one in five prescriptions” (Journal of the American Pharmacists Association). Last year, more than 4 billion prescriptions were filled in the U.S. A 20 percent error rate would represent 800 million mistakes. Though most are relatively minor, some have led to disability and even death.

Another study concluded that error rates are actually getting higher, especially in large medical centers and hospitals. Errors included mistakes on labels and duplicate orders, but one of the most common errors was incorrect dosage for warfarin, also known as brand name Coumadin, which is a blood-thinning medication. When warfarin is administered in too-high dosages, very serious internal bleeding may occur.

pharmacy errorsFrom the results the Journal of the American Pharmacists Association study: Of 100 prescriptions dispensed, 22 had one or more deviation from the physician’s written order, for a 22% dispensing error rate. Three of the errors were judged to be potentially harmful when dispensed to a typical patient requiring these therapies. A total of 43 shoppers (43%) received verbal counseling, including 16 cases in which the shopper prompted counseling. All shoppers received written information with their prescription, covering an average of 90% of the required topics.

The results also included this very disturbing conclusion: Some 68% of the warfarin shoppers purchased aspirin without the pharmacist verbally warning about taking the drugs simultaneously. Conclusion: The dispensing error rate of more than one in five prescriptions is similar to the rate found in a similar study conducted 14 years ago, but counseling frequency has decreased significantly during the period.

Drive-Thru Counseling?

Today’s pharmacies have drive-thru windows, which obviously makes counseling with a pharmacist very impractical. Patients should understand that taking just a few minutes to discuss side-effects and interactions may prevent a harmful side-effect from happening. Patients should also carefully examine their prescriptions to make sure they received the right medication and the correct dose.

Seek the Best Help

The Law Office of Lazarus and Lazarus has represented victims of pharmacy errors for over 20 years, and we are eminently qualified to handle any situation related to injuries, sickness, or death related to medication mistakes. A call to 954-356-0006 will put you in touch with Gary and Arleen Lazarus, personal injury attorneys who will carefully listen to your story and then recommend the best course of action for your individual situation.

Excursions from Cruise Ships can be Hazardous to your Health

Passengers who travel on cruise ships may believe that they are covered under the cruise line’s liability insurance from the moment they step foot on the boat until the time they disembark. That may not be entirely accurate.

Recently there have been several very tragic incidents involving injuries and deaths to passengers during “excursions” away from the ship.

A woman from Minnesota was killed while traveling by bus on the island of Jamaica. The victim was returning from an excursion to swim with dolphins back to the Royal Caribbean ship she had booked for her vacation when the bus she was riding in crashed.

A young boy from Italy was also killed in a vehicle crash while on an excursion from the MSC ship Orchestra.

Cruise_Ship_AccidentAnother passenger, from the Carnival ship Glory died on an excursion while visiting St. Kitts. In this incident, witnesses said the passenger was swimming or diving and experienced distress. An ambulance took over 20 minutes to arrive and the medics were unable to revive the victim, according to witnesses. The excursion may have been booked through the cruise line, but it is not completely clear if that was the case.

Cruise Ship Accidents

People tend to make reasonable assumptions that when they book their trip with a cruise line and spend a very substantial amount of time on board the ship, the cruise line will look after their safety for the entirety of the trip. Sadly, this is not true.

Cruise lines balance safety and security with maximizing profits and cutting costs. A special report by CNN said “You can’t find a cheaper vacation than spending a week on one of these “fun ships.” But the vacation comes with a hidden price. The cruise lines are working their crew members for excessively long hours and paying them extremely low wages.”

Injuries and deaths that happen on cruise ships and on excursions away from cruise ships are far too commonplace to be tolerated, and the law is murky about who may be responsible if there is any negligence or malpractice involved. Some passengers may believe the U.S. government will protect them, but according to a special notice from the Federal Maritime Commission, “It is important to know that the Commission has no authority over: passenger line vessel operations, safety issues, amenities on board vessels, or fare levels.”

So, what is a passenger to do if he or she is injured on a ship or during an excursion away from a ship, but during a scheduled cruise? The same thing every American has the right to do under the 7th Amendment, which is to pursue justice through the court.

Specialized Attorneys

Because of the special and complex nature of laws as they pertain to vessels at sea, there are very few attorneys who understand and practice cruise ship accident and negligence law. The Law Firm of Lazarus and Lazarus, located in Fort Lauderdale, Florida has been representing the victims of cruise ship accidents for over 20 years, and they are exceptionally qualified to consult on any related issue. Gary and Arleen Lazarus can be reached by calling 954-356-0006 – they will meet and discuss your concerns in complete confidence.

Coumadin Injuries and Death often Attributed to Pharmacist Errors

Sometimes Called “The Most Dangerous Drug in America”

Coumadin is a brand name for Warfarin, an anti-coagulant drug that is prescribed most often to treat thrombosis, or blood clots. It was initially introduced in 1948 as a pesticide against rats and mice, which may seem disconcerting to some.

Coumadin is known to be very effective and usually safe for humans, and is today the most common drug prescribed oral anticoagulant in North America. The drug is also used to treat irregular heart rhythms. Coumadin must be carefully calibrated: too much, and you can bleed uncontrollably; too little, and you can develop life-threatening clots.

Coumadin does not work well with certain other medicines and some foods can also cause problems with its effectiveness and effects. Recent studies show that common anti-depressants mixed with Coumadin may result in even greater thinning of the blood. Also at issue is that there has been an increase in the use of anti-depressants, often in elderly patients who may become dizzy or disoriented from those drugs and fall.

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South Florida Homicide Raises Negligent Security Issues

If you live in south Florida you may recall the very tragic case of a 19-year-old chef who was murdered in her apartment in the City of Oakland Park last year. On June 3rd, 2014 police say that the killer entered through a sliding-glass door and stabbed the victim several times. Then he stole her wallet.

The victim’s family is now suing the owners of the Bridgewater Place gated apartment complex where the horrible crime occurred as well as a security company for failing to provide adequate security, proper lighting, and sufficient locks. These elements are all part of an area of law known as security negligence and premises liability and Florida Statute 768 covers these issues.

The Chapter is very broad and covers the many responsibilities imparted to a property owner as well as limits to liability. For example, certain types of property must have adequate security lighting and security cameras. Another responsibility of property owners is to ensure that their employees have been screened by running a background check.

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Florida Medical Malpractice Caps Ruled Unconstitutional

Florida Medical Malpractice Caps Ruled Unconstitutional
How do you relate pain and suffering to someone? You can use hand motions like rubbing your forehead and say “Wow, I have a terrible headache!” But that only goes so far, the person you are communicating with has no idea how you feel. Maybe they have never even had a headache and haven’t a clue.

Now imagine having your esophagus perforated during a routine surgical procedure, then having everything you eat or drink leak through to your chest cavity. Then your condition worsens and you are in a coma for 6 weeks and in intensive care for an additional 3 months.

How do you relate that kind of pain and suffering to someone? It’s difficult.

Finally, imagine after all that suffering, you present your case in court. Then because of medical malpractice caps on damages you are denied the compensation you deserve. The judge or jury’s opinion on what you are entitled to becomes irrelevant. That is what happened to the victim who suffered those tragic events.

It’s just not right!

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Social Media Privacy and Florida Law

A case involving a “slip and fall” claim in Florida is challenging some widely-held expectations regarding privacy on social media sites like Facebook and Twitter.

A woman named Maria Nucci claimed that on February 4, 2010, she slipped and fell on a foreign substance on the floor of a Target store. In her complaint, she alleged that she suffered bodily injury, pain, lost earnings, and other damages.

This case, coming before the District Court of Appeals in the Fourth District of Florida is interesting and complex because it involves images and videos from the Facebook account of Ms. Nucci and deals with the issue of whether they are private or not. The case also deals with technical rules of procedure involving the timing of depositions and also statutes involving discovery, or the gathering of evidence.

The court cited the following opinion from a Palm Beach County judge:
Social networking sites, such as Facebook, are free websites where an individual creates a “profile” which functions as a personal web page and may include, at the user’s discretion, numerous photos and a vast array of personal information including age, employment, education, religious and political views and various recreational interests.

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Pharmacist’s Duty of Care in Florida – A Case Involving Drug Intoxication and Death

Pharmacist’s Duty of Care in Florida – A Case Involving Drug Intoxication and Death
When people go to the pharmacy to have a prescription filled, most assume that a collaboration between their doctor, the pharmacist, and the pharmacy’s computerized record system will ensure they stay in line with a plan for their best health. That is often not a realistic expectation.

A case in Florida involved two powerful medications – Alprazolam and Hydrocodone – and a patient (Mr. Steven Porter) who died as a result of combined intoxication from those drugs in March of 2011.

Instead of cooperatively working together, a lawsuit alleged that the physician involved over-prescribed the drugs and the pharmacy filled the prescriptions in a manner that exceeded what would be deemed reasonable and safe levels.

The lawsuit was filed by the estate of Mr. Porter and also stated that the pharmacy did not warm Mr. Porter about the dangers associated with taking large quantities of the drugs. The trial court dismissed the lawsuit, however a higher court, the District Court of Appeal 5th District reversed the decision.

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Liability for Damages and/or Injuries Involving an Alcohol-Impaired Person

We live in a world where commercials on TV portray a happy, friend-filled lifestyle for people who drink a particular brand of beer, wine, or other alcoholic beverage. Then at the end of the commercial, the announcer reminds us to “please drink responsibly.”

Now it would be nice if everyone listened to the announcer, but in fact that does not always happen. According to MADD.org in 2013 there were 10,076 persons killed in drunk-driving crashes, which is one every 52 minutes.

Sometimes people choose to purchase alcohol on their own and drink alone. Other times people go to parties and drink with friends. Often, people go to bars or restaurants and are served drinks by a bartender or server. It’s this scenario where the responsibility and liability for the actions of impaired persons is sometimes murky.

A case in France recently gained world-wide attention when a man died after being served 56 shots of alcohol, and the bartender was found guilty of manslaughter. See Time Magazine story here: TIME

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Negligent Security and Premise Liability Law in Florida

Property and business owners in Florida would be wise to maintain their premises in good order and free from any hazards that could injure a person who visits the property.
Many people are under the impression that if someone visits their property without permission, they are therefore not liable for any injuries or damage that may happen. This is not necessarily true.

Some of the terms that may be used to define injurious incidents occurring on property are gross negligence, ordinary negligence, premise liability, intentional misconduct and duty of care. Terms used to define persons who enter or visit property include uninvited guests, undiscovered guests, invited guests, and trespassers. Finally, some of the categories defining property types are private property, community property and public property.

You can see that this is going to get complicated.

A recent case in Palm Beach County involved an injured person’s status, the type of property, and owner liability or negligence and was the subject of a decision by the 4th District Court of Appeals. The incident involved a woman who was attending a party at an apartment complex. The woman was shot in the leg by a third party, and later sued the owners of the complex for negligence, saying they did not provide adequate security.

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Sharing Prescription Drug Information Among Doctors and Hospitals

Florida Prescription Error Law: The Goal is to Limit Errors – But it’s not a Guarantee
An accountant visits his Internal Medicine physician for a routine check-up. It’s tax-time and the poor fellow is working around-the-clock. The doctor writes a prescription for an acid-blocking medication because the stressed out patient complains of acid-indigestion.

The same patient visits his cardiologist a week later and that doctor recommends medications for blood pressure and cholesterol.

Finally, a week later the high-anxiety CPA wakes up with a throbbing tooth ache, and his dentist gives him a prescription for pain pills.

What will happen if he takes all these medications together? This is where the pharmacist plays a critical role in patient care because he or she is the central point where all these drugs come together, hopefully, and possible interactions are identified.

For Medicare patients, there are now organizations called Accountable Care Organizations.

What is an accountable care organization?

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