prescription negligence

Medication Errors Now Number 5 on Medical Malpractice Lawsuit List

Florida Medication Negligence Attorneys Lazarus and Lazarus

Medical malpractice is defined as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient. Fortunately our U.S. Constitution allows victims to use the courts to seek compensation when they are injured by someone else’s carelessness, negligence, or malpractice. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages. Money damages, if awarded, typically take into account both actual economic loss and noneconomic loss, such as pain and suffering.

For many years the most common causes for victims to file medical malpractice lawsuits were improper diagnoses and actual injuries to patients but “medication errors” and specifically “pharmacy errors” have combined to now rank fifth on the list of most prevalent causes for the filing of lawsuits.

According to the National Institutes of Health: Close to 6,800 prescription medications and countless over-the-counter drugs are available in the United States.

Each year, in the United States alone, 7,000 to 9,000 people die due to a medication error. Additionally, hundreds of thousands of other patients experience but often do not report an adverse reaction or other complications related to a medication. The total cost of looking after patients with medication-associated errors exceeds $40 billion each year.

Medication errors happen in hospitals and they also happen when mistakes are made by pharmacists or pharmacy technicians at your local pharmacy.

The Law Firm of Lazarus and Lazarus has been helping people injured by medication errors since 1992 and we have special expertise dealing with the medical issues related to prescription medication mistakes. If you have questions we are always here to help by calling 954-356-0006.

 

south florida pharmacy error attorneys

How to Catch Pharmacy Errors Before They Hurt You – Fort Lauderdale Personal Injury Attorneys

South Florida Personal Injury Attorneys

Did you ever make a measurement mistake while following a recipe? A common one is to confuse teaspoon (tsp) with tablespoon (tbsp) and sometimes while making baked goods it can make a big difference in the outcome. Still, a little too much baking soda or not enough vegetable oil probably won’t cause a major health issue.

A mistake like that with prescription medication may cause serious harm or death.

We have always advocated that patients be their own watchdogs in addition to asking questions and verifying everything with their own doctors and pharmacists. Doctors, pharmacists, and pharmacy technicians are trained to be accurate, but the Food and Drug Administration estimates that 1.3 million people are injured by medication errors annually in the U.S. – Source: AARP.org

According to DrugTopics.com a pharmacist reported making a mistake that involved mixing up the dosage for a very powerful pain killer. The medicine was dispensed for an infant and the error involved a mix-up of milliliter and teaspoon measurements. It’s important to note that one milliliter is equal to 0.202884 teaspoons. This particular error could have been fatal.

Another error that has happened too many times involves a “called-in refill” where a pharmacy refills a prescription that has actually been replaced by a new medication. In one instance the patient was having adverse reactions to a medication and the doctor changed to a new one. The pharmacy refilled the old one and the patient became very ill.

Sometimes pharmacists and doctors may be unaware of a patient’s pre-existing conditions or other medications. In one case a patient that had recently undergone chemotherapy was prescribed a medication that was totallyPersonal Injury - Pharmacy Negligence inappropriate for such a situation. The patient, doctor, and pharmacist never communicated what was going on and once again there was a very bad reaction and the patient nearly died.

Communication and verification are key elements to avoid prescription medication errors and injuries. Take the time to ask your doctor what is being prescribed, why it is being prescribed, and make absolutely sure your doctor is 100% aware of every medication you are taking, even if it’s over-the-counter.

When you pick up your prescription don’t hesitate to ask the pharmacist questions. Make sure the right pills are in the right bottle and that the dose is correct. If your doctor prescribed 100 milligrams per pill of a medicine make sure you didn’t get 500 milligrams. It is your right to have a consultation with your pharmacist.

One of the most common errors patients make is forgetting to take a pill or other medication or taking it twice in one day when the directions call for only once. A daily pill counter can help with these situations. Make sure all medications are stored where children cannot get to them.

The AARP has published a helpful page online: What You Can Do to Avoid Medication Errors

Always maintain and carry with you a complete and current list of every medication you take, even if it’s aspirin or vitamins. If something happens and you are rushed to the hospital they medical professionals who treat you will need to know your situation. Also, while you can’t carry around your complete medical history, it is a good idea to write the dates of previous surgeries and major events. For example, if you had heart bypass surgery ten years earlier, the doctors in an emergency should know that.

South Florida Pharmacy Error Attorneys

Lazarus & Lazarus Law Firm has helped victims of prescription medication errors by healthcare professionals since the start of our firm in 1992. We have also helped people who have been harmed by bad drugs. If you or someone you know has received an incorrect prescription drug please reach out to us at (954) 356-0006 and we will use our experience and knowledge to investigate what happened and how.

 

Prescription Errors South Florida Covid-19

Covid-19-Related Chaos and Errors at the Pharmacy – Lazarus and Lazarus Law Firm

South Florida Prescription Error Attorneys

You’re running around town on a Saturday afternoon taking care of those errands you can’t attend to during the week. One of your stops is at the dry cleaners where you pick up your shirts, lightly starched, so you’ll be ready for work on Monday. When you arrive home you realize you didn’t receive your shirts, you have someone else’s laundry! Well, it’s inconvenient but it’s not the worst thing that ever happened so you return and get the right items.

One of your stops the following Saturday is the pharmacy. Surely your pharmacist is trained so well you don’t even think about a mistake with your pills. Think again.

According to the New York Times mistakes happen all too often, including these:

Edward Walker, 38, landed in an emergency room, his eyes swollen and burning after he put drops in them for five days in November 2018 to treat a mild irritation. A Walgreens in Illinois had accidentally supplied him with ear drops — not eye drops.

For Mary Scheuerman, 85, the error was discovered only when she was dying in a Florida hospital in December 2018. A Publix pharmacy had dispensed a powerful chemotherapy drug instead of the antidepressant her doctor had prescribed. She died about two weeks later.

These terrible incidents were pre-Covid-19.

Pharmacies today are busier than ever because of the sheer number of prescriptions being written for patients, and with Covid-19 pandemic people are more confused than ever about taking their Fort Lauderdale Pharmacy Negligence Attorneysmedications. At the beginning of the Covid-19 outbreak the World Health Organization issued a warning about ibuprofen (the ingredient in Advil) and warned people not to take it. Later they dropped that warning, but many people are still leery and they just don’t know what to do.

Patients are concerned and asking questions about vaccines, experimental medications, and many people are panicking when they get a mild fever because they think they might be infected with Covid-19. The volume of work for pharmacists has risen since the pandemic started and that, according to multiple studies, is what leads to more mistakes.

South Florida Prescription Error Attorneys

The Law Firm of Lazarus and Lazarus has focused on prescription errors since our beginning in 1992. South Florida is home for millions of seniors who take more prescriptions than younger people, and they are often the victims of pharmacy errors. We have always advised people to double-check their prescription medications but now with the pandemic continuing we urge people to be even more vigilant that they received the right order from their physician and that they get the proper medication and the right dosage from the pharmacy.

If you believe you have been given the wrong medication or dosage and you suffered because of that mistake, we can help. Calling us at (954) 356-0006 will put you directly in tough with Mr. Gary Lazarus or Arleen Lazarus and a free, confidential consultation can be arranged promptly.

 

Fort Lauderdale Pharmacy Error Attorneys

Should Your Doctor Dispense Medications? Pharmacy Error Attorneys Lazarus and Lazarus

Pharmacy Errors

We all know the routine. You visit your doctor and before you leave you are handed a prescription for a medication to take to the pharmacy. Many doctors today can send the prescription by computer direct to your pharmacy and that makes life a little easier but you still need to stop at the pharmacy on the way home.

What if doctors were to fill your prescription right in their office?

One issue with going to the pharmacy routine is that some people never go. A study revealed that 20-30% of all prescriptions are never filled. The reasons for this could include forgetfulness, cost, or just apathy, and it’s a serious issue.

If a doctor gives a patient a prescription and it is never filled, the doctor will usually assume the patient is taking it. If something happens, a physician will not be able to thoroughly understand what’s happening with the patient and why certain symptoms are present or missing. It is very important to take medications as prescribed and always carry a list of all medications including dosages with you in case of emergency.

Getting the medication into the patient’s hands as quickly as possible is definitely an advantage of in-office dispensing. Another advantage is communication. Patients would probably be more Pharmacy Negligence Attorneysinclined to take a few minutes to speak with their doctor or nurse about how and when to take the medication, and ask questions about side effects.

People who favor doctor dispensing also claim that privacy, accuracy, and convenience are also benefits.

Pharmacies obviously would not favor increased doctor dispensing of prescription medication because they would lose business, and they claim that costs would rise dramatically. Pharmacies feel they do a good job filling prescriptions accurately and making sure they watch for any negative drug combinations that could cause issues for patients. However, several studies and investigations including one by the Chicago Tribune found that pharmacies actually make many errors.

Forbes magazine recently reported an incident where several people received injections of insulin instead of a flu shot. It happened at a facility, not at a pharmacy but the injections were administered by a pharmacist.

Whether a patient gets medications from their physician or their local pharmacy the important thing is that they receive the medicine they are supposed to take. Pharmacy errors have included putting the wrong medication in the bottle, or incorrect dosages and these mistakes can cause serious injury or death.

The Law Firm of Lazarus and Lazarus has been helping victims of prescription injuries since 1992. These cases involves a special level of expertise and victims should seek a personal injury attorney with experience. Please call Gary and Arleen Lazarus at (954) 356-0006 and we will listen to you, then recommend the best course of action if you believe you may be a victim of pharmacy errors or if your physician may have made a mistake in your treatment.

 

 

Medication Errors Happen in Hospitals as Well as Pharmacies

Have you ever tried to pronounce the names of some prescription medications? They’re not only hard to say, many of them are spelled similarly and yet their applications and effects can be completely different. Errors in medications happen thousands of times all across country, usually because of a mix-up at a pharmacy, but they also happen in hospitals and clinics.

Take the case of a patient in Tennessee who was treated at Vanderbilt University Medical Center being treated for a subdural hematoma in December 2017. The patient was improving with treatment and was supposed to receive an injection of a sedative called Versed, a standard anti-anxiety medication. The precise events that unfolded are not completely clear yet, but it seems that the nurse who administered the injection used an electronic prescribing cabinet and actually gave the patient a syringe containing vecuronium. Vecuronium is one drug that is often used to cause death in prisoners sentenced to be executed by lethal injection.

Hospital Medication ErrorsThe patient at Vanderbilt hospital died, and the investigation centers not only on the mix-up with the medication but also on a possible cover-up after the fact.

It’s obvious to anyone who has ever visited a hospital that they are very hectic places. Hundreds of patients, dozens of doctors, thousands of drugs, tests, and treatments, and yet somehow all the elements seem to come together in a controlled chaos to heal most people and send them back to their normal lives. Hospitals have procedures in place to check and double-check medications, but a mistake can have dangerous or fatal consequences, as described above.

Studies have shown that of all the situations where errors in pharmaceutical medications may occur, it is at the time of patient discharge that most mistakes are made.

When sent home from the hospital it is common to leave with several new prescriptions from more than one physician, or physician’s assistant. When this happens you may wonder about the directions for these new medications, and you’ll possibly not be clear about your current ones. This is the time to stop and ask for help!

Fact: After discharge, medication errors are the leading cause of patient adverse events.

Everyone should keep a current list of all medications, including non-prescription, along with dosages, and then set aside time to ask their doctor and pharmacist if everything lines up properly with what is best for their situation. Make sure there aren’t any potential adverse reactions or side effects which may cause harm.

If you have possibly been harmed because of a mistake with medications, you have rights. Medical negligence and malpractice are serious issues and need to be handled by skilled and experienced professionals who know what steps to take. Call us at (954) 356-0006 for a free and confidential consultation.

Medication Errors in Nursing Homes – A Dangerous Dilemma

We have focused a major portion of our law practice on helping the victims of prescription errors and also on nursing home negligence. Sometimes there are medication errors occurring inside nursing homes and other care facilities, and the friends and families of the victims don’t know where to turn. We’ll start with some facts:

• State and Federal laws actually consider a percentage of prescription medication errors to be “acceptable” and even though nursing homes and other care facilities are inspected regularly, little is done when mistakes exceed the allowed level.

• Often, mistakes are self-reported, so it’s not known if every error is making it into the records.

• Most people are not aware that information about care facilities is available online, and ratings and inspection reports are available for review.

• People are also unaware of the warning signs for prescription-related sicknesses and injuries and how to look for them.

The Florida Agency for Health Care Administration recently issued this statement:

In addition to the requirement that nursing homes shall not have medication errors of 5% or greater, each nursing home must provide pharmaceutical services to ensure accurate administration of medications. This includes the participation of a pharmacist consultant who helps develops and monitors processes within the facility to ensure resident do receive the correct medications.

We believe 0% is an acceptable number of medication errors because of the serious harm that a patient may experience if given the wrong medication, or an over-dose, or medication is not administered at all.

Warning Signs: If you have a loved one currently in a care facility in Florida, it would be a good idea when you visit to ask questions about the dispensing of drugs. Ask about the procedures for giving drugs to patients and how the records are kept. Watch for changes in the patient with regard to their alertness, energy level, skin color, and balance. If there is a sudden change in any physical characteristic at all, ask questions. Also, look into their eyes when you visit and watch for any changes. Dilated or constricted pupils can be a sign something is wrong. We’re not suggesting you do the job of a doctor, but try to be aware of anything unusual.

Also, there is a website that offers details about all the health care facilities in Florida, as well as information on doctors. Please click here to find information on facilities, and click here to verify the license of an individual doctor, nurse, or other health care professional.

Doctors, pharmacies, and pharmacists make mistakes. When they do it can cause serious injury, pain, and suffering. Victims have rights, and they can take action to be compensated for the mistakes made by others. If you have questions, we’re here to help. Call us at 954-356-0006.

 

Florida Prescription Medication Attorneys

Prescription Errors Persist Despite Regulations and Training – Florida Pharmacy Error Attorneys

In most workplaces a small error doesn’t cause a problem, but at the pharmacy it may jeopardize someone’s life. A recent case involved a woman who was scheduled for an MRI examination. Her physician prescribed a mild medication to calm her nerves because she gets claustrophobic, but what was supposed to be 1/4 milligram dose was dispensed from the pharmacy at 2 full milligrams and the patient passed out during the test. Paramedics were summoned and they were able to revive her after some time.

Another situation was a name mix-up. A man who thought he was picking up a muscle relaxant actually received a bag with pills intended for a man with the exact same name. The man went home and began taking pills intended to treat a psychological issue, and he attempted suicide. Fortunately he survived and is suing the pharmacy for the error.

And in a move that could cause even more errors and mix-ups, there are more companies moving into online prescription ordering and fulfillment, including Amazon. CBS Miami recently reported on the growing trend, and a professor of pharmacology at FIU said “Almost 50% of patients take their medication incorrectly and that causes emergency room visits,” she told CBS4 Anchor Lauren Pastrana. “Over 3.5 million physician office visits (happen) yearly due to medication-related problems.”

All the publicity about these serious mistakes has prompted more training for pharmacists and pharmacy techs, and internal policies and procedures have been tightened according to the major pharmacy chain stores, but the problems are not going away.

There is a reason for the consultation window at the pharmacy but it seems that few people take advantage of it. We strongly advise everyone to closely examine their prescriptions before leaving the pharmacy. Ask the pharmacist to come to the window and check the name, the medicine, the doctor, the dosage, and the instructions. The few extra minutes it takes to do this may save you from being seriously hurt or worse by a pharmacy error.

If you ever have any confusion whatsoever about a pill or pills that you can’t identify, and you’re not sure if it’s the right one, return to the pharmacy and ask.

The Law Firm of Lazarus and Lazarus has been helping people who are victims of either doctor or pharmacist mistakes regarding prescription medications for over 20 years. We also handle cases where people are hurt due to a problem with the drug because of harmful side effects. We are very experienced investigating cases to find the cause of problems whether it is a pharmacist, pharmacy, doctor, hospital, or drug company and we get the facts and answers needed to proceed with whatever action is necessary to protect our clients.

Call us any time at 954-356-0006 if you have questions. We’re here to help.

Prescription Errors

Don’t Rush Taking Prescription Meds and Avoid Dangerous Mistakes

We’ve all seen those daily pill organizers used to keep track of prescription pills. Most people think “those are for old people, not for me” but the truth is we all should slow down and take time to sort out our medications. Here’s why:

According to a recent study, “every minute of every day, three Americans call a poison control center because they’ve made a major mistake

Prescription Overdoses
It’s always good to have this number nearby: 800-222-1222

with their medication.” You’re probably wondering how many people is that exactly, and so we’ll do the math for you. 24 hours X 60 minutes per hour = 1440 minutes and three per minute adds up to 4,320 people per day which is 1,576,800 people per year.

Why does this happen?

Because people don’t take the time to focus on taking the right pill at the proper time and they don’t follow directions. Often it is a case of interaction between the drug they were prescribed and some other pill or liquid they didn’t bother to tell their doctor about. Sometimes people are just in a hurry and they think “I forgot to take my pill yesterday and the day before, so I better take three today.” Often that is very unwise to do.

If you look at the directions that accompany your prescriptions you will see somewhere it says “what to do if you miss a dose” and you should read that. With some medications 3 times the normal dose may seriously hurt you. It may put you to sleep while you’re driving.

The same study found that the rate of serious medication errors rose from 1.09 for every 100,000 Americans in 2000 to 2.28 per 100,000 by 2012. One-third of the cases resulted in a hospital stay, the researchers said.

We also have to consider the possibility that a mistake was made in the chain of events from your physician writing your prescription to the point where you pay for it at the pharmacy. Despite computers and robot pill dispensers, there are still many “medical errors” made every day.

So, what is the solution? Set aside some time at the beginning of each week and sort out your pills. The organizers seem like a good tool to use. Each time you visit the pharmacy, pay more attention to the medicine you’re picking up and stop to ask the pharmacist questions. Always tell your doctor and pharmacist if you’re taking any over-the-counter supplements or pain-killers, and in general slow down. This is your health we’re talking about so don’t grab a handful of pills and toss them back with a swig of coffee.

If you feel that your doctor or pharmacist made a mistake with your prescription medication or if you think one of your medications has harmed you, please call us at 954-356-0006. Prescription errors have been a special area of our law practice for over 20 years and we know what to do.

pharmacy errors

Do a Pharmacy Check-Up for Your Safety – Pharmacy Errors

Today’s pharmacies are busy places. Thousands of incoming orders and outgoing medications, it’s difficult to find data on what the exact volume is. But if you’ve been to your local pharmacy recently, you know it’s a lot.

Some states have proposed limiting the number of prescriptions that can be filled per pharmacist, but there is little control over that type of system. Reality is that most prescription orders are actually filled by the technicians and “verified” by the pharmacist. Most patients are at the mercy of “the system” which includes all your information being kept in a computer database, and this is where you can take steps to at least make sure they have accurate information.

It’s probably not a good idea to use more than one pharmacy for your medications. The reason is that pharmacy computer where you order your medications keeps a list of all your medications and this way they are able to check for the potential for adverse reactions. If you are frequenting pharmacies that data is probably not shared.

So, many health care specialists recommend you do a pharmacy check-up at least twice a year. This means setting aside some time to ask your pharmacist to verify the information in their computer system as accurate and up-to-date. You should always have a list of exactly what medications you are taking and what the dosage is. Verify all this with your pharmacist. When anything changes, let them know immediately.

If you stop taking a particular medication, you should notify your pharmacist so they can remove it as being a “current” medication. We are at the mercy of the system in many respects, so we have to work with it and do our best to make sure the information is accurate.

Every time you drop off your prescriptions:

• Tell your pharmacist all the medications and over-the-counter drugs you take – especially those vitamins and herbal remedies purchased at health food or grocery stores, nutrition or smoothie shops. Your pharmacist has references that identify potential drug interactions.
• Confirm that the computer has your current prescription benefit information, allergies and/or drug intolerances, and phone number.
• Find out how many refills you can get. Make sure that your physician has provided enough refills until your next visit. Prescriptions and refills are only valid for one year.

Each time you pick up your prescriptions:

• Confirm the drug is correct at the pharmacy counter. Compare the instructions given by your physician to the drug name on the pharmacy label.
• Open the bottle and look at the medications to confirm that the medications are imprinted with the correct drug name and strength. If there is no imprint, ask the pharmacist technician or the pharmacist to show you the bottle from which the medication was dispensed for comparison. Also learn what your medications look like if you take them over a period of time.
• Liquids usually have a unique scent. Learn to recognize your liquid medications by smell.
• Confirm the dosage is correct. Compare the instructions given by your physician to the instructions on the pharmacy label.
• Pediatric medications are at high risk for dosage errors. Most drugs’ dosages are based on weight. Confirm your child’s medication dose with your child’s doctor and/or pharmacist.

Every patient should try to play a role in the system by being inquisitive. Ask questions and verify everything. If you feel confused and don’t believe you can adequately do these things, ask for help. If a pharmacist or pharmacy tech won’t give you the time to properly explain things to you, ask the store manager. If you’re not satisfied, you may want to try a different pharmacy. And you can always ask your doctor for help, or the staff.

No system is perfect, but today’s prescription medication process is so stressed with high volume and multiple drugs that mistakes are common. Working with patients who are victims of pharmacy errors has been a special area of focus for our law practice for many years. It is a complex area and requires extensive knowledge of drugs and procedures used by physicians and pharmacies. If you believe you may have been made sick because of a pharmacy error, you should give us a call and tell us your circumstances. We are here to help. 954-356-0006.

pharmacy negligence attorney

How Many New Drugs are Approved Each Year?

Florida Pharmacy LawyerWhen you go to the pharmacy and see all those bottles behind the counter, do you ever wonder how many drugs there are? How many new drugs are introduced to the market? How do they keep track of all those drugs?

You might think that hundreds of new drugs hit the market every years, but actually it’s not that many. In 2016 there were 21 new drugs approved by the FDA. They are called novel drugs.

A Novel Drug or a New Molecular Entity (NME) is an active compound, complex, molecule that previously has not been approved by the FDA/EMA. This is different from a previously approved drug that has received approval for an different but new condition.

The new drugs for 2016 range from treatments for muscular dystrophy and cancer to drugs that help dry-eye syndrome. Click here to see a list of all the new drugs.

How many drugs, in total have been approved by the FDA? That number currently is about 1500 and over-the-counter drugs number about 5000. When you consider that doctors and pharmacists have to aware of all 6500, it’s quite a challenge. These professionals are responsible for understanding the side-effects, the interactions, and also how they may react when mixed with different types of foods and in different environments. Some drugs should never be taken with grapefruit juice, and others should not be taken at high altitudes.

Despite the complexity of the prescription medication industry, these are the responsibilities assumed by pharmacists and physicians. You, as a patient, should keep in mind that sometimes  medical professionals make mistakes and you should do everything you can to make sure you understand. Take a few minutes to ask your doctor about what medications might not mix with your diet. Ask your pharmacist to explain dosage quantities and times if you don’t understand.

Large pharmacy chains are always busy, but you deserve some time to make sure you’re taking medication that will heal you, not hurt you.

Pharmacy Negligence Attorney

Pharmacy errors has been a major part of our work with people across south Florida for over 20 years. We understand drugs uses, interactions, and side-effects and if you think you’ve been the victim of a mistake we might be able to help. Call us at 954-356-0006 and we’ll talk.