Medication Errors in Healthcare: Understanding the Risks and How to Protect Yourself from Medical Malpractice

Pharmacists can be trusted partners in medication management to avoid being a victim of medication errors and medical malpractice.

Introduction

Medication errors remain one of the most frequent and dangerous types of medical malpractice in healthcare. From prescribing the wrong drug to administering incorrect dosages or overlooking harmful drug interactions, these mistakes can result in severe harm, long-term disability, or even death. As patients live longer and take multiple medications for chronic conditions, the likelihood of a medication-related error increases. Despite advances in electronic health records (EHRs) and pharmacy automation, medication errors remain alarmingly common patient related injury.

In this blog, we will explore the different types of medication errors, what causes them, and what patients and families can do to prevent them. We will also share how organizations like EvaluCare can help individuals understand whether they or a loved one were harmed by a medication error and guide them in seeking answers and justice. When errors equal negligence it is important to know what you can do about it.

Types of Medication Errors

Medication errors leading to medical malpractice can occur at various stages of the medication process and include:

1. Prescribing Errors: When the wrong drug, dose, or route is prescribed. This includes drug allergies, incorrect indications, or known drug interactions.

   
   

2. Dispensing Errors: Mistakes made by pharmacies, such as giving the wrong medication, wrong dose, or incorrect instructions for use.

   
   

3. Administration Errors: When medications are given incorrectly, such as the wrong dose, route (oral vs. intravenous), or time.

   
   

4. Monitoring Errors: Failure to monitor a patient's response to a medication, especially those requiring dose adjustments based on lab values or clinical symptoms.

   
   

5. Documentation Errors: When medication administration or changes are not properly documented in the patient's chart, leading to duplications or missed doses.

   
   

Common Causes of Medication Errors in Medical Malpractice Cases

Several factors contribute to medication errors, including:

• Communication Breakdowns between physicians, pharmacists, and nurses.

  
  

• Illegible Handwriting or unclear instructions.

  
  

• Look-Alike/Sound-Alike Medications, like Lamictal and Lamisil.

  
  

• Inadequate Knowledge of drug indications, side effects, or interactions, especially among less experienced providers.

  
  

• Time Pressures and Workload, leading to rushed decisions.

  
  

• Faulty Systems, such as outdated EHR alerts or confusing medication lists.

  
  

A 2020 study published in BMJ Quality & Safety estimated that over 237 million medication errors occur in England every year, and about 66 million of them are potentially clinically significant. It goes without saying that the majority of these errors go unpursued as a legal remedy.

The Complexity of Polypharmacy

One of the most significant challenges today is polypharmacy, the use of multiple medications to treat complex or chronic conditions. According to the CDC, nearly 40% of adults aged 65 and older take five or more medications daily.

With so many drugs involved, the risk of dangerous interactions, duplicate therapies, and adverse side effects multiplies. Managing medications becomes even more complicated when patients see multiple specialists, each potentially prescribing new or overlapping medications.

Moreover, there are often multiple treatment options for the same condition. For instance, high blood pressure can be treated with ACE inhibitors, beta-blockers, diuretics, or calcium channel blockers, each with its own set of risks and interactions.

With many older adults also taking supplements the interactions increase exponentially.

Midlevel Providers and Oversight Challenges

In many settings, nurse practitioners and physician assistants are prescribing medications without adequate oversight. While many are highly skilled, they may lack the pharmacological depth or experience to identify complex drug interactions or risks associated with polypharmacy. Additionally, unlike in a hospital where inpatient pharmacy is a resource to perform medication reconciliation, that doesn’t happen in community based clinics with limited resources.

In a 2019 Journal of Patient Safety article, medication errors were reported more frequently in settings where midlevel providers were the primary prescribers. The study called for improved collaboration and oversight from supervising physicians.

This is an area where an increase in medical malpractice cases is likely given the tendency to staff clinics with mid-level providers to decrease the cost of healthcare in the United States.

The Aging Population and Chronic Disease Burden

As life expectancy increases, so does the prevalence of chronic conditions such as diabetes, congestive heart failure, COPD, and dementia. These conditions often require long-term, multi-drug regimens, increasing the likelihood of medication errors.

• Alzheimer’s and Dementia patients may forget to take medications or accidentally overdose.

  
  

• Heart failure patients often require medications with narrow therapeutic ranges that require precise dosing and monitoring.

  
  

• Diabetics using insulin must be careful about timing and dosage, as errors can be fatal.

  
  

Living alone or having no family advocate nearby only compounds the risk. As America’s life span increases slightly, the health span is decreasing.

Recent Medication Error Malpractice Cases

• Texas, 2018: A child received an adult dose of morphine due to a decimal point error. The family was awarded $4.5 million in damages.

  
  

• Pennsylvania, 2020: A patient was prescribed two blood thinners by different specialists, resulting in internal bleeding and death. The family received a $6.8 million settlement.

  
  

• California, 2019: A woman died after being given the wrong chemotherapy drug due to a pharmacy labeling error. The case settled for $3.2 million.

  
  

These cases are reminders that small mistakes can have irreversible consequences.

How Patients and Families Can Prevent Medication Errors

1. Maintain an Updated Medication List:

   • Include all prescriptions, over-the-counter drugs, and supplements.

   • Bring this list to every healthcare visit.

   • Write down and bring questions about potential side affects to every healthcare visit.

     
     

2. Use One Pharmacy:

   • This helps pharmacists check for interactions and duplications.

   • Get to know the pharmacist. Ask questions about every prescription.

     
     

3. Ask Questions:

   • What is this medication for?

   • What side effects should I watch for?

   • Are there any interactions with other medications I’m taking?

     
     

4. Involve a Family Member:

   • Especially for older adults or those with cognitive issues, a second set of eyes and ears can catch errors.

     
     

5. Understand the Medication Reconciliation Process:

   • This process ensures that medication lists are accurate and up-to-date across different healthcare settings.

   • Ask for a medication review when admitted to or discharged from a hospital.

     
     

6. Review the After Visit Summary (AVS):

   • Ensure that medication instructions are clear and match what the provider said.

     
     

7. Set Reminders:

   • Use pill organizers, apps, or alarms to manage complex regimens.

     
     

Helpful Resources on Medication Safety

• Institute for Safe Medication Practices (ISMP) – www.ismp.org

• FDA Drug Safety Communications – www.fda.gov/drugs/drug-safety-and-availability

• Agency for Healthcare Research and Quality (AHRQ) – www.ahrq.gov

• MedlinePlus Medication Safety – https://medlineplus.gov/medicationsafety.html

How EvaluCare Can Help

When a medication error results in harm or unexpected complications, patients and families deserve answers. Was the right medication prescribed? Were interactions considered? Was the dosage appropriate?

EvaluCare's experienced team of healthcare professionals, pharmacists, and quality experts reviews medical records to:

• Identify whether a medication error occurred

• Determine if the error was preventable

• Assess the impact on the patient's health

  
  

Our mission is to empower patients with clear, compassionate, and evidence-based insights. Unlike legal reviews that focus purely on litigation potential, EvaluCare takes a holistic view of the patient's clinical journey. We can be the first step to determine if you have a viable medical malpractice case based on any potential deviations from the standard of care and practice guidelines.

A Compassionate Partner in Your Time of Need

A medication error can shatter a patient’s trust in the healthcare system. It can leave families grieving or struggling with long-term medical consequences. If you suspect that a medication error harmed you or a loved one, you don’t have to navigate it alone.

At EvaluCare, we are deeply committed to helping you find clarity and accountability. Our team is made up of healthcare quality and medical professional who understand the challenges of modern healthcare and who believe in holding systems to a higher standard of safety. We can support you in demand letters to hospitals for direct settlements. We support all your medical care review needs for potential medical malpractice cases.

You deserve answers. You deserve support. And most of all, you deserve care that is safe, coordinated, and centered around you.

Let EvaluCare help you uncover the truth and take the first steps toward healing.

Learn more at www.EvaluCare.net or email info@EvaluCare.net

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References

• BMJ Quality & Safety, 2020. "Estimates of medication error prevalence."

• CDC: Medication Use in the U.S., 2022.

• Journal of Patient Safety, 2019. "Role of mid-level providers in medication errors."

• FDA Drug Safety Communications.

• AHRQ Patient Safety Network (PSNet): Medication Errors.

• ISMP Medication Error Reporting and Prevention.