Medication Error Attorney Boston
At Crowe & Harris, LLP, our Boston pharmaceutical errors lawyers realize that many Americans rely on pharmaceutical medications to preserve their health and well-being. From those who have medical conditions, which require them to remain on a long-term pharmaceutical regimen to those who only need them to cure minor health problems, pharmaceuticals are an essential product for a great number of people. However, if made improperly, labeled incorrectly, or issued improperly, the use of pharmaceuticals can pose significant, even life-threatening, dangers to patients.
Contact Crowe & Harris, LLP today at (617) 404-3417 to speak with our qualified member of our legal team about your situation and learn more about your legal rights and options in this situation.
On This Page:
- Why Choose Crowe & Harris, LLP?
- Pharmaceutical Error Practice Areas
- How Do Pharmaceutical Errors Happen?
- Recovering Compensation for a Pharmaceutical Mistake
- Contact a Boston Pharmaceutical Malpractice Lawyer
Why Choose Crowe & Harris, LLP?
Crowe & Harris, LLP has more than 100 years of experience helping people like you fight the medical system for preventable losses. In total, Crowe & Harris, LLP has recovered $300 million for our clients.
In order to bring a medical malpractice claim against a pharmaceutical company, you must prove their negligence. However, proving negligence is not an easy task to undertake, and our lawyers at Crowe & Harris, LLP can help you through the complicated process of recovering damages for a pharmaceutical error.
Pharmaceutical injuries can be difficult to identify because damages may result from more than one source. Our lawyers will investigate the incident and search for all liable parties to hold accountable. We use medical experts to help us determine if you were provided with adequate care. Our lawyers also make sure to preserve evidence such as medical records to make your case stronger.
If you or someone you know has been harmed or killed by pharmaceutical or prescription drug errors, contact Crowe & Harris, LLP today. Our medical-legal staff is seasoned in handling cases of medical malpractice and knows how to identify and prove a pharmaceutical error injury.
Crowe & Harris, LLP has been named Best Lawyers in America and Super Lawyers for years on end. Our team of professionals knows how to get the results that our clients want to see, and we will go the extra mile to make sure you receive the compensation you deserve.
Pharmaceutical Error Practice Areas
Pharmaceutical errors can occur in a variety of different ways, with accountability possibly lying with several different parties. The experienced attorneys of Crowe & Harris, LLP, know what it takes to represent clients in a wide range of pharmaceutical error cases, including those involving:
- Drug Side Effects
- Incorrect Labeling
- Incorrect Dosage
- Prescription Error
- Drug Complications
These and other types of pharmaceutical errors cannot and should not be tolerated. Thus, when a medical professional is responsible for causing a person’s pain and suffering because of these pharmaceutical issues, they should be held financially accountable.
How Do Pharmaceutical Errors Happen?
Pharmaceutical errors are usually preventable and they can lead to a medical malpractice claim. A pharmaceutical error can take place at any point between the time the doctor chooses the medication and the time when the medication is dispensed to the patient. While errors usually occur by the doctor or the nurse, pharmacists make critical mistakes too. The most common fatality associated with pharmaceutical errors is administering incorrect doses of medicine.
When a medical professional makes an error in prescribing medication, serious complications can arise. Medication errors harm an estimated 1.5 million people every year, according to the National Center for Biotechnology Information (NCBI).
Elderly patients are more likely to suffer from a medication error, and one in 30 elderly hospital admissions is due to an injury caused by medication. While some injuries are not preventable, including adverse drug reactions such as allergies, other reactions are preventable.
Another reason that pharmaceutical errors occur is because of illegible writing. When physicians are in a rush and quickly writing prescription orders that are not legible, this can lead to problems when the pharmacist receives the prescription. Oftentimes, the pharmacist is not able to read the writing, so they make their best guess. If it’s an emergency, and the patient needs the medication, this can cause a huge risk for the patient.
In this case, the pharmacist should have called the physician to make sure the order was correct. However, when pharmacists are hurried, they do not always take the mandatory precautions. When pharmacists make these critical errors, your life can be in serious danger and for no fault of your own.
Pharmacists can also make mistakes when the indication for the drug is not specified. Unfortunately, most prescriptions don’t include the diagnosis, which can increase the potential for complications.
By omitting this information, the pharmacist can have a harder time giving the patient detailed information regarding their medication use. Some medications have many uses, so when the pharmacist doesn’t have diagnostic information, they can give patients incorrect usage information, which can be detrimental to the patient’s health.
When a drug is dispensed, it is up to the pharmacist to check for drug interactions with other drugs and allergies. The pharmacist must then release the correct quantity of the medication in the correct form to the patient.
If the pharmacist does not check for drug interactions or allergies, the patient can be at serious risk. It is up to the pharmacist to keep the patient safe and not cut any corners during the dispensing process. The pharmacist must review prescriptions and make sure no errors are made.
Improving Communication and Safety Protocols
Effective communication and stringent safety protocols are crucial to preventing pharmaceutical errors. Health professionals should routinely verify patient information, reconfirm prescriptions, and educate patients on their medications. Enhanced electronic prescription systems can also minimize human error, ensuring prescriptions are clear, accurate, and promptly delivered. Addressing these systemic factors is essential in reducing the risk of pharmaceutical errors and improving patient safety.
Recovering Compensation for a Pharmaceutical Mistake
For you to recover damages from a pharmaceutical error, you must prove that the pharmacist’s mistake was preventable. The pharmaceutical error also must cause an injury to the patient. A patient who suffers an injury from a pharmaceutical error can also bring a case against a hospital, doctor, or nurse who made a mistake in the paperwork or dispensing of medication.
A plaintiff can recover damages for:
- Past and future medical bills
- Lost earnings
- Loss of enjoyment
- Pain and suffering
- Loss of consortium
If a patient dies because of a pharmaceutical error, the family can pursue a wrongful death claim.
Seeking damages for injuries caused by pharmaceutical error is a difficult task for an individual to tackle. If you or someone you know has suffered from a pharmaceutical error, you may have great difficulty proving negligence on the part of the pharmacist because of the industry’s strength in protecting their interests.
An attorney can help you determine the correct amount of compensation you will need to recover the damages you’ve suffered. If the amount is too low, then you may not be able to completely recover damages, and if the amount is too high, a judge or jury may dismiss your case.
Understanding the Impact of Errors
Medication errors can severely affect a patient's quality of life, often leading to prolonged physical and emotional stress. Addressing such impacts is part of our comprehensive approach, tailoring strategies that consider both short-term recovery and long-term wellness. Our team proactively engages with clients to assess ongoing medical needs and lifestyle changes that might be necessary post-injury, ensuring a holistic recovery process is prioritized alongside legal proceedings.
Boston’s Legal Landscape for Medication Errors
Boston, as a major hub for healthcare and legal services, offers a distinct blend of state and local laws impacting medication error cases. Massachusetts is known for stringent patient safety regulations, predominantly enforced through the Board of Registration in Pharmacy. The state maintains strict compliance standards to prevent medication errors, an aspect that is incredibly beneficial when pursuing justice in cases involving pharmacy mistakes. Understanding the local legal context is an important part of navigating a medication error case. Familiarity with local statutes around medical practices ensures your case can effectively hold the responsible parties accountable.
Massachusetts law supports victims of medication errors through regulations that encourage the reporting of errors without fear of significant repercussions for health professionals, which creates a transparency that benefits victims seeking justice. Additionally, the local courts in Boston are equipped with skilled judges familiar with the nuances of pharmaceutical malpractice, which can be a decisive factor in the resolution of these cases. This local legal knowledge and our expertise allow Crowe & Harris, LLP to craft compelling cases that align with client needs and local legal expectations.
Frequently Asked Questions
What is Considered a Medication Error?
A medication error refers to any preventable event that may cause or lead to inappropriate medication use or patient harm. This can occur at any stage of the medication process, from prescription and transcribing to dispensing and monitoring. In Boston, as in other parts of the country, these errors often involve incorrect dosage, drug interactions, allergic reactions, or confusion due to similar drug names. By engaging qualified professionals like those at Crowe & Harris, LLP, you can better understand how your situation fits into this definition and whether legal action is appropriate.
How Common Are Medication Errors in Boston?
Medication errors are unfortunately common across the United States, including Boston. The Massachusetts Department of Public Health regularly reports statistics on medication-related incidents, highlighting prevalent issues and trends. The advanced healthcare infrastructure in Boston, while state-of-the-art, still faces challenges related to medication errors due to the high volume of prescriptions managed daily. Understanding how these errors compare locally and nationally can provide insight into the severity of the problem, and how legal action might proceed in response to such errors in your treatment.
What Should You Do If You Suspect a Medication Error?
If you suspect a medication error, the first step is to seek immediate medical attention to address any adverse effects. Documentation is crucial, so retain copies of medical records, prescriptions, and any communications with your healthcare provider. Contact a legal professional experienced in pharmaceutical errors, such as those at Crowe & Harris, LLP, to explore your legal options. Collecting evidence early can substantially strengthen your case and help in accurately assessing the compensation you might be entitled to.
How Is Liability Determined in Medication Error Cases?
Liability in medication error cases involves identifying the party or parties responsible for the error. This can include medical professionals, pharmacists, hospitals, or pharmaceutical companies. Cases often require thorough investigation and expert testimony to determine the source of the error and the preventable nature of the mistake. In Boston, the legal framework supports a systematic approach to liability, which Crowe & Harris, LLP utilizes to effectively advocate for clients. This involves not only identifying the error but also demonstrating how it could have been avoided under standard medical practices.
What Compensation Can Be Claimed for Medication Errors?
The compensation for medication errors can cover a variety of damages, including medical expenses, lost wages, and pain and suffering. Additionally, if the error resulted in long-term damage or disability, compensation might also extend to cover future medical care and any lifestyle adjustments needed as a result of the error. In Boston, courts are accustomed to assessing these claims, and a well-prepared legal team like Crowe & Harris, LLP is vital in presenting a comprehensive and compelling case to secure the compensation deserved by those affected by these preventable yet impactful errors.
