When Medication Errors Occur in Hospitals, Who May Be Liable?
An estimated 100,000 medication errors are reported each year, with these errors being 30% greater for patients who are on five or more drugs. Whether it be understaffing, lack of adequately trained staff, or administrative failure, prescription errors place patients’ lives in peril. When a medication error occurs, physicians, pharmacists, nurses, or other hospital staff may be held responsible. Thankfully, our Greenville medication error lawyers have assisted individuals who have been harmed by prescription errors and are ready to advocate for you.
Accountable Parties for a Hospital Prescription Error
A medication error takes place anytime the wrong medication or dose is given to a patient. While sometimes the consequences may be minimal, serious side effects can result. Prescription errors are 100% preventable, given that appropriate protocols are in place. Given this, prescription errors are known as “never events,” since they should never occur.
The following parties may be held responsible for a prescription or medication error:
Physicians
A physician may be held accountable for a prescription error if they prescribe the wrong medication or an incorrect dose of the correct medication. While most physicians use electronic prescribing (e-scripts) to send prescription orders to the pharmacy, errors can and still do occur. Even if the correct medication or dose is prescribed, a physician could fail to check contraindications between medications, potentially leading to fatal consequences.
Pharmacists
Pharmacists work closely with doctors and nurses to manage, fill, and dispense medications to patients. Several mistakes can be made in the pharmacy. For instance, a pharmacist could mix up patient prescriptions, placing the wrong pills in a correctly labeled prescription bottle. A pharmacist could dispense the correct medication but the wrong dose, either having minimal health benefits (if the dose is too low) or potentially causing an overdose.
Nurse or Hospital Staff
A prevalent issue in our hospital system, understaffing and inadequately trained staff, can lead to patients failing to get their medications on schedule. When a dose of a life-saving medication is missed, the patient may sustain harm.
Can I Sue the Doctor or Hospital for a Medication Error in Greenville?
Before you can sue a physician or healthcare institution in South Carolina, state law requires that you undergo pre-mediation. According to SC Code §15-79-125(c), before filing a lawsuit, you (the plaintiff) will need to file a Notice of Intent to File Suit along with an affidavit of an expert witness supporting your claim. Pre-mediation is a form of alternative dispute resolution (ADR) that takes place before litigation is pursued.
During mediation, a neutral third party will facilitate conversation between you and the treating physician (defendant). If a settlement cannot be reached, then your case will proceed to court.
Knowledgeable Greenville Medication Error Lawyers Advocating for You
If you or a loved one has been injured due to a healthcare professional’s omission or carelessness, you deserve compensation for your emotional, physical, and financial damages. At Parham Smith & Archenhold LLC, our team of legal professionals is proud to provide top-tier representation to hardworking individuals. There is no substitute for having an experienced Greenville medical malpractice lawyer in your corner. To discuss your matter with one of our Greenville medication error attorneys, contact us online or by calling (864) 432-1796. We offer free consultations.