Southfield Pharmaceutical Error Lawyer

Our legal team will fight for you after a medication error.

Over 20,000 prescription drugs are currently approved by the U.S. Food and Drug Administration (FDA). This vast catalogue includes commonly used medications, variations on basic formulas, biologics, small-molecule drugs, and experimental medications.

The wide range of available medications gives healthcare providers numerous options to address patients’ specific needs. They must take care to prescribe appropriate medication at a safe and effective dosage to each patient. Pharmacists must ensure medication is dispensed correctly and instruct patients on its proper use.

Doctors and pharmacists are responsible for the prescription medications they provide to their patients. When pharmaceutical errors occur, patients can suffer serious harm. If you or a loved one has been injured by a medication error, speak to an experienced medical malpractice lawyer in Southfield today.

Medication Errors Are a Huge Problem

Approximately four billion prescription medications are dispensed annually in the United States. Of those, about 2.4 million are incorrectly dispensed in some way. Sometimes, these errors can be fatal. According to the World Health Organization (WHO), one out of every 30 patients in health care facilities suffers medication-related harm; more than a quarter of this harm is regarded as severe or life-threatening. The WHO estimates that half of the avoidable harm in health care is related to medication.

Any number of medication errors, even one, risks the health and safety of patients. Yet these errors continue to occur at staggeringly high rates. When they do, families can seek assistance from an experienced medical malpractice attorney.

Common Types of Pharmaceutical Errors

There are many different forms of medication errors, such as:

• A patient receives a drug other than the one prescribed to them.
• A patient receives the right medication, but the wrong dose.
• A patient receives the right medication and dose, but on the wrong schedule.
• A patient receives incorrect directions about how and when to take the medication at home,
• A patient receives the wrong medication formulation or strength.
• A patient is prescribed or administered a medication that interacts badly with a drug they’re already taking,
• A patient receives a medication to which they have a known allergy.
• A patient receives the wrong drug because its name or appearance is similar to the one prescribed.

Medication errors can be caused by a variety of negligent actions, including poor handwriting, lack of communication among medical staff, failure to double-check details, and system errors. They can occur in hospitals, pharmacies, nursing homes, doctors’ offices, urgent care centers, or when receiving emergency medical care.

Because pharmaceutical errors are often preventable, they form the basis for many Michigan medical malpractice claims.

Injuries Resulting From Pharmaceutical Errors

The effects of taking the wrong medication range from mild to catastrophic. A patient may suffer minor side effects or serious injuries. Examples include:

• Preventable severe allergic reactions.
• Organ failure.
• Neurological damage.
• Permanent disabilities.
• Death.

In some cases, a patient’s original illness may also worsen, since the medication they received in error didn’t treat their condition. Sometimes, dispensing the wrong medication can aggravate an existing condition. For example, accidentally giving a blood-thinning drug to a hemophiliac (whose blood doesn’t clot properly) could be life-threatening.

Medication errors can result from medical providers’ negligence. When negligent errors cause patient injuries, Michigan law permits the injured person to seek compensation through a personal injury lawsuit. If a medication error has injured you, the top-rated Southfield medical malpractice attorneys at Sommers Schwartz, P.C., can help you and your family pursue the compensation you need and deserve.

Preventing Medication Errors in Michigan Hospitals

Medication errors are the most common errors made in hospitals. Patient safety groups recommend that hospitals use two types of technology to reduce the frequency of these errors: Computer Physician Order Entry (CPOE) systems and Bar Code Medication Administration (BCMA) systems.

Effective CPOE systems include safeguards that alert prescribers to potential safety risks when they enter an order, such as interactions with a patient’s existing medications, patient allergies, or dosage errors. A BCMA system can help prevent medication mix-ups, using matching barcodes to ensure patients receive the medication prescribed for them.

Leapfrog, a nonprofit organization that monitors hospital performance and patient safety, released a report in 2019 reviewing the use of these safety systems by Michigan hospitals. It found that 86 percent of the 69 Michigan hospitals that reported data related to medication safety systems did not fully meet the recommended standards for their use. Only 39 Michigan hospitals met the CPOE system standards; just 13 met the BCMA system standards.

No hospitals in Southfield fully met both standards. While the Henry Ford Health System demonstrated the highest compliance standard, with five fully compliant facilities, Henry Ford Providence Southfield was not among them.

Hospitals have a duty to exercise reasonable care in protecting their patients from harm. Failing to implement safety systems proven to reduce the risk of medication errors may be a sign of institutional negligence. If you were harmed by a medical error in a Michigan hospital or inpatient facility, discuss your case with an experienced medical malpractice attorney.

Why You Need a Southfield Pharmaceutical Error Attorney

Healthcare providers and hospitals use experienced lawyers and law firms to defend their interests and protect them from liability. Medical malpractice insurers invest heavily in defending against claims and limiting the amount they must pay for any losses.

These are experienced attorneys with substantial resources at their disposal. Their primary goal is to minimize the amount their clients pay to settle patient claims. An experienced Southfield pharmaceutical error attorney will stand up for your rights and help you secure fair compensation for the harm you’ve suffered.

It’s not always easy to obtain all the medical records and other evidence to support a medical malpractice claim. It’s even tougher while you’re dealing with serious injury or illness or grieving the loss of a loved one. An experienced medical malpractice attorney will take the burden of these responsibilities off your shoulders. They’ll conduct a full investigation and gather the evidence you need to provide the full context for your injuries and support your claim.

Meeting Michigan’s Unique Requirements for Medical Malpractice Claims

A medical malpractice lawsuit is a type of personal injury claim; however, these cases have unique requirements under Michigan law. For instance, before filing a lawsuit, an injured person must first provide notice of the claim to any provider or organization they plan to name in the lawsuit. Medical malpractice cases can also involve complex medical questions, which require the assistance of expert witnesses.

Not all lawyers are skilled at pursuing medical malpractice claims. Experienced medical malpractice attorneys know how medical malpractice claims differ from other types of personal injury cases. A knowledgeable attorney will ensure your case meets all the legal and procedural demands of these specialized cases, preserving your right to seek the compensation you deserve.

Demonstrating Fault

Medical malpractice plaintiffs must prove certain key elements to qualify for compensation in a Michigan lawsuit. These elements apply to all types of medical malpractice claims, including cases involving medication errors.

These key elements of fault are:

• That a provider-patient relationship existed between the plaintiff and each of the named medical providers.
• The provider failed to meet the accepted standard of care.
• Failing to meet this standard of care caused harm to the patient.
• The patient suffered damage as a result of the harm.

Medication errors are often caused by a provider’s failure to meet the standard of care. For example, a provider who fails to check whether a patient is on other medications that could interact badly with a new prescription would likely fail to meet the standard of care.

Proving fault can be especially complex in medication error cases. First, you need to determine exactly who made the mistake. Was it the doctor? The pharmacy? A nurse? A drug manufacturer? You may need expert witnesses to explain the technical details to a court.

To make matters more complex, a hospital’s or provider’s lawyer may try to argue that you were partly or totally at fault for your own injuries. For instance, they may say that you failed to tell anyone about your allergies or other medications. Pushing back against arguments like these is challenging but essential. An experienced attorney can stand up for your rights against these tactics.

Securing Compensation

Compensation for a medication injury case includes many types of damages caused by or connected to the drug error. While compensation cannot cure permanent injuries or erase the harm caused by a serious error, it can give you and your loved ones the resources you need to move forward.

Damages in Southfield pharmaceutical injury cases often include:

• Medical bills.
• Future medical costs.
• Cost of ongoing care and assistance.
• Lost wages.
• Loss of future earning capacity.
• Physical pain and suffering.

You may be able to recover compensation for many other types of losses related to a medication error, such as costs associated with doctor visits or the costs of necessary home accommodations for permanent disabilities. There are no limits on the amount of “economic” damages you can recover to reimburse you for your tangible losses.

However, Michigan limits “non-economic” damages in medical malpractice claims. These losses, such as pain and suffering, are “capped” under state law. The specific limits are set by the Michigan Department of Treasury each year. An attorney can help you calculate the current limit and determine how these apply to your claims.

Speak to an Experienced Southfield Drug Injury Lawyer Today

Medical malpractice can feel like a betrayal. Medication errors can leave you or a loved one in worse condition than before you sought medical help. You may feel like the system has failed you, your loved ones, and your family.

An attorney can help you recover the resources you need to move forward. Your lawyer can investigate your case, identify liable parties, work with medical experts to prove damages, calculate a fair compensation amount, negotiate with insurance companies on your behalf, and take your case to trial if needed.

You’re not alone. The experienced Southfield medication injury attorneys at Sommers Schwartz, P.C. can help. Contact us today to learn more.