Prescription Error Lawyers in Sacramento

Holding Pharmacies Accountable for Serious Medication Errors

Each year, pharmaceutical providers like CVS Health, Walgreens, Rite Aid, and Walmart fill billions of prescriptions for patients across the United States. Representing well over half of the market share in the $440 billion pharmaceutical industry, these retailers have a responsibility to ensure that their pharmacists and internal systems can protect consumers from severe medication errors, which can have life-altering consequences for victims.

However, the New York Times reported in January 2020 that many pharmacists at Walgreens and CVS are dealing with chronically understaffed and chaotic workplaces, as well as intense pressure to meet corporate sales goals at the pharmacy counter. Because of these alleged practices and continued reports of errors, many plaintiffs have come forward to file prescription error lawsuits against these pharmaceutical chains. If you or your loved ones have been seriously injured as a result of a pharmaceutical error, you could also be eligible to file a lawsuit.

Contact our Sacramento prescription error lawyers at (916) 520-6639today or submit our online contact formto schedule a free consultation. 

Understanding Medication Error

According to some estimates, there may be up to 2.8 million medication errors in the United States every year, and while most of these errors are relatively harmless, they also cause between 7,000 and 9,000 deaths annually. The U.S. Food & Drug Administration (FDA) has also reported that it receives over 100,000 annual claims of suspected medication error, defined as a preventable event that "may cause or lead to inappropriate medication use or patient harm." According to the National Center for Biotechnology Information (NCBI), prescription errors account for 70% of medication errors that could potentially result in adverse effects.

Because medical professionals deal with matters of life and death, they have an unusually strict duty to stay informed within their fields and adhere to widely accepted guidelines. In legal terms, physicians, pharmacists, and other medical care providers must know how to apply the correct "standard of care" with all of their patients. The standard of care can be best understood as the level of care that another reasonably competent medical professional would apply in similar circumstances, and it applies to both prescribing medications and filling prescriptions.

Causes of Prescription Error

Medication error occurs whenever a healthcare provider – typically a pharmacist – gives a patient the wrong dosage or type of medication for their prescription. While most of these errors involve minor dosage issues and will not lead to severe injuries, others can cause life-threatening complications, often sending vulnerable patients to the emergency room or hospital. It's estimated that in the United States, up to 9,000 people die annually because of dangerous medication errors, and thousands more may suffer serious injuries.

In general, prescription error is caused by the following factors:

• Understaffing at pharmacy counters
• Issues with Electronic Medical Records (EMR) systems
• Chronic fatigue due to long pharmacy hours
• Poor communication between health providers
• Incorrect use of medical abbreviations

Common Causes of Prescription Errors

There are several specific factors that contribute to dangerous medication mistakes:

Inadequate Knowledge of Medications

There are only so many different ways to design a pill, and prescription names can be long and complicated. So, if a pharmacist does not have adequate knowledge of the medications they are providing to patients, they can easily confuse one medication with another—potentially leading to a deadly error.

Confusing or Unsafe Work Environment

If a pharmacy is disorganized or medication is stored improperly, prescriptions can get mixed together or lose their potency. Such mishandling of medications can result in a patient receiving the wrong prescription or one that no longer works.

Poor Handwriting

Doctors are notorious for illegible handwriting. It's possible that a confusing prescription can cause a pharmacist to give the wrong type or dose of medication to a patient. While many hospitals have avoided this issue by using digital prescriptions, some facilities still operate the old-fashioned way.

Common medication errors include:

• Mislabeling or incorrectly storing a medication
• Giving a patient the wrong dosage of a medication
• Giving a patient the wrong type of medication
• Applying too much or too little anesthesia during surgical procedures
• Failing to provide warnings about known side effects
• Ignoring known patient allergies and reactions
• Failing to notice a dangerous drug interaction with the patient's existing medication

Prescription error has always been a problem for the medical industry, but in recent years, the problem has been aggravated by a singular factor: aggressive corporate sales quotas at the nation's largest pharmacies and chains. In the New York Times investigation, reporters found that dozens of state regulatory boards had been overwhelmed with complaints from disturbed pharmacists, claiming that it was difficult to perform their jobs safely while meeting strict performance goals and doing additional "busywork." A later investigation found that at Walgreens, senior leaders directed external consultants to hide similar findings about systemic medication errors. Worried about losing their jobs, many pharmacists have been forced to share their complaints anonymously.

Medication Error Lawsuit FAQs

Who can be held liable for a prescription error?

Liability can fall on various parties, including doctors, nurses, pharmacists, pharmacies, and hospitals. Each has a duty to ensure the correct medication is prescribed, filled, and administered properly.

What types of damages can I recover in a medication error lawsuit?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, future care needs, and in some cases, punitive damages if the error was especially reckless.

What do I need to prove in a medication error case?

You must typically prove that a healthcare provider owed you a duty of care, breached that duty through negligence, and that the breach caused your injury and resulting damages.

How long do I have to file a medication error lawsuit?

In California, you generally have one year from the date you discovered (or should have discovered) the injury caused by the medication error, but no more than three years from the date the error actually occurred—whichever comes first. There are some exceptions, especially for minors or cases involving fraud or concealment, so it's important to speak with an attorney promptly.

Can I still file a lawsuit if I didn't notice the error right away?

Possibly. Many states follow a "discovery rule," which allows the statute of limitations to begin when the error is discovered or reasonably should have been discovered.

Are all medication errors considered malpractice?

No. Not every error is legally actionable. To constitute malpractice, the error must result from a failure to meet the accepted standard of care and cause actual harm to the patient.

What should I do if I suspect a medication error caused my injury?

Seek medical attention immediately. Then, document everything—including prescriptions, pharmacy records, and communication with providers—and consult with a medical malpractice attorney as soon as possible.

How are medication error cases usually resolved?

These cases can be resolved through settlement, mediation, or trial. Many are settled out of court after discovery and expert evaluations.

Will I need a medical expert to support my case?

Yes. Most states require expert testimony to establish the standard of care, how it was breached, and the connection between the error and your injuries.

When Do You Have a Lawsuit?

In most cases, medication error will not lead to a permanent or "catastrophic" injury. Even if the error does cause some unpleasant side effects or complications, it may not be enough to justify bringing a medical malpractice lawsuit against the provider, as these cases can be both complex and costly. When assessing if you have a medication error lawsuit, it's important to make sure that your claim meets certain conditions.

Here are a few things to keep in mind when you suspect that you or a loved one have been hurt because of a medication error:

• You must be able to show substantive damages. To have a lawsuit, you must be able to show that you experienced concrete physical and financial losses after taking a medication. For example, if you are given aggressive cancer drugs when you do not have cancer, you may suffer lasting kidney damage.
• You must be able to prove that your injuries came from physician error. Some prescription errors may be more subtle and difficult to prove. If you think that negligence played a role in your injuries, make sure to document exactly how and when you took the medication in question: You will need to show that you were using it exactly as recommended by your physician or pharmacist.
• You need to work with a skilled attorney. Medical malpractice lawsuits are exceptionally complex and require a deep understanding of the care standards and legal statutes in your state. It's imperative that you speak with a qualified lawyer who has the resources, experience, and network to build a strong medication error lawsuit.

Dedicated Advocacy for Injured Patients and Consumers

In response to reports of medication errors, some patients have come forward to file lawsuits after getting the wrong prescription at Walgreens, CVS, or Rite Aid. If you or a loved one have suffered catastrophic injuries because of an avoidable pharmaceutical error, our Sacramento attorneys at Kershaw Talley Barlow can pursue justice on your behalf.

With over 100 years of experience taking on some of the largest pharmaceutical companies and medical device manufacturers in the world, our team has recovered more than $1 billion for injured consumers and patients. Dedicated to our clients' needs, we have the passion and resources to fully investigate each claim – and give you the answers that you deserve.

Call our team at (916) 520-6639 or contact us online today. We serve clients in California and nationwide.