New Jersey Medication Error Attorney

Medication Error Lawyers

It is okay to have confidence in our healthcare providers when it comes to prescribing medications and the role of pharmacists in filling prescriptions correctly. However, this trust is breached when they act negligently and cause harm to patients. Medication errors come with devastating effects on patients and their families. Fortunately, individuals who have been affected by medical malpractice in New Jersey have legal options available to them like seeking a skilled New Jersey medication error attorney.

At Varcadipane & Pinnisi, P.C., we have over four decades of experience representing clients who have suffered due to various incidents in New Jersey. Our certified civil trial attorneys have obtained justice for thousands of clients in various cases. We understand the suffering medical malpractice cases can bring and are committed to providing personalized and effective legal representation.

Table Of Content

Drug Injury Statistics

Medication errors and drug overdoses are a significant public health issue. According to the National Safety Council, preventable drug overdose deaths have seen a staggering increase in recent years. In 2020, there were 91,799 preventable drug overdose deaths in the US.

Primarily, these drug-related injuries result from negligence. As it stands, the United States pays out over $184 billion for medical malpractice cases.

The statistics in New Jersey are equally concerning. According to a Forbes Advisor review, New Jersey ranks fifth in the nation for medical malpractice claims. The review looked into reports of adverse outcomes due to errors in medical care, along with other related issues.

In New Jersey, there were 59 reports of adverse medical outcomes for every 100,000 residents and 37 reports of payments for medical malpractice per 100,000 residents. The typical compensation for these claims stood at $1,253, markedly surpassing the payouts observed in numerous other states experiencing high rates of malpractice.

The data suggests that while efforts to combat drug overdoses are making some progress, there is still a long way to go in ensuring that medication errors are minimized and patients are protected.

New Jersey medication error attorney

What Is a Medication Error?

This denotes any preventable event that leads to improper medication use. These errors have been reported to happen in various stages of the medication process, such as dispensing, prescribing, administering, or monitoring.

According to NCC MERP, these errors can be associated with various aspects of the healthcare system. These include prescribing, communication of orders, product labeling, compounding, administration, and more.

Common Medication Errors

There are many various types of medication errors that can injure patients. One of the key roles of hiring an attorney is to properly identify the type of error that caused your harm. That way, they can be able to identify the liable party and pursue compensation for damages.

The most common medication errors include:

  • Dispensing Errors: These happen at the pharmacy when the pharmacist provides the wrong medication or incorrect dosage. This can result from miscommunication, similar drug names, or inadequate labeling.
  • Prescribing Errors: These happen when a healthcare provider writes an incorrect prescription. This could be due to misdiagnosis, or lack of knowledge about the patient’s medical history, among other factors.
  • Administration Errors: These errors occur when medication is given to the patient incorrectly. This can include administering the wrong drug or dosage or at the wrong time. These errors are often due to miscommunication among healthcare staff or improper patient identification.
  • Monitoring Errors: These happen when healthcare providers fail to monitor a patient’s response to a medication adequately. This may adversely affect the parent through drug reactions and other complications.

Main Causes of a Wrong Prescription

Wrong prescription refers to a situation where a healthcare provider prescribes the wrong medication, dosage, frequency, or route of administration to a patient. This type of error can occur at various stages of the medication use process, such as during prescribing, transcribing, dispensing, or administering medications.

Wrong prescriptions can lead to serious consequences for patients, including adverse drug reactions, ineffective treatment, or even worsening of the medical condition. According to WHO reports, over 1.3 million people suffer every year from prescription and pharmacy-related errors.

Here are several factors that can contribute to a wrong prescription:

  • Misdiagnosis: If a healthcare provider misdiagnoses a condition, they may prescribe the wrong medication.
  • Lack of Knowledge: A provider may not be aware of all the medications a patient is taking, leading to harmful drug interactions.
  • Poor Communication: Miscommunication between healthcare providers, pharmacists, and patients can result in incorrect prescriptions.
  • System Errors: Electronic health record (EHR) systems can sometimes contribute to errors due to incorrect data entry or system glitches.
  • Human Error: Simple mistakes, such as writing the wrong dosage or medication name, can occur due to fatigue, stress, or distraction.

Your New Jersey medical malpractice lawyer will thoroughly investigate the cause of the prescription error. They will analyze the circumstances surrounding the error to determine the root cause. This is crucial for building a strong case and holding the responsible parties accountable.

Who Can Be Liable for a Medication Error?

To determine liability, you will need to understand the events leading to the medication error to determine who should be held accountable. Mostly, doctors, hospitals, and pharmacists bear the brunt of medical malpractice.

Doctors

Physicians who prescribe the wrong medication or dosage can be held accountable for the resulting harm. They have the responsibility to ensure the accuracy of their prescriptions, taking into account the patient’s medical history, potential drug interactions, and correct dosages.

Medication errors by doctors can stem from various causes, such as:

  • Misdiagnosis
  • Poor communication with other healthcare providers
  • Weak hospital systems

Hospitals

If a hospital’s system or policies contribute to a medication error, the institution can be held accountable. This can include issues such as inadequate staffing, improper training of medical staff, or system failures in electronic health records (EHR) that lead to miscommunication or incorrect data. Hospitals have a duty to keep a safe treatment environment and ensure that their systems support accurate medication administration.

Pharmacists

Pharmacists who dispense the wrong medication or fail to provide adequate warnings about drug interactions may be liable. Pharmacists must accurately fill prescriptions, counsel patients on proper medication use, and identify potential drug interactions.

How To Know if the Error Was Due to Product Liability?

Determining whether a medication error is due to product liability involves examining whether the drug itself was defective or mislabeled. Most product liability cases arise due to manufacturing defects. These errors occur during medication production, leading to contamination or incorrect dosage levels, which can result in serious harm to patients.

Also, an error can become product liability due to design defects. This refers to flaws in the drug’s design that make it inherently unsafe, even when used as intended. This can include inadequate testing or poor formulation.

Additionally, labeling errors have reportedly been a cause of medication errors. These errors involve inadequate or misleading instructions and warnings on the medication’s packaging. These errors can lead to improper use and potential harm.

To better determine if an error falls under product liability, your New Jersey medication error attorney will look into the specifics of the case to determine the causing factor. They will assess manufacturing, design, and labeling practices to identify potential lapses.

What’s the Statute of Limitations to File a Medical Malpractice Case?

Medical malpractice cases in New Jersey are governed by several relegations. Their timing is governed by the statute of limitations. This means you have limited time to bring your lawsuit, which is generally two years from the date of the injury or a reasonable time when the injury should have been discovered.

However, there are exceptions to this rule, such as cases involving minors or instances where the injury was not immediately apparent. It’s recommended that you seek guidance from your lawyer promptly to ensure that all time-sensitive procedures are properly filed.

Should I Hire a Medication Error Attorney?

In New Jersey, self-representation is allowed. However, considering the sensitive nature of medical malpractice cases, it is highly advisable to retain the services of a lawyer. These cases become even more complex when an error leads to severe harm, long-term health complications, or even wrongful death.

In such emotionally charged situations, a lawyer can provide invaluable support in handling your medical error lawsuit. They understand NJ medical laws, regulations, and procedures, enabling them to effectively handle the case on your behalf.

Importantly, the burden of proof expected in these cases is very high. New Jersey medication error lawyers have rich access to medical experts who can assess the situation and testify about the errors in question.

By hiring a medication error attorney, you can benefit from sound legal guidance, advocacy, and support tailored to your specific case. Importantly, a legal professional by your side will work to uphold your rights and justice.
<h2id=”9″>Consult a NJ Medication Error Lawyer Now

Handling medical malpractice lawsuits can be a hard task. This is because medical professionals are mostly the defendants in such cases, yet they are highly trained professionals who know their craft.

Bringing a medication error lawsuit in New Jersey, therefore, requires professional assessment to create a winning case. A New Jersey medication error attorney at Varcadipane & Pinnisi, P.C. can take up your case and fight for your most deserved compensation.

Contact us today online or call 201-588-1500 for a free consultation.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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