Medication Error Law
Medication Errors (medical error) Law is a subset of Medical Malpractice law which can result in severe and permanent injury or death. These types of errors can occur at any point during the process of selecting, prescribing and dispensing medications. It can be the administration of the wrong drug, prescribing the incorrect dose of a drug, bad interactions with other drugs that shouldn’t have been prescribed together and various other accidents, mistakes and problems related to medication. The most common errors are those made by the nurses and doctors when administering medication, although pharmacy error contributes to this problem as well.
Medication errors are responsible for over a million fatalities or severe injuries in the U.S. each year. These types of errors are a preventable hazard in nursing homes, out-patient facilities, hospitals, clinics and surgical centers. Medication reconciliation is an important policy for dealing with the increased risks present during transition periods of medical care, such as admissions, transfers within and discharges from hospitals and other medical institutions. It dictates a thorough comparison of patient medication orders in these situations to avoid dosing errors, drug interactions, duplications, omissions, etc.
Visit our Torts and Personal Injury Law page for information on issues regarding wrongful death and state statutes regarding limitations for filing personal injury claims.
- Alternative Medicine Can KillAlternative medicine can be deadly for cancer patients who choose these treatments over more traditional cancer therapies and remedies. People with cancer who replace mainstream medical treatments with alternative medicine may be putting themselves at serious risk by giving up treatments that are proven methods to fight cancer.
- Medical Expert Witnesses in Death Penalty CasesMedical expert witnesses are often hired and used for various cases in prosecution and defense alike, and these professionals are able to explain various pieces of evidence. Through an understanding of the subject matter, these individuals are capable of explaining things to the jury or judge that were confusing or misunderstood previously.
- When You Need a Medical Expert WitnessMedical expert witnesses are hired for a variety of reasons, but their most often used expertise is to explain medical treatment procedures and processes for a case where someone has been injured. Professionals in the medical world provide services to a courtroom by explaining how an injury occurred and why it is so important to obtain compensation.
- Florida’s Law in Disqualifying Expert Witnesses in Medical Malpractice CasesBefore a medical malpractice case may proceed in the courts of law in Florida, the state has a requirement of an opinion being obtained by a qualified medical expert to explain that the claim has merit. If those in the case do not follow the correct procedure, the expert witness could be disqualified, and the case may be thrown out.
- Malpractice suits alleging “improper bonuses” settledIncentives are a great way to motivate individuals and push them to reach new heights and get better at a given task. Rewarding people for their efforts is a common practice that usually yields a positive result but that was not the case in two recent medical malpractice lawsuits against UPMC [University of Pittsburgh Medical Center].
- Standard Nursing Obligations for CareNurses are held to a higher standard than other professionals because they deal with patients on a constant basis, and their actions could lead to injury or death to someone if they are not careful. These obligations that nurses should carry out affect the health and wellbeing of many different individuals each day.
- Failure to Disclose Rare and Serious Side Effects of a Prescribed MedicationEvery year individuals are injured by prescription medications that they use to treat another condition. Injured victims may consider seeking monetary compensation for the damages that they sustained because of these drugs. However, it is important that they understand the steps leading up to a lawsuit and whether they have a viable claim.
- Where Is the Line Between Medical Judgment and Medical Malpractice?Doctors make life-changing decisions on a daily basis. When they make mistakes, the consequences can be devastating. While Colorado law affords doctors a certain amount of professional judgment, there is a line where harmful decisions cross into the realm of medical malpractice.
- Is it Too Late to Hire a Lawyer to Handle My Medical Malpractice Claim I Filed?In some situations, a person may file a lawsuit without the assistance of a lawyer. However, once he or she realizes how complicated the process can be, he or she may rethink this strategy. This is often true of medical malpractice claims, which can be some of the most complicated.
- FDA Case Studies Reveal Diagnostic Risks of LaboratoryThe medical diagnostic process is incredibly complex, and as a result, errors aren't uncommon during this process. It is difficult to trace the number of these mistakes that occur in Chicago and other parts of Illinois each year, since many go uncaught for months or longer.
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Medication Error Law - US
- FDA - Medication Errors
FDA receives medication error reports on marketed human drugs (including prescription drugs, generic drugs, and over-the-counter drugs) and nonvaccine biological products and devices.
- Federal Food, Drug, and Cosmetic Act (FD&C Act)
In the United States, the Federal Food, Drug, and Cosmetic Act defines what requires a prescription.
- National Coordinating Council for Medication Error Reporting and Prevention
- National Institutes of Health (NIH)
The National Institutes of Health (NIH), a part of the U.S. Department of Health and Human Services, is the nation’s medical research agency—making important medical discoveries that improve health and save lives.
- Prescription Drug Marketing Act
- United States Pharmacopeia (USP)
The United States Pharmacopeia (USP) is a non–governmental, official public standards–setting authority for prescription and over–the–counter medicines and other healthcare products manufactured or sold in the United States.