Tuesday, April 12, 2011

Prescription Malpractice and Medication Errors

In the coming year, it is estimated that at least half a million patients in the United States alone will be harmed in some way by a medical prescription error committed by their pharmacist, physician, or hospital and nursing home staff.


While these errors are often referred to as “prescription malpractice”, they fall under the laws of medical malpractice, with lawsuits being brought against the perpetrators by personal injury attorneys who specialize in handling prescription malpractice cases. These personal injury attorneys are referred to many different ways including “medical malpractice attorneys” or even “prescription malpractice attorneys”.


Just some of the injuries resulting from prescription malpractice can include: severe allergic reactions, a worsening course of illness, organ impairment or failure, emotional and mental impairment, and sudden death.

Sadly, many of these tragic outcomes are avoidable when strict written polices and protocols are in place, and staff consistently adheres to those standards.

Healthcare professionals can prevent medication errors and prescription malpractice by following what is known as the “Five Rights” each and every time medication is administered to a patient. With the five rights, the healthcare professional must check to see if the following five things are right. Is it…


The right medication?


Many medications have very similar sounding and similarly spelled names.

In addition, the print on very small vials of medication may be difficult to read.

The right patient?


The patient should be asked to identify their name and date of birth. The patient’s wristband should be checked as well.


The right dose?


An incorrect dosage of certain drugs which is increased by even the smallest amount can be deadly.


The right time?


Some medications must be given at exact intervals to be successful in treating an illness. Medications given off schedule could affect the results of diagnostic tests, leading to misdiagnosis and mistreatment.


The right route?


The staff member must be sure to give the medication in the proper manner so that it is delivered into the body in the most efficacious way for that particular patient, and their individual health history and illness.


Ideally, all five of these rights should be checked twice by the first staff member, and a third time by another qualified staff member in addition to the person actually administering the medication.


If you have suffered as a victim of a prescription medication error caused by a healthcare provider’s negligence or recklessness, you have the legal right to contact a medical malpractice attorney in order to file a prescription malpractice claim. Parties who could be held liable include not only nurses and physicians, but also facilities and drug companies.


R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.


Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.

Monday, April 4, 2011

Malpractice in Lawyers

Lawyers practice a fine art. They are tasked with maintaining stability, delivering justice, and correcting the wrongs of the society. These men and women either protect or prosecute an individual. This could be as small as divorce to big landmark cases like the prosecution of a certain Judge for drug trafficking. But what happens when lawyers commit a mistake?


Legal malpractice in lawyers is uncommon. It could be basically described as a lawyer that is not competent enough to represent a person or organization in court thus resulting in the loss of the case.


This type of malpractice could either be intentional or accidental. An example of an intentional malpractice is the violation of the client and lawyer confidentiality agreement. Since sensitive information is passed between both parties, this arrangement is highly observed. Violation of this pact could result in the lawyer losing his license or imprisonment.


Legal malpractice can only be explained when the acting lawyer did not fully prepare for the case, did not act diligently and acted without competence thus resulting to the loss of something tangible.

Usually this amounts to cash and property.

Since not everybody can afford a lawyer, if a lawsuit is filled against a certain individual, that person can opt for a court appointed lawyer for defense. The appointed lawyer for the defendant could be well versed in the language of the court room or a fresh graduate from the local college of law. If legal malpractice is observed by the defendant, he or she may file a lawsuit against his/her lawyer. This should be made within the allotted time frame or "statute of limitations" established by state law.


It is very difficult to prove legal malpractice. Because as long as the lawyer did his best and prepared the case as best as he could, even if he miscalculated and lost the case, it simply means he made a mistake. It is not grounds accusing the lawyer of legal malpractice.