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Medication Errors Lawyer in Massachusetts
Medication errors are among the most common causes of preventable patient harm. Attorney Jeffrey C. Lavey represents Massachusetts patients harmed by prescription and drug administration mistakes. Free consultation. No fees unless we win.
Medication Errors and Medical Malpractice
Medication errors occur at every stage of the prescribing and administration process: a physician who prescribes the wrong drug or the wrong dose, a pharmacist who dispenses the wrong medication or fails to catch a dangerous drug interaction, a nurse who administers medication to the wrong patient or by the wrong route, and electronic health record systems that generate or transmit incorrect prescription data. The consequences range from mild to fatal depending on the medication involved and the nature of the error. Attorney Jeffrey C. Lavey represents medication error victims throughout Massachusetts.
Types of Medication Errors
- Wrong drug: prescribing or dispensing a medication that was not intended for the patient
- Wrong dose: prescribing, dispensing, or administering an amount too high or too low
- Wrong patient: administering a medication to a patient for whom it was not ordered
- Wrong route: administering a medication by the wrong delivery method
- Drug interaction errors: prescribing a combination of medications known to interact dangerously
- Contraindication errors: prescribing a drug to a patient with a known contraindication
- Omission errors: failing to administer a medication that was ordered
Who Is Responsible for Medication Errors
Medication error liability depends on where in the process the error occurred. A prescribing physician who writes the wrong order is primarily liable. A pharmacist who dispenses without catching an obvious error in the prescription may share liability. A nurse who administers without verifying the “five rights” of medication administration, right patient, right drug, right dose, right route, right time, may be directly negligent. The hospital as an institution may bear liability for systems failures including inadequate verification protocols and inadequate training. Attorney Lavey identifies every responsible party in every medication error case.
Drug Interaction Errors
One of the most preventable categories of medication error is the failure to identify dangerous drug interactions. Prescribing physicians, pharmacists, and hospital medication reconciliation processes all have responsibilities for identifying combinations of drugs that create dangerous interactions. An anticoagulant prescribed alongside a drug that dramatically increases bleeding risk, without appropriate monitoring or dosage adjustment, is a medication interaction error. Electronic prescription systems flag known interactions, but those flags may be overridden or ignored. Attorney Lavey investigates interaction errors with pharmaceutical and clinical expert support.
Compensation for Medication Error Victims
Medication error compensation covers all medical treatment required to address the harm caused by the error, all lost wages during treatment and recovery, pain and suffering from the injury caused or worsened by the error, and future medical costs for lasting consequences. Attorney Lavey pursues every element of compensation in every medication error malpractice case.
Frequently Asked Questions
A pharmacist who dispenses the wrong drug, the wrong strength, or the wrong formulation has committed a professional error for which the pharmacist and the pharmacy are liable. These cases require documentation of what was prescribed versus what was dispensed, the harm caused by the dispensed medication, and the causal connection between the dispensing error and the patient’s injury. Attorney Lavey handles pharmacist dispensing error cases throughout Massachusetts.
Physicians have a duty to review the patient’s medication list when prescribing new drugs, particularly when adding medications known to have significant interaction risks. A physician who prescribes without reviewing the medication list, or who prescribes a contraindicated combination despite knowing the patient’s existing medications, has departed from the standard of care. Attorney Lavey pursues drug interaction malpractice cases with pharmacy and clinical expert support.
Yes. Hospitals are responsible under the doctrine of respondeat superior for the negligent acts of employed nursing staff committed within the scope of their employment. A nurse who administers medication to the wrong patient, or who fails to verify a medication order before administering, creates liability for both the nurse and the hospital as their employer. The hospital may also be directly negligent for inadequate training or verification protocols.
Pediatric medication dosing requires weight-based calculations and special care because incorrect pediatric doses can cause disproportionately serious harm. A dosing error that results in a child receiving a medication at a toxic level is serious malpractice. Attorney Lavey handles pediatric medication error cases with the care and urgency these devastating situations require.
Attorney Jeffrey C. Lavey — Licensed Massachusetts Attorney
Attorney Jeffrey C. Lavey is licensed to practice law in Massachusetts and has represented clients throughout Middlesex County and Massachusetts for over 37 years. He handles every case personally, no associates, no handoffs. Call (781) 938-1400 for a free consultation.
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