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Prescription Errors Lawyer in Massachusetts
A wrong prescription or dispensing error can cause devastating harm. Attorney Jeffrey C. Lavey represents Massachusetts patients injured by physician prescribing and pharmacy errors. Free consultation. No fees unless we win.
Prescription Errors as Medical Malpractice
Prescription errors encompass a range of mistakes in the ordering, dispensing, and management of medications: prescribing a drug to which the patient has a known allergy, prescribing a dose far outside the therapeutic range, failing to recognize contraindications with existing medications, failing to monitor drug levels for medications with narrow therapeutic windows, and pharmacists who fill prescriptions incorrectly or dispense the wrong drug or strength entirely. Each of these errors can cause serious harm, and each creates potential malpractice liability for the responsible provider. Attorney Jeffrey C. Lavey represents prescription error victims throughout Massachusetts.
Physician Prescribing Errors
Physicians bear responsibility for the accuracy and appropriateness of every prescription they write. A physician who prescribes a medication without reviewing the patient’s allergy history, fails to recognize a dangerous drug interaction with existing medications, prescribes a dosage inappropriate for the patient’s weight or renal function, or fails to monitor a patient on a medication known to require regular laboratory monitoring may be liable for resulting harm. Electronic prescribing systems are designed to flag many of these errors, but the systems can be overridden and the physician retains ultimate responsibility.
Pharmacy Dispensing Errors
Pharmacists have an independent professional obligation to verify prescriptions before dispensing. A pharmacist who dispenses the wrong drug because of a name confusion error, dispenses the wrong strength of the correct drug, fills a prescription for a quantity that exceeds normal therapeutic doses without verifying the prescriber’s intent, or fails to identify a dangerous drug interaction before dispensing has committed a professional error for which the pharmacist and the pharmacy corporation are liable. Attorney Lavey handles pharmacy dispensing error claims throughout Massachusetts.
Monitoring Errors for High-Risk Medications
Some medications require regular monitoring because the difference between therapeutic and toxic blood levels is narrow, or because the medication has well-known organ toxicity risks. Medications in this category, anticoagulants like warfarin, immunosuppressants, certain cardiac medications, and many others, require the prescribing physician to order and review regular laboratory tests and to adjust the dose based on those results. A physician who prescribes these medications without establishing an appropriate monitoring program, or who fails to follow up on laboratory results indicating toxicity, may be liable for the resulting harm.
Compensation for Prescription Error Victims
Prescription error compensation covers all medical expenses incurred in treating the harm caused by the error, all lost wages during treatment and recovery, pain and suffering from the resulting injury, and future medical costs for lasting consequences. In cases of severe harm caused by significant overdose or prolonged incorrect treatment, the damages can be substantial. Attorney Lavey pursues every element of compensation in every prescription error case.
Frequently Asked Questions
An antibiotic prescribed for an organism that is not sensitive to it will fail to treat the infection while allowing it to progress. If the prescribing physician had access to culture and sensitivity results indicating a different antibiotic was appropriate, or if the antibiotic chosen was not appropriate for the suspected organism without waiting for results, the prescribing decision may have been below the standard of care. Attorney Lavey evaluates antibiotic prescribing decisions with infectious disease expert review.
Yes. National pharmacy chains are employers of the pharmacists who dispense medications, and they are liable under respondeat superior for pharmacist dispensing errors. The corporation may also be directly liable for inadequate pharmacist staffing, inadequate training, or technology failures in the dispensing system that contribute to errors. Attorney Lavey pursues both the individual pharmacist and the corporate entity in pharmacy dispensing error cases.
Prescribing a medication to a patient with a documented allergy is a serious and preventable error. Allergy information is required to be prominently displayed in the patient’s medical record, and electronic health records have allergy-checking functions that should flag contraindicated prescriptions. A physician who prescribes despite a documented allergy, or whose office fails to maintain adequate allergy records, may be liable for the resulting allergic reaction. Attorney Lavey pursues prescription allergy error cases throughout Massachusetts.
A dispensing error in which one patient receives another patient’s prescription can be devastating if the medications involved have incompatible actions or if the dispensed medication causes harm at the dose prescribed for someone else. These errors typically involve a clerical error in the dispensing process. The pharmacist and pharmacy bear liability for the resulting harm. Attorney Lavey handles wrong-patient dispensing errors as malpractice claims.
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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