Consequences of a Prescription Error by a Chicago Pharmacist

Scott Blumenshine
December 4, 2024

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When people need a prescription, they rely on pharmacies to provide that medicine. Recently, a major drug problem with pharmacies has come to light. Pharmacists across America are incredibly overworked, and that is causing them to make mistakes that are putting the health of customers at risk.

Just a few of the tasks pharmacists are expected to complete each day include tending drive-throughs, answering phones, managing staff working the register, counseling patients, and calling doctors and insurance companies. While tending to all of these tasks, pharmacists are also expected to meet corporate performance metrics that, according to pharmacists, are unreasonable and unsafe. 

Have You Been Affected by a Pharmacist’s Error?

Don’t navigate this challenging time alone. Contact Blumenshine Law Group today for a free consultation and let our experienced attorneys fight for the compensation you deserve. (312) 766-1000.

Effects of Pharmacist Drug Mistakes on Patients

In an example of what is the most devastating effect of pharmacy mistakes. A Florida woman died after being given the wrong medication. She needed antidepressants but was given a strong chemotherapy drug. These are just a few of the injuries people can suffer when they are given the wrong medication.

When a person is given a drug to which he or she is allergic, that person may experience hives, swelling, fever, or even organ failure. The wrong medications can also render other medications ineffective. Not only can it cause harm and injuries, but the side effects can also create greater harm because people cannot get the benefits from the mediation they are currently taking.

To incorporate this statistical information effectively into the existing page, I recommend adding a new section after the “Effects of Pharmacist Mistakes on Patients” and before “How the Pharmacies May be to Blame.” Here’s how you could structure it:

Recent Medication Error Statistics

Medication errors are a significant issue in the healthcare system, with far-reaching consequences for patients, healthcare providers, and the economy. Recent statistics highlight the severity of this problem:

National Impact

  • Over 7 million patients in the U.S. experience medication errors annually.
  • These errors result in approximately 7,000-9,000 deaths each year.
  • The total cost of medication errors in the U.S. exceeds $40 billion annually.

Error Rates by Setting

  • In hospitals, medication administration errors occur in 8-25% of cases.
  • Home medication errors range from 2-33% of cases.
  • Pharmacy dispensing errors affect 1.5% of all prescriptions.
  • Outpatient clinics see about 530,000 medication-related injuries annually.

High-Risk Categories

  • Cardiovascular medications account for 41.2% of reported errors.
  • Intravenous medication errors occur in 48-53% of administrations.
  • 30% of reported errors involve pediatric patients.

Recent Trends (2023-2024)

  • Medical insurance premiums have increased by 50% due to rising error rates.
  • Medication errors are now the 8th leading cause of death in the U.S..
  • One in five Americans has experienced a medication error.

Financial Impact

  • The average cost per serious medication error contributes to $21 billion in annual expenses.
  • Legal settlements for medication errors increased by 33% in 2023.
  • Preventable medication errors cost hospitals $3.5 billion annually.

These statistics underscore the critical nature of pharmacy malpractice cases and the urgent need for improved medication dispensing and administration safety measures.

How the Pharmacies May be to Blame

It is easy to assume that when a pharmacist makes a mistake, that pharmacist is to blame. After all, they are the ones that are filling the prescriptions and they should be responsible for their own actions. However, that may not always be the case. The systems and processes set up by the pharmacists are often the real cause of errors. 

CVS, which is the eighth-largest pharmacy in the country, has been accused of ignoring doctors’ instructions to limit the amount of medication that is dispensed to mental health patients. The company routinely dispenses three months of medication, which is plenty enough for at-risk patients to overdose on when they are having suicidal thoughts.

CVS and Walgreens, another major pharmacy chain in the country, also impose performance metrics on their pharmacists. This means that pharmacists receive bonuses or commission for making a certain number of phone calls to patients, filling prescriptions quickly, administering a certain number of immunizations to patients, and signing customers up for 90-day supplies of their prescriptions.

These are just a few of the metrics that pharmacist are measured by and that push them to conduct their job more quickly, instead of more accurately. Pharmacists also say that they are evaluated on areas that they cannot control, and contend this is a bigger problem than their tasks being tracked. 

Pharmacists could speak up or leave their jobs, but they fear retaliation or even being fired for voicing their concerns. In a survey that included 1,000 pharmacists, 60% of them said that they felt pressured to meet certain metrics. Coincidentally, approximately 60% of the respondents also worked for large chain pharmacies as opposed to independent pharmacies or hospitals. While the survey was restricted to pharmacies in Missouri, other surveys resulted in similar results. 

The Pharmacies’ Defense

While pharmacies have been facing backlash of their own, many have stated that patient safety is always their top priority and that they staff carefully to ensure accurate dispensing. They also defend certain measures, such as e-prescribing and automatic refills, saying that not only does this increase efficiency, but is also safer and takes certain tasks off of the shoulders of pharmacists.

As for the pressures that pharmacists are facing, as well as their claims that they fear retaliation, the pharmacies are denying those claims. A spokesperson for CVS has said that any time a pharmacist has a concern, they are encouraged to bring it forward and every step is taken to address that concern and correct the issue. They also stated that while mistakes are regrettable, they are also rare, though pharmacies declined to provide any data on those errors and how often they are made.

No one really knows how many mistakes are made because patients who hold pharmacists and pharmacies liable typically settle legal claims, and part of that settlement agreement is that they cannot speak to anyone about the case. 

Additionally, the last study on medication errors was conducted nearly 15 years ago in 2006. That study, conducted by the Institute of Medicine, estimated that these errors injured approximately 1.5 million Americans every year. That is not surprising given that 70% of prescriptions in the country are dispensed by major chains such as Walgreens and CVS. CVS prescribes the most, capturing about 25% of the market, while Walgreens distributes prescriptions to about 20% of the patients in the country.

A trade group, the National Association of Chain Drug Stores, has stated that it is wrong to assume that pharmacists’ errors are due to their workload. There is not necessarily a cause-and-effect relationship between pharmacists’ workload and the number of mistakes they make. 

Holding Pharmacies Liable for Their Mistakes

When people in Illinois pick up prescriptions they typically rely upon the pharmacy to have their current prescription. People typically do not examine the label to ensure that the medication is correct and that the pharmacist provided the proper dosage. It is, however, the duty of pharmacists to ensure they are providing the correct medication, and proper dosage. Pharmacists and pharmacies have the strictest duty of care. This means that they have a heightened responsibility to ensure that they are not causing harm to their patients or anyone else.

Pharmacies must ensure that they hire pharmacists and staffers who are qualified for the job and have the necessary experience to ensure they will not cause patients harm. They must also ensure that they are not placing unnecessary stress and pressure on the pharmacists who work for them. When they do connect certain metrics with incentives, or even place pharmacists in fear of losing their jobs simply because they have not done some of the most menial tasks, such as calling a certain number of patients in a day, it places patients at risk.

That is extremely negligent behavior that places profit over the safety of patients. Pharmacies often place unrealistic expectations on their pharmacists so they can dispense even more prescriptions, whether they are necessary or not, so that they can make more money. When pharmacies breach their duty of care, they are considered negligent and injured individuals can hold them liable for paying compensation.

Legal compensation can help those hurt by prescription errors recover their medical costs, lost income, disability, pain and suffering, and more. When family members have lost a loved one due to medication error, they may be able to file a wrongful death claim to recover for their grief and sorrow, and financial losses due to the death, such as the loss of household services or the loss of the income the deceased contributed to the household. 

Claims and lawsuits filed based on medication errors are complex personal injury claims because they may fall into the legal category of medical malpractice. There are certain elements of these claims that are not involved in other types of injury claims. For example, medical malpractice cases require a certificate of merit in Illinois. This means that a qualified medical expert must sign an affidavit stating that they believe the pharmacy or pharmacist acted negligently and that the negligence was the cause of the patient’s harm.

This is just one reason that anyone who needs to file a claim must speak to an Illinois pharmacy malpractice lawyer for help with their case.

Claims Can Be Complex

Another complex element of these claims regarding pharmacists and pharmacies is that it can be difficult to determine which party is responsible for the injuries that result from medication errors.

Most patients do not see the pressure that pharmacists are under and are unaware that, in many cases, this pressure is placed upon them by the companies for which they work. Although not every pharmacist feels this pressure or has to complete a number of tasks in a limited amount of time, it is clear that many do. This pressure is also a significant cause of many medication errors, as many pharmacists fear for their jobs when they cannot meet certain demands or metrics.

However, pharmacists are still responsible for performing their jobs carefully and in a manner that will not harm anyone. They are expected to be vigilant and meticulous, which includes checking and double-checking that a certain medication is filled properly and is being given to the right patient. Additionally, pharmacists must review a patient’s medical history to ensure they are not dispensing medicine that could harm the patient.

When pharmacists fail in this duty and make a careless error that harms patients, they can be held liable.

Determining Fault

Determining whether the pharmacist or pharmacy is at fault for an injury can be extremely difficult, and is just one way a lawyer can help with the extremely complicated claims. An attorney with the assistance of expert witnesses will know how to determine the liable party and how to hold them accountable for paying the compensation victims of medication errors need.

A lawyer will conduct a full investigation into not only the specific acts of the case, but also the policies and procedures of the pharmacy to determine if the pharmacist was under extreme pressure, working long hours without a break, which would violate the employment laws in Illinois, and uncover other factors that contributed to the mistake. During this investigation, an attorney can discover whether the pharmacy or pharmacist was at fault for the medication error. 

How An Attorney Will Help

There are many other tasks a lawyer will complete while working on an injury case, as well. They can communicate with the pharmacy on the injured individual’s behalf to learn more about the medication error and how it happened.

During their investigation, a lawyer will also collect documents and other evidence to support and prove the claim so the injured individual receives the full amount of compensation needed to make a full recovery.

A lawyer will be able to determine if the pharmacy or pharmacist has made similar mistakes in the past, which is a good indicator of who was at fault for the error. Attorneys also understand how to complete some of the most complex tasks, such as working with laboratory services to collect evidence on the contents of the drug that was given. Of course, like in any injury case, a lawyer will also ensure that victims of medication errors follow the procedural rules and laws that govern personal injury claims so those hurt can claim the full settlement they need.

Our Chicago Pharmacy Malpractice Attorneys Can Help With Your Case

No one should be subject to the mistakes of a pharmacy or pharmacist. These errors can cause severe injuries; when they do, victims can file a claim for compensation. If a medication error has injured you, our Chicago pharmacy malpractice attorneys at the Blumenshine Law Group can help.

We know how to determine who was liable for your injuries and how to hold them accountable for paying the compensation you need to make a full recovery. If you have been injured, call us today at (312) 766-1000, email us at [email protected], or contact us online to schedule a free case evaluation with one of our attorneys.

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