Medication Error And Law
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Home Food Drugs Medical Devices Radiation-Emitting Products Vaccines, Blood & Biologics Animal & Veterinary Cosmetics Tobacco Products Drugs Home Drugs Drug Safety and legal issues with medication errors Availability Medication Errors Medication Errors Related to Drugs Share Tweet Linkedin Pin it medical errors legal implications More sharing options Linkedin Pin it Email Print Within the Center for Drug Evaluation and Research (CDER), the Division of medication error stories Medication Error Prevention and Analysis (DMEPA) reviews medication error reports on marketed human drugs including prescription drugs, generic drugs, and over-the-counter drugs. DMEPA uses the National Coordinating Council for Medication Error Reporting https://www.hg.org/medication-errors-law.html and Prevention (NCCMERP) definition of a medication error. Specifically, a medication error is "any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care professional, patient, or consumer. Such events may be related to professional practice, health care products, procedures, and systems, including prescribing; order communication; product labeling, packaging, and nomenclature; http://www.fda.gov/drugs/drugsafety/medicationerrors/ compounding; dispensing; distribution; administration; education; monitoring; and use."DMEPA includes a medication error prevention program staffed with healthcare professionals. Among their many duties, program staff review medication error reports sent to MedWatch, evaluate causality, and analyze the data to provide solutions to reduce the risk of medication errors to industry and others at FDA.Additionally, DMEPA prospectively reviews proprietary names, labeling, packaging, and product design prior to drug approval to help prevent medication errors.Although DMEPA encourages manufacturers to perform their due diligence when naming their drug products and we strive to avoid approving confusing proprietary names for drug products, there are cases of adverse events where a name of a marketed product is identified as a source of confusion and error. Therefore, we continue to encourage healthcare providers, patients and consumers to report all medication errors to MedWatch so that we can be made aware of potential problems related to drug names and the Agency can provide effective interventions that will minimize further errors. In some situations, changing a proprietary name while the product is marketed may be necessary to address safety issues resulting from the name confusion errors.DMEPA also works closely with federal partners, p
Laws & Statutory Rules Georgia Medical Malpractice Laws & Statutory Rules Pennsylvania Medical Malpractice Laws & Statutory Rules Examples of Medical Negligence How Long Do I Have to Sue for Medical Malpractice? http://www.alllaw.com/articles/nolo/medical-malpractice/medication-errors-resulting-death-legal-liability.html Malpractice Liability for Placental Abruption This space intentionally set to be hidden. Medication Errors Resulting in Death: Legal Liability If a patient dies as a result of an overdose, drug interaction, https://www.ismp.org/newsletters/acutecare/showarticle.aspx?id=106 allergy, or other medication error, his or her family may potentially file a wrongful death lawsuit - but who is liable? by Zachary Matzo Share on Facebook Share on Google medication error Plus Liability for medication errors is not always cut and dried. Physicians, pharmacists, nurses and other care providers can all make medication-related errors that, in the most serious situations, result in death. Determining liability often involves a detailed analysis of what kind of medication error was made and how that error resulted in death. Types of Medication Errors There are many types of medication errors of medication errors that can result in death. Improper dosage, incorrect medication, failure to recognize drug allergies, failure to recognize dangerous drug interactions -- all of these and more can result in death and subsequent litigation. Dosage and Prescription Errors Improper dosage and improper medication cases can involve medical professionals of varying types. Doctors have a duty to prescribe the correct medication in proper dosages. Pharmacists have a duty to dispense exactly what the doctor prescribes, and further have a duty to consult with the doctor if, in the pharmacist's opinion, there are potential issues with the prescription. And in hospital or managed care settings, nurses have a duty to administer drugs according to the doctor’s and pharmacist’s instructions. Interaction of Multiple Drugs In the case of lethal drug interactions, pharmacists and physicians bear the brunt of the liability. Physicians are charged with knowing, in general, which drugs they can and cannot prescribe in tandem. Pharmacists are the last line of defense, as they are counted upon to catch potentially harmful interactions that physicians miss. Injury or illness from drug interactions, which can re
safety in the last two decades, it’s that our response to medical errors can either propel our safety efforts forward or stop them dead in their tracks. An alarming proposed piece of legislation in South Carolina that we learned about last week seeks to permanently revoke a nurse’s license after involvement in a fatal medication error. This clearly evokes the latter response and leaves us, and we hope others, deeply troubled regarding how little Sen. Kevin Bryant (R), who introduced the bill, and members of the medical panel subcommittee, who voted for the bill, understand human error, justice, and patient safety. The proposed bill (S. 371, Samuel’s Law) arose from the tragic, 2012 death of a 7-year-old boy, Samuel Cutliff, who received a 10-fold overdose of morphine—4 mL instead of 0.4 mL. We offer our heartfelt condolences to Samuel’s family. In response to the error, the South Carolina Board of Nursing placed the nurse on probation for 1 year and ordered her to pay a civil penalty and complete several courses of study. We know little about the cause(s) of the error other than what is written in news reports, but the bill voted on last week is strangely focused on just one type of medication error and suggests that misreading a physician’s order may have led to the error. The bill initially stated: “Upon the board’s findings that a licensed nurse misreads a physician’s order and overmedicates or undermedicates a patient, the board shall revoke the person’s license to practice in this State.”1 It appears that an equally troubling and amended version of the bill will be voted upon by the full Senate Committee on Medical Affairs at the end of April: “Upon a finding by the board that a person licensed under this chapter acted in a willful, wanton, or grossly negligent manner by misreading a physician’s order causing a patient to be over-medicated or under-medicated and resulting in the patient’s death, the board shall revoke the person’s license to practice nursing in this State. As used in this subsection, “wil