Articles Posted in Common Errors

A pharmacy misfill lawsuit in Maryland allows a patient who received the wrong medication — or the wrong dosage of the correct medication — to seek compensation for injuries caused by the pharmacist’s error. These claims fall under Maryland’s medical malpractice framework and must be filed within the deadlines set by Md. Code, Cts. & Jud. Proc. § 5-109, which generally requires that a claim be brought within five years of the injury or three years from the date the injury was discovered, whichever is earlier.

Pharmacy errors happen far more often than most patients realize. The U.S. Food and Drug Administration reports that medication errors contribute to at least one death every day nationwide. Maryland patients harmed by a prescription mistake may benefit from speaking with a pharmacy misfill attorney who understands both the medical and legal complexities of these cases. Lebowitz & Mzhen Personal Injury Lawyers handles pharmacy error claims throughout Maryland, including in Baltimore, Montgomery County, Prince George’s County, and the surrounding communities.

What Is a Pharmacy Misfill?

Pharmacy errors often come to light only after a patient becomes seriously ill. A pill that looks slightly different, a new prescription that causes unexpected symptoms, or a sudden medical emergency can be the first sign something went wrong. In Maryland and Washington, D.C., dispensing the wrong medication or the wrong dose is one of the most common pharmacy errors, and it can cause severe harm before anyone realizes the mistake.

Families usually want to know two things right away: how this happened and whether it should have been prevented. In many cases, the answer to the second question is yes. Pharmacies have clear duties to verify prescriptions, check for interactions, and ensure patients receive exactly what was ordered.

How Wrong Medication Errors Typically Occur

Pharmacies across Maryland play a major role in seasonal flu vaccination, especially during the busy fall and winter months. Most visits go smoothly, yet some patients suffer serious shoulder injuries or other complications because the shot was given incorrectly or the wrong vaccine was used. National reports show growing compensation awards for injuries such as SIRVA, a shoulder condition linked to improper injection technique, and highlight ongoing litigation involving vaccine administration errors.

If a pharmacist or technician mis-administers a flu shot, gives the wrong dose, or injects the vaccine in the wrong location, you may have a compensation claim. The path to recovery can involve both the federal Vaccine Injury Compensation Program and, in some situations, a state malpractice or negligence case.

<strong> How Do Flu Shot Errors Happen?</strong>

During peak flu season, pharmacy staff handle a high volume of patients. That pressure increases the risk of mistakes, including:

  • Injecting too high on the shoulder, into the joint capsule rather than the deltoid muscle;
  • Using the wrong needle length for the patient’s body type;
  • Confusing vaccine products or doses when multiple shots are stocked in the same fridge; and
  • Failing to verify a patient’s identity or allergy history before injection.

Pharmacy Times recently discussed cases where patients developed severe shoulder pain, limited mobility, and long-term disability after routine shots, including a million-dollar award to a health care worker whose arm injury prevented her from performing daily tasks. These stories show that flu shot injuries are real and can be life-changing.

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The recent Class I recall of cefazolin, an antibiotic used to fight serious infections, highlights the dangers that patients face when unsafe drugs reach pharmacies. The Food and Drug Administration flagged the recall after contamination was detected that could cause severe or even fatal reactions. For Maryland residents, the incident raises an important question: what happens if you or a loved one receives a recalled or unsafe medication? Speaking with a qualified attorney as soon as possible can help you protect your health and pursue accountability.

How National Recalls Connect to Local Pharmacy Errors

A nationwide recall may originate from a manufacturing facility, but pharmacies are often the last line of defense before a dangerous drug reaches patients. Pharmacists are responsible for tracking recall notices, removing affected lots from shelves, and notifying customers who may have received the medication. If a pharmacy fails to act on a recall notice, you may be given a contaminated or defective drug that puts your health in jeopardy. Such oversight can form the basis of a pharmacy error claim.

Pharmacy mistakes often occur when a drug’s name closely resembles another. These mix-ups can happen at any pharmacy, even those that claim to have safety measures in place. In Maryland, when a patient is harmed because of a medication error, legal action may be available. Certain medications are more frequently confused due to their nearly identical names or packaging.

If someone in your family is harmed after receiving the wrong prescription, you may be able to hold the pharmacy accountable. Maryland law requires proof that a duty was breached and that the mistake directly caused harm. Learning which medications are commonly involved in these errors can help protect you and your loved ones.

Why Are Medications So Frequently Confused?

Several drugs look or sound alike when written or spoken. These similarities can cause pharmacists and technicians to dispense the wrong one, especially during busy hours or under distraction. The Institute for Safe Medication Practices has compiled an extensive list of these look-alike and sound-alike pairs. Examples include amlodipine versus amiloride, and hydroxyzine versus hydralazine. Each pair includes drugs used for very different conditions.

Even experienced pharmacy staff sometimes mistake one for the other, particularly if the label is unclear, the name is misspelled, or the prescription is phoned in. These situations increase the risk of giving out the wrong medication. Research shows that such errors account for a significant portion of reported pharmacy mistakes.

Many pharmacies try to reduce this risk by using a system known as tall man lettering. This strategy capitalizes on the distinct part of similar drug names to help differentiate them. For example, prednisone and prednisolone are displayed differently to catch the eye.

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Trust plays a central role in fertility treatment. When a clinic mishandles embryos or makes a preventable error, the impact reaches beyond medical consequences. A recent case involving the destruction of viable embryos has brought renewed attention to how medical professionals handle the profoundly personal and highly sensitive process of in vitro fertilization. If you experienced a similar loss in Maryland, you may have the right to take legal action and hold the responsible parties accountable.

Embryo Loss After Preventable IVF Mistake

A woman undergoing IVF learned that her embryos had been destroyed before transfer due to a critical clinic error. The mistake involved the use of an incorrect storage solution, which rendered the embryos unusable. After months of hormone therapy, physical discomfort, and emotional preparation, her path to parenthood came to an abrupt and devastating halt.

This kind of error is not rare. It often stems from inadequate procedures, poor communication among staff, or outdated safety protocols. The process of preparing and storing embryos requires absolute precision and accuracy. Any lapse can cause permanent harm.

Families place enormous trust in fertility clinics to care for their future. When that trust is broken, the fallout can involve emotional distress, financial loss, and years of lost opportunity. Maryland law acknowledges the severity of this harm and permits families to pursue justice when a provider fails to meet the accepted standard of care.

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If a pharmacy gives you the wrong medication or the wrong dosage, you may have grounds to file a claim for damages. Pharmacy errors remain one of the most preventable causes of serious injury in Maryland. A mistake as simple as a swapped label or a misread prescription can result in hospitalization, long-term complications, or worse. When you rely on a pharmacy to dispense safe medication, you deserve accountability if that trust is broken.

National studies show that thousands of dispensing errors occur in the United States every year. These errors include giving out the wrong drug, the wrong strength, or incorrect instructions. In many cases, the medications involved look or sound alike. That means a patient who expected a blood pressure pill could end up with a diabetes drug, or a child’s antibiotic could be confused with an adult-only medication. Even one incorrect dose may trigger a dangerous reaction.

Why Pharmacy Errors Continue to Happen

Despite significant medical advancements, pharmaceutical errors still affect thousands of people in Maryland and across the country. Even in controlled hospital environments, patients continue to receive the wrong drug or the wrong dose. These events can cause severe injury, long-term complications, or death. In late May, new research out of the University of Washington shed light on a tool that may help reduce these errors in the future. However, technology alone will not address the root causes that lead to medication mistakes being so common. For individuals already harmed by these errors, accountability and legal support remain vital.

Medication Mistakes Are Still One of the Most Common Patient Safety Failures

Every year, millions of prescriptions are filled in hospitals, outpatient clinics, and pharmacies. Even when labeled and prepared carefully, errors happen at every stage from ordering, mixing, labeling, and delivering, to final administration. The World Health Organization estimates that 1.3 million people in the U.S. are harmed by medication errors each year, and at least one person dies daily because of them.

When you pick up a prescription, you trust that the pharmacy is giving you the proper medication. A simple mistake behind the counter can have serious, even life-threatening consequences. In Maryland, pharmacies must follow strict guidelines to ensure that drugs are dispensed correctly and errors are reported promptly. If they fail, you have the right to hold them accountable.

A recent case from Iowa shows just how dangerous these errors can be. A Hy-Vee Pharmacy dispensed the wrong medication to a patient, giving her a different migraine drug intended for someone else. Even more troubling, the pharmacy failed to report the mistake within the required time. In Maryland, pharmacies face similar obligations to patients. An error like this could support a strong claim for compensation if it causes harm.

Understanding Pharmacy Error Responsibilities in Maryland

Under Maryland law, pharmacies must exercise a high standard of care when filling prescriptions. Pharmacists and technicians must ensure that the correct medication is dispensed, provide appropriate labeling, and counsel patients on how to use their medication safely and effectively. Maryland’s Board of Pharmacy also requires pharmacies to have systems in place for documenting and reviewing any medication errors.

In the Iowa case, it took the pharmacy five days to realize that the wrong drug had been handed out. That delay can make a bad situation even worse. In Maryland, failure to promptly report and address medication errors could violate state regulations and further expose a pharmacy to liability. A proper response means immediate notification of the patient, careful documentation, and corrective action to prevent future errors.

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The U.S. Justice Department has filed a lawsuit against Walgreens, alleging the pharmacy chain played a direct role in fueling the opioid crisis by filling millions of unlawful prescriptions over the last decade. The complaint, filed in the U.S. District Court for the Northern District of Illinois, claims Walgreens pharmacists repeatedly dispensed controlled substances without verifying their legitimacy, allowing massive quantities of opioids and other drugs to flow through its stores unchecked. The allegations include violations of the Controlled Substances Act and the False Claims Act, underscoring the severity of the claims against one of the country’s largest pharmacy chains.

Federal prosecutors argue that Walgreens ignored red flags signaling fraudulent prescriptions and pressured its pharmacists to prioritize speed over proper scrutiny. The company allegedly discouraged internal communication among pharmacy staff, preventing pharmacists from warning each other about high-risk prescribers. Internal data, which should have revealed patterns of abuse, was also reportedly disregarded. The lawsuit contends that Walgreens actively created an environment where pharmacists lacked the resources and authority to intervene, even when they suspected illegal activity.

Has Walgreens Played a Role in the Opoiod Crisis?

Opioid addiction has devastated communities across the country, and pharmacies are supposed to act as a safeguard against improper distribution. Instead, the Justice Department claims Walgreens became a key link in a broken system, allowing opioids to be dispensed in excessive amounts with little oversight. According to the complaint, the company filled prescriptions that were blatantly unlawful, ignored concerns raised by its own pharmacists, and continued processing opioid orders despite clear signs of abuse.

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