Pharmacy Error Injury Lawyer Blog

Maryland Law Encourages Maryland Doctors to Computerize Patient Records

May 27, 2009 | Lebowitz & Mzhen

In prior posts concerning Maryland medication mistakes, the attorneys at Lebowitz & Mzhen Personal Injury Lawyers have discussed how computerized health records help doctors and pharmacists eliminate medication errors.

Today, Governor Martin O’Malley, signed a bill that is designed to increase the speed with which Maryland doctors implement electronic patient records. The new law hopes to reduce the high costs that doctors must pay to implement electronic patient records systems by requiring private insurance companies to give physicians financial incentives to implement electronic patient records. Under the law, after a doctor implements a computerized records system, insurance companies may offer the doctor increased reimbursements for procedures they perform, a lump sum payment, or some other monetary advance. Additionally, under the new law, the state will fine physicians who have not adopted a computerized records system by 2015.

Since 2003, Maryland has been on the cutting edge of the movement towards computerized patient records. In that year, The Montgomery County Health Information Exchange Collaborative began a pilot program that linked community hospitals, the county’s health department, and area health clinics. The link allowed participating health care providers to easily access patient records.

The program developers believed that their medical information network would have the greatest impact on the county’s poorer citizens and those without health insurance. These individuals generally receive care in a number of different locations, and often times, the facilities do not share vital patient information. The link allowed the facilities to share patient information and reduce the risk of medication errors.

Maryland medication mistake attorneys will review the impact this law has on patient safety, and the state’s progress towards completely computerized patient records.

Patient Safety Alert: Medication Mistakes with Injected Medicines Are Frequent

April 28, 2009 | Lebowitz & Mzhen

According to researchers, the results of a recent international study demonstrate that patients receiving injected medicines are at a higher risk of medication mistakes. Researchers determined that oral or written miscommunication were the root cause of 24% of all errors, and that health care workers confused drug names in 18% of the cases.

Researchers in the study observed patients in Intensive Care Units in 27 countries, including two in the United States, and found that 20% of patients experienced at least one error and 14% experienced more than one injected medication mistake. Fifteen errors caused either permanent injury or death of the patient involved.

Overall, researchers concluded that patients with more serious illness were at a higher risk for injuries caused by these mistakes. Maryland medication mistake attorneys believe that the results of this research demonstrate the importance of patients having a family member act as their advocate during an extended hospital stay. In addition to questioning doctors, the advocate should pay particular attention to the medications prescribed to the patient and attempt to make sure that health care workers administer the medications at the proper times and in proper dosages.

Government Program Hopes to Reduce Medication Mistakes Across the Country

April 27, 2009 | Lebowitz & Mzhen

In prior posts, Maryland medication mistake attorneys have asked our readers to question their doctors before taking prescription medications. Proactive patients are better able to notice potential medication mistakes before they occur and are less likely to suffer injuries.

The Agency for Healthcare Research and Quality (“AHRQ”), a part of the U.S. Department of Health & Human Services, has noted the substantial impact medication mistakes have on patients and the country as a whole. On itswebsite, the AHRQ quotes a report from the Institute of Medicine (“IOM”) which found that medication mistakes kill from 44,000 to 98,000 people each year. The report also indicated that medical mistakes cost the country approximately $17 billion each year in increased health care costs.

In order to help reduce medication mistakes, the AHRQ has developed a national ad campaign to encourage Americans to take a more active role in their health care by asking critical questions of their doctors, nurses, and pharmacists. The program drives home the point that Americans typically ask more questions of a cellular phone salesperson than they do of their physicians. The campaign’s website provides a top ten list of critical questions patients should ask their health care providers during appointments. Additionally, the website also has a “Question Builder” that allows readers to develop their own personalized list of questions.

Maryland Judge Refuses to Apply Cap on $3 Million Jury Award in Medical Mistake Case

April 21, 2009 | Lebowitz & Mzhen

In a prior post, the attorneys at Lebowitz & Mzhen Personal Injury Lawyers have discussed Maryland’s statutory cap on non-economic damages and how this limitation impacts Maryland injury victims. A recent court decision, however, has drawn attention to Maryland’s limit on non-economic damages in certain medical malpractice cases.

In Semsker v. Lockshin, a jury found a Silver Spring dermatologist and his practice group liable for the death of Richard Semsker. In 2004, Dr. Lockshin’s office treated Semsker for boils on his back and conducted a full body examination for other possible skin issues. During the examination, Lockshin’s associate, Michael Albert, M.D., noted two cysts and an abnormal mole on Semsker’s lower back. Dr. Albert removed the boil and two cysts. However, the dermatologist did not excise the abnormal mole and recommended monitoring only. Over the next two years, the abnormal mole became cancerous and the cancer spread throughout Semsker’s body, and he died at the age of 47, in October 2007. The family later sued the Dr. Albert, and his practice group.

The jury awarded Semsker’s wife and children over $5.8 million in damages, including $3 million in compensation for the family’s mental anguish. Under the state’s limitation on non-economic damages, the $3 million award for pain and suffering would have been reduced to $812,500. However, Judge John W. Deblius III of Montgomery County refused to apply the cap to the Semskers’ damages award. Judge Deblius ruled that the cap did not apply to medical malpractice cases in which the parties did not first attempt arbitration.

New Technology: Handheld Device May Help Reduce Hospital Medication Errors

March 27, 2009 | Lebowitz & Mzhen

In a recent study, researchers found that improper dosages account for nearly 40% of medication errors. Additionally, researchers found that poor communication between health care professionals was the underlying cause of 15.8% of prescription errors. I read an article about an interesting piece of new technology that helps improve dose accuracy and communication between care providers.

The Intellidot Corporation has released the wireless IntelliDot Bedside Medication Administration (“IntelliDot BMA”) which will help eliminate hospital medication errors. The handheld device reads a barcode attached a patient’s wrist and provides the health care professional with all of the patient’s relevant health information. At an instant, a nurse or doctor will know all of the patient’s prescriptions, their required dosages, and the proper way to administer the medication. Additionally, in a hospital equipped with a computerized pharmacy, a doctor can electronically submit a prescription to the hospital’s pharmacy, and the pharmacy can transmit the prescription along with administration instructions to the IntelliDot BMA. Under this system, a hospital can eliminate the need for handwritten prescriptions and therefore greatly reduce the risk of errors caused by a physician’s poor handwriting or the use of improper medication abbreviations.

Universal Medication Form May Help Reduce the Risk of Injuries From Dangerous Prescription Interactions

March 24, 2009 | Lebowitz & Mzhen

In earlier posts, Maryland medication error attorneys at Lebowitz & Mzhen Personal Injury Lawyers have suggested that our readers always provide their health care providers with a full list of the prescription and over the counter medications they are currently taking.

The Institute of Safe Medication Practices (“ISMP”) has published a Universal Medication Form for patients to give to their doctors and pharmacists at each visit. On the form, a person can list their medication allergies, their immunizations, their current medications, the strength of their medications, and the frequency with which they take each prescription.

In order to avoid harmful drug interactions that can cause serious injuries or death, please take the time to accurately fill out this form or a similar one and bring it with them to all pharmacy, doctor, or hospital visits.

U.S. Army Uses Electronic Health Records To Help Reduce Medication Errors

March 20, 2009 | Lebowitz & Mzhen

The medication error attorneys at Lebowitz and Mzhen Personal Injury Lawyers are proud to have represented members of this country’s armed forces and their families in a variety of legal matters. In addition to the stresses that come with being a member of the military, soldiers and their families also have to be concerned about the risk of injury from medication errors.

The United States Army is comprised of 675,000 active duty soldiers. Army health centers are responsible for providing medical care to active duty personnel, their dependants, and a substantial population of veterans and their families. As a result, busy Army health facilities, including pharmacies, face the same risk of committing medication errors as their civilian counterparts.

The DeWitt Health Care Network serves 150,000 people in the Fort Belvoir Army community and is taking steps to reduce the risk of injuries from medication errors. Major Lela C. King, Chief of Pharmacy, reported that the network has given its patients pocket-sized medication cards that contain patient allergies, prescriptions, and other vital health information. These cards will reduce the risk of dangerous a physician prescribing a medication that interacts with one the patient is already taking.

Additionally, Major King has overseen the installation of digital patient records software and hardware in Dewitt facilities. According to Major King, the Army has recognized that such electronic health information can “decrease the number of medication errors made at the pharmacy by 70 percent.”

Side Effect Labels on Prescription Bottles May Help Reduce Injuries

March 18, 2009 | Lebowitz & Mzhen

The Food and Drug Administration is taking steps to warn consumers about potential drug side effects. The Maryland Pharmacists Association reports that sometime this year, the FDA will require all prescriptions to include a “side effects statement” that lists all of a drug’s potential side effects. The proposed labeling could appear on prescription containers and will advise patients to contact their health care provider and the FDA if they experience drug side effects.

Many of these side effects initially may be as minor as a runny nose or muscle stiffness. However, many of these insignificant annoyances can develop into more serious health concerns if a patient continues taking the prescription. To prevent more serious side effects, a patient should recognize any less serious side effects that might occur first and immediately contact their doctors. However, in order to take action, a patient has to know all of a drug’s potential side effects.

Listen to any radio or television commercial for the newest “wonder drug” and you’ll be shocked by the long list of potential side effects that the announcer speed reads before the commercial ends. Maryland medication error attorneys urge our readers to consult their physicians before taking medications so that they know a drug’s potential side effects.

Maryland Medication Error Prevention Checklist

March 11, 2009 | Lebowitz & Mzhen

Sometime ago, we posted an article on our Maryland truck accident blog that highlighted some of the steps accident victims should take if they are victims of a Maryland truck accident. Our Maryland pharmacy error attorneys have prepared a similar list to help our readers reduce their risk of injury caused by medication errors. We suggest that our readers do the following:

1. When you are given a prescription at the pharmacy, check the label very carefully especially checking the name of the medication and dosage;

2. if the prescription is a refill, examine the pills to ensure that they look like the pills from the prior prescription;

MRI Scans and Drug Patches with Metal May Cause Burns

March 9, 2009 | Lebowitz & Mzhen

The medication error attorneys at Lebowitz & Mzhen Personal Injury Lawyers recently learned that the Food and Drug Administration has warned consumers who use medicated skin patches to remove those patches before going through a MRI scan. According to the FDA, some patches contain metal which may heat up during an MRI and burn the patient’s skin. The FDA warns that the metal in many of these patches may not be visible to the patient and not all transdermal patches that contain metal have patient warnings printed on the box. The FDA is currently reviewing the labeling requirements to ensure that patients are adequately warned of this new danger.

Until this review is complete, the FDA suggests that patients who use medicated patches do the following:

• Before undergoing an MRI scan, tell your doctor that you are using a patch and why you are using it;