Medication Errors

CHARITY FREEMAN

According to the National Institute of Medicine July 2006 report medication errors harm an estimated one and a half million people in the United States each year causing upwards of three billion dollars in extra medical costs. Needless to say these are alarming numbers for  what seems to be a largely preventable problem. Here today to talk about medication errors is and the cases that may arise from them is David Farnbauch from the Sweeney Law Firm in Fort Wayne, Indiana. David thank you for joining us.  

DAVID FARNBAUCH

Its a pleasure to be here today. 

CHARITY FREEMAN

Mr. Farnbauch I have to admit that I had no idea that theses numbers were so large, that there were so many people that are harmed each year by either being given the wrong medicine or the wrong dosage of a medicine. Can you give us some examples of the types of cases you see in your office involving medication errors?

DAVID FARNBAUCH

I would say that the most common form of medication error that we see in our office is when someone is prescribed an incorrect dosage for a medication. Oftentimes there will be a doctor's order that's written that's misinterpreted by either a pharmacist or somebody that is prescribing the dosage of medication or administering the dosage of medication and someone will receive 10 or twenty times the amount of medication they are supposed to receive.

CHARITY FREEMAN

From your perspective what are some of the factors that account for some of the increasing trend in patient suffering injury or even death from medication errors?

DAVID FARNBAUCH

I think one of the big things that accounts for the number of medication accidents or errors that we see is simply the amount of medication now administered to patients. It is not uncommon for elderly patients in a nursing home to be on a dozen different medications. When you have that many different medications that are being prescribed it increases the odds that there is going to be some sort of an error as a result of administering that medication.

CHARITY FREEMAN

What are some of the things that viewers can do to protect themselves or a loved one, maybe a parent who is receiving medication in a nursing home from being the victim of a medication error?

DAVID FARNBAUCH

There think there are two things. The most important thing is to keep a list of what medications the loved one is supposed to be receiving and the dosages and match that up with what is actually being administered by the pharmacy, nursing home, or physician. The other thing is oftentimes we hear from families that there is an onset of some unusual symptoms, but there is a delayed reporting of those symptoms and problems to a doctor or the facility. So if you noticed some unusual symptoms it's important to bring it to the attention of the nursing home or the doctor.

CHARITY FREEMAN

If one of our viewers or one of our viewer's loved ones is hospitalized for a medication error what is the first step that they can take in pursuing a legal claim against the doctor, hospital, or nursing home it was involved in the error?

DAVID FARNBAUCH

I think one of the most important steps is retaining the evidence if there are medication bottles of the drug that is  involved to retain that evidence. The other thing is if there is any type of a medication error. I think it is important to contact an attorney or law firm that handles these types of cases to give advice before contacting the insurance company or medical provider that is involved.

CHARITY FREEMAN

I am sure that some of our viewers will be concerned about the cost of a legal case involving a medication error. Is it expensive to pursue this type of legal case? 

DAVID FARNBAUCH

I don't think these cases are expensive for the consumer because these cases are handles on what is a contingent fee basis. What that means is that the attorney fee is based on a percentage of the recovery. If there is no recovery by way of a settlement or a jury verdict in the case then the client is not charged any attorney's fees. Most law firms who handle these types of cases will advance the litigation expenses and will only charge expenses if there is a recovery in the case, so it really does not cost anything to pursue these cases. 

CHARITY FREEMAN

David we appreciate spending time with us today and talking about this topic of medication error that's effecting thousands Hoosiers every year.