Medication errors, pharmacist mistakes, and prescribing errors can have devastating effects on patients and their families. There can be catastrophic consequences when the very people we entrust our lives with make negligent mistakes with our healthcare.
In Alberta, as in other parts of Canada, these errors can result in severe health consequences, including hospitalization, long-term injury, or even death. Patients who suffer harm due to such mistakes may be entitled to legal recourse.
This blog explores the types of medication-related errors, potential causes, legal remedies, and how to navigate the complexities of medical malpractice claims in Alberta.
Types of Medication Errors
Medication errors can occur at various prescribing, dispensing, and administration stages. Common types include:
Prescribing Errors
Prescribing errors occur when a healthcare provider selects an incorrect medication, dosage, or duration of treatment for a patient’s condition. These errors may also arise from a failure to consider important factors such as potential drug interactions or patient allergies. For example, a doctor might prescribe a medication that negatively interacts with another drug the patient is taking, leading to adverse effects. Prescribing errors are particularly concerning because they can set the stage for further mistakes in the medication process.
Dispensing Errors
Dispensing errors occur when pharmacists provide patients with the wrong medication, incorrect dosage, or flawed labelling. Such mistakes can also include dispensing medications with packaging errors, making it difficult for patients to understand proper usage. For instance, a pharmacist might mistakenly hand out a drug intended for another patient, leading to potentially harmful consequences. Accurate labelling and attention to detail are critical to avoid these errors.
Administration Errors
Administration errors happen when nurses or other healthcare providers fail to administer medication correctly. This could involve giving the wrong medication, administering an incorrect dosage, or using an improper delivery method. For example, a nurse might inadvertently inject a medication intended for oral use, harming the patient. These errors often stem from miscommunication or lapses in attention during the administration process.
Monitoring Errors
Monitoring errors occur when healthcare providers fail to properly observe a patient’s response to a medication or identify adverse drug reactions in a timely manner. For example, a patient on a new prescription may experience harmful side effects that go unnoticed due to inadequate follow-up care. Monitoring errors are particularly dangerous because they can exacerbate the harm caused by initial prescribing or administration mistakes.
Legal Framework for Medication Errors in Alberta
Medication errors fall under the broader category of medical malpractice, which is governed by tort law in Canada. In Alberta, the following legal principles and legislation are relevant:
Standard of Care
Healthcare providers must adhere to a reasonable standard of care. This means acting with the skill and diligence expected of a similarly qualified professional in similar circumstances. The standard of care is a benchmark for evaluating whether a healthcare provider’s actions are appropriate. This involves examining whether the provider followed established medical practices and guidelines in medication error cases. For instance, a pharmacist’s failure to double-check a prescription against a patient’s history might be considered a breach of the standard of care. Determining this often requires expert testimony to outline what a competent professional would have done in the same situation.
Additionally, the standard of care in medical malpractice cases is often complex to establish. Ter Neuzen v. Korn tells us that in specialized cases involving topics like medical malpractice, expert advice is needed to advise juries and judges on evaluating the “custom” standard of care.
Causation and Harm
To succeed in a medical malpractice claim, the patient must prove that the healthcare provider’s negligence directly caused harm. This element can be particularly challenging in medication errors, as multiple factors may contribute to a patient’s condition. Establishing causation often requires detailed medical records, expert analysis, and a clear link between the error and the harm suffered. For example, if a prescribing error led to an adverse drug reaction that caused hospitalization, the patient must demonstrate that the reaction would not have occurred without the error. Courts assess causation on a balance of probabilities, meaning the evidence must show it is more likely than not that the error caused the harm.
Relevant Legislation
Health Professions Act (HPA), RSA 2000, c H-7: This act governs the conduct and professional standards of healthcare providers in Alberta, including doctors, nurses, and pharmacists. It ensures that practitioners are held accountable for their actions and outlines disciplinary measures for professional misconduct. For example, a pharmacist found negligent in dispensing medication might face sanctions under the HPA.
Limitations Act, RSA 2000, c L-12: The Limitations Act sets strict timeframes for filing medical malpractice claims. In Alberta, patients generally have to initiate legal proceedings two years after they become aware of the harm. However, the act also includes provisions for exceptions, such as cases involving minors or delayed discovery of the injury. Adhering to these timelines is crucial, as missing the deadline can result in losing the right to seek compensation.
Challenges in Medical Malpractice Claims
Medical malpractice cases, including those involving medication errors, can be complex for several reasons:
Proving Negligence
Establishing negligence requires showing that the healthcare provider’s actions fell below the standard of care expected of a competent professional. This involves gathering detailed evidence, such as medical records, and presenting expert testimony to explain why the actions were inappropriate. The challenge often lies in convincing the court that the provider’s decision-making deviated from accepted medical practices.
Demonstrating Causation
Proving causation is often one of the most challenging aspects of a medical malpractice case. The plaintiff must establish a clear link between the error and the harm suffered, which can be difficult when pre-existing conditions or other factors are involved. For example, if a patient with a complex medical history reacts to a prescribed medication, the defence may argue that the reaction was due to underlying health issues rather than the error. Expert witnesses are usually required to provide testimony supporting causation.
Defensive Medicine
Given the information available, healthcare providers often defend their actions by arguing that they followed established protocols or acted in the patient’s best interest. This practice, known as defensive medicine, aims to demonstrate that their decisions were reasonable under the circumstances. For example, a physician may argue that prescribing a particular medication was based on standard guidelines, even if it later resulted in harm. Such defences can make it challenging for plaintiffs to prove that the provider’s actions were negligent rather than a well-intentioned effort to address the patient’s needs.
Steps to Take If You Suspect a Medication Error
If you or a loved one has suffered harm due to a medication error, consider the following steps:
- Seek Immediate Medical Attention: Address any adverse health effects promptly by consulting a healthcare professional.
- Document Everything:
- Keep records of the medication prescribed and dispensed.
- Note any symptoms or adverse effects experienced.
- Retain all receipts, labels, and packaging of the medication.
- File a Complaint: You can file a complaint against the healthcare provider or pharmacist with the appropriate regulatory body:
- College of Physicians and Surgeons of Alberta (CPSA): For complaints against doctors.
- Alberta College of Pharmacy (ACP): For complaints against pharmacists.
- Consult a Lawyer: A medical malpractice lawyer can help evaluate your case, gather evidence, and navigate the legal process.
Contact the Medical Malpractice Lawyers at Cuming & Gillespie for Advice on Medication Errors
At Cuming & Gillespie LLP, our trusted medical malpractice lawyers understand the difficult questions you may be left with after suffering injuries due to medical malpractice or negligence. If you or a loved one are navigating the consequences of a medication or healthcare error which resulted in injury, you may have a basis to commence a medical malpractice lawsuit and recover compensation for your medical expenses and other damages and losses. To schedule an initial consultation with one of our lawyers, contact us online or by phone at 403-571-0555.