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Medication Errors – Common Scenarios & What You Should Know

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When the Wrong Medicine Almost Killed Someone

Medication Errors, Malpractice, and Your Rights in Pennsylvania

Brendan Lupetin, Esq.

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Article written by Brendan Lupetin, Esq. Brendan is a managing partner in the law firm of Lupetin & Unatin, a medical malpractice law firm located in Pittsburgh and serving Western Pennsylvania.

Our practice is limited to high-value catastrophic cases because that is where we can do the most for our clients and for patient safety.

A patient goes in for a routine nasal surgery. The procedure takes maybe an hour. The team draws up a local anesthetic to numb the surgical site. Somewhere along the line, a bottle of Afrin nasal spray gets confused with the lidocaine. Eight milliliters of the wrong drug get injected directly into the patient’s nasal tissue. Within minutes, his heart rate crashes to 20. His blood pressure collapses. CPR begins on the operating table. He is airlifted to another hospital where testing reveals Takotsubo cardiomyopathy, a stress-induced cardiac condition that carries a shortened life expectancy. He survives. But as a direct result of what happened in that operating room, he will spend the rest of his life with a heart that works less well than it should, and a life expectancy that is shorter than it should be.

That case happened right here in Pittsburgh. We prosecuted it. At Lupetin & Unatin, we took it all the way to the courthouse steps until the defendant was forced to pay a fair settlement. And the reason we are telling you about it is because it was not a freak accident. Cases like this happen thousands of times every year across the United States, in operating rooms, hospital wards, nursing homes, and pharmacies. A medication error is one of the most common and most preventable forms of medical negligence. If you or someone you love has been harmed by the wrong drug, the wrong dose, or the wrong patient receiving the right drug meant for someone else, you may have a serious legal claim.

The Scope of the Problem: Medication Error Statistics

The numbers are difficult to sit with. The Institute of Medicine’s landmark report To Err Is Human, foundational in the patient safety field, estimated that medication errors injure more than 1.5 million Americans every year. The National Coordinating Council for Medication Error Reporting and Prevention (NCC MERP) defines a medication error as 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.

The Agency for Healthcare Research and Quality (AHRQ) estimates that medication errors account for approximately one out of every 131 outpatient deaths and one out of every 854 inpatient deaths. A study published in the Journal of Patient Safety estimated that preventable adverse events, including medication errors, may contribute to more than 200,000 deaths per year in the United States. A 2023 analysis by the AHRQ found that adverse drug events remain among the most common and costly patient safety problems in American hospitals, contributing to billions of dollars in additional healthcare costs annually.

In Pennsylvania specifically, the Pennsylvania Patient Safety Authority tracks medication errors through its mandatory reporting system covering hospitals, ambulatory surgical facilities, and nursing homes. Year after year, its annual reports show that medication errors represent one of the largest categories of serious events reported to the Authority. Wrong drug, wrong dose, wrong patient, wrong route of administration, and wrong time are the five most commonly identified failure types.

These are not statistics about careless patients. They are statistics about systems that failed, protocols that were skipped, and patients who paid the price.

How Medication Errors Happen: The Most Common Scenarios

Medication errors do not follow a single pattern. They happen in different settings, through different mechanisms, and they cause different kinds of harm. Below is a thorough breakdown of the scenarios our firm and others encounter most often in litigation.

Wrong Drug Administration

A patient receives a drug that was never prescribed for them. This can happen because of look-alike or sound-alike drug names, poor labeling practices, errors in pharmacy dispensing, or breakdowns in the verification process in an operating room or hospital unit. The Afrin-for-lidocaine case we handled is one example. Others include mixing up insulin formulations, administering a chemotherapy agent intended for a different patient, or confusing similarly named antibiotics with very different mechanisms of action.

Wrong Dose

The right drug given in the wrong amount can be just as dangerous as the wrong drug entirely. Overdoses cause organ failure, respiratory depression, internal bleeding, and death. Underdoses leave a patient without adequate treatment, allowing a dangerous condition to progress unchecked. Pediatric dosing errors are particularly serious because weight-based calculations leave more room for decimal point mistakes, and children tolerate dosing deviations far less well than adults.

Wrong Route of Administration

Some medications are designed to be taken orally, some are meant to be injected intravenously, some are applied topically, and some are meant to be inhaled. Administering a drug by the wrong route can cause severe and immediate harm. Oral medications given intravenously by accident, intrathecal injections of drugs meant only for intravenous use, and medications injected into muscle tissue instead of a vein are all documented causes of catastrophic injury and death. 

Wrong Patient

Hospital environments involve multiple patients with similar diagnoses, similar names, and similar charts in close proximity to each other. When a medication intended for one patient is administered to another, the consequences can range from mild to fatal depending on the drug involved. The Joint Commission has made patient identification a National Patient Safety Goal for years, precisely because this error keeps happening.

Failure to Identify Drug Allergies

If a hospital or pharmacy fails to check a patient’s allergy history before administering a medication, and the patient has a known allergy to that drug or drug class, the resulting reaction can range from a rash to anaphylaxis and death. These cases often involve failures in the electronic health record system, inadequate history-taking at admission, or nursing staff who bypass the allergy alert step under time pressure.

Dangerous Drug Interactions

A physician or pharmacist who fails to recognize that two prescribed drugs interact dangerously can expose a patient to serious harm. Warfarin and aspirin together can dramatically increase bleeding risk. Certain antidepressants combined with other serotonergic medications can trigger serotonin syndrome, which can be fatal. These interactions are documented in pharmacological literature and flagged in modern prescribing software. When a provider ignores the alert or the system fails to generate one, negligence may be present.

Prescribing Errors

Not all medication errors originate at the bedside. A physician who prescribes the wrong drug for a diagnosis, prescribes a dose inappropriate for the patient’s weight, age, or kidney function, or fails to consider contraindications starts the chain of harm at the top. These errors can propagate all the way through to the patient if pharmacy and nursing verification checks also fail.

Pharmacy Dispensing Errors

Retail and hospital pharmacies both make dispensing mistakes. A pharmacist may fill a prescription with the wrong drug, wrong strength, or wrong quantity. Pharmacy technicians working under time pressure in high-volume environments are a documented risk factor. When a patient takes the wrong drug at home for days or weeks before the mistake is identified, the harm can be severe and in some cases irreversible.

Nursing Home Medication Errors

Nursing home residents are among the most vulnerable patients for medication errors. They often take ten or more medications simultaneously, they frequently cannot self-advocate, and staffing ratios in many facilities are dangerously thin. Common nursing home medication errors include missed doses of critical medications like blood thinners or heart medications, duplicate dosing, administration of discontinued medications, and failure to monitor for adverse effects in residents who cannot self-report symptoms. If your loved one in a nursing home was harmed by a medication error, Pennsylvania law may give you a separate claim under the long-term care regulations.

Failure to Monitor and Adjust

Some medications require ongoing therapeutic monitoring. Anticoagulants like warfarin require periodic INR testing. Certain antibiotics require monitoring of kidney function. Medications for seizures and psychiatric conditions require blood level monitoring and dose adjustments over time. When a provider prescribes a medication and then fails to follow the patient, harm that proper monitoring would have caught early can become catastrophic.

Labeling and Packaging Failures

The FDA and the National Institute for Occupational Safety and Health (NIOSH) have both published guidance on dangerous look-alike and sound-alike drug names and packaging. When hospitals and pharmacies fail to implement known safeguards against these hazards, including distinct labeling for high-alert medications, physical separation of similar-looking vials, and tall man lettering to visually distinguish drug names, they create predictable conditions for error.

What the Standards Require

The reason medication errors are legally actionable is that the medical and nursing professions have established clear, published standards to prevent them. When providers fail to follow those standards, that failure is negligence.

The Association of PeriOperative Registered Nurses (AORN)publishes a Guideline for Medication Safety specifically because operating rooms are high-risk environments. Among those standards is the requirement that all medications removed from their original containers must be labeled with the drug name and concentration before they are used at the sterile field. Every person in that operating room is a checkpoint. In our Pittsburgh case, those checkpoints failed one by one.

The Joint Commission’s National Patient Safety Goals include specific medication safety requirements: labeling all medications and containers on and off the sterile field, reconciling medications across care transitions, and maintaining an updated medication list for every patient. These goals exist because errors keep happening when these steps get skipped.

The American Society of Health-System Pharmacists (ASHP) has published extensive guidelines on preventing medication misadventures, including pharmacist review of all medication orders, clinical decision support in electronic prescribing systems, and mandatory double-check protocols for high-alert medications such as insulin, anticoagulants, chemotherapy agents, and concentrated electrolytes.

When a hospital, nursing home, or pharmacy deviates from these published standards and a patient is harmed, that deviation is the foundation of a negligence claim under Pennsylvania law.

What You Can Recover: Damages in a Pennsylvania Medication Error Case

Pennsylvania law allows victims of medication error negligence to recover both economic and non-economic damages.

Economic damages include all past and future medical expenses caused by the error, lost wages during recovery, and lost earning capacity if the injury has permanently affected the victim’s ability to work. In cases involving long-term cardiac damage, neurological injury, or permanent disability, future medical cost projections and lost earning capacity calculations by qualified experts can be substantial.

Non-economic damages compensate for the human cost of the injury: past and future pain and suffering, embarrassment and humiliation, emotional distress, loss of the ability to enjoy life’s pleasures, and loss of consortium for a spouse or life partner who has been deprived of the victim’s companionship and support.

Pennsylvania does not cap compensatory damages in medical malpractice cases for actual harm. There is no artificial ceiling on what a jury can award if the evidence supports it. That matters enormously in medication error cases, because the injuries can be life-altering and the future costs can be significant.

In cases involving a death caused by a medication error, Pennsylvania’s Wrongful Death Act and Survival Act provide additional avenues of recovery for the estate and for family members who have lost financial support and companionship.

Our Experience With These Cases

We have been handling catastrophic medical negligence cases in western Pennsylvania for years. Medication error cases are among the most complex we take on, and also among the most important. They require a level of medical and forensic preparation that most law firms simply are not set up to provide.

The Pittsburgh case we described at the opening of this article shows what that preparation looks like. Our client went in for an elective nasal procedure and came out with Takotsubo cardiomyopathy, a documented cardiac condition caused by the injection of the wrong medication, with a shortened life expectancy as a result. When we took his case, we did not accept the hospital’s version of events. We obtained every page of the operating room record, the pharmacy dispensing log, the nursing medication administration record, and the hospital’s internal medication safety protocols. We retained a board-certified otolaryngologist to address the standard of care for the operating team. We brought in a certified operating room nurse with decades of experience to explain exactly where the verification process broke down and why each failure mattered. And we retained a nationally recognized cardiologist with specific expertise in Takotsubo cardiomyopathy to explain to a jury, in plain terms, what our client would live with for the rest of his life. We prepared that case for trial. The defendant settled because we were ready to try it.

“He went in for a routine procedure. He came out with a heart condition and a shortened life expectancy. No one told him the truth about what happened until we got involved.”

That is how we approach every medication error case we accept, whether the error happened in a hospital operating room, on a nursing home medication cart, in a hospital ward, or at a retail pharmacy. We work with the right experts, we build the case all the way to trial, and we do not let defendants pay less than what our clients deserve.

What You Should Do If You Suspect a Medication Error

Get your records immediately. Request complete medical records, pharmacy records, nursing medication administration records (MARs), and any incident or occurrence reports. Do not rely on informal conversations with hospital staff about what happened and do not let time pass before making this request.

Write everything down now. Document the sequence of events while your memory is fresh: who was present, what you were told, when you were told it, and what changed in the patient’s condition after the medication was given.

Do not talk to hospital risk management without a lawyer. Risk management representatives work for the hospital, not for you. Anything you say to them can and will be used to minimize or defeat your claim. Consult a Pennsylvania medical malpractice attorney first.

Act before the deadline. Pennsylvania’s statute of limitations for medical malpractice claims is generally two years from the date of injury or the date you discovered or reasonably should have discovered the injury. Missing that deadline ends your right to recovery, regardless of how serious the harm was. There is no exception for people who did not know they had a claim.

Frequently Asked Questions About Medication Error Malpractice

Yes. Hospitals are responsible for the negligent acts of their employees, including nurses, pharmacists, and residents, under the legal doctrine of respondeat superior. A hospital can also be independently liable for failing to implement adequate medication safety policies and protocols. In many medication error cases, both the individual provider and the hospital are proper defendants.

Not every medication error is legally actionable malpractice. To have a claim under Pennsylvania law, you generally need to show that a healthcare provider deviated from the accepted standard of care, that the deviation caused your injury, and that you suffered real harm as a result. A qualified Pennsylvania medical malpractice attorney can evaluate whether the facts of your situation meet those elements.

Generally two years from the date of the injury or the date you discovered or should have discovered it. For cases involving minors, the limitations period is tolled until the child turns 18. Because these deadlines are strict and exceptions are rare, you should consult with an attorney as soon as possible.

Nursing home medication errors can give rise to claims under Pennsylvania’s medical malpractice laws and potentially under the long-term care facility regulations enforced by the Pennsylvania Department of Health. These are serious cases that often involve institutional failures rather than a single provider’s mistake.

Pennsylvania’s Wrongful Death Act and Survival Act allow the estate and certain family members to bring claims when a medication error causes death. Recoverable damages include medical expenses, funeral and burial costs, lost financial support, and the loss of the deceased’s companionship and guidance.

Nothing upfront. We handle medication error cases on a contingency fee basis, which means we are paid only if we recover money for you. You pay no attorneys’ fees unless we win.

Most cases take between two and four years from filing to resolution, though some resolve sooner through settlement and others take longer if they proceed to trial. The timeline depends on the complexity of the medical issues, the number of defendants, and the court’s docket. We keep our clients informed throughout the process.

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