Health law · Legal information

What Should I Do After a Medication Error?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

In a medication error, the order, the pharmacy, and the administration record are spoken of. A side effect is not an error in every file.

The order, the pharmacy, and the administration record are spoken of. A side effect is not an error in every file.

The distinction of a complication stands separately.

The medicine barcode and the time record are the face of the fact.

Related articles: a complication or an error.

The first practical order

  1. Ask for the order, the pharmacy delivery, and the nurse’s administration time.
  2. Do not mix a side-effect notice with a claim of an error.
  3. Archive the photograph of the box and of the prescription without deleting it.

In a suspicion of a medication error, the first aim is to manage the health risk

When a wrong medicine, an excess dose, a missed dose, or an unexpected interaction is noticed, the first reaction should not be to prepare a legal application. Stopping the medicine on one’s own, or trying to balance it with another medicine, can create a new risk. Quick direction should be taken from a suitable health unit. If there is a change of consciousness, shortness of breath, a widespread rash, chest pain, or another severe symptom, emergency help should not be delayed. Which medicine was taken, how much, and when should be conveyed correctly.

While health safety is provided, the product and the records can be protected. The medicine box, the blister, the label, the prescription, the pharmacy receipt, the hospital bracelet, the use chart, and the remaining medicine if there is any should be kept in a safe way. The product name, the dose, the serial number, and the expiry date on the box can be photographed. Continuing to use the medicine so that it will be evidence, or hiding it from the health worker, is not correct.

This content is for general information. It is not poison advice or a medical-treatment recommendation. In an emergency, the authorised health service should be applied to.

A medication event is examined as a chain

The medicine’s reaching the patient consists of more than one stage: the diagnosis and the choice of the medicine, the prescription, the preparation or the product delivery at the pharmacy, the explanation of use to the patient, the administration in the hospital, and the follow-up afterwards. An error can happen at any point of this chain, or at several points together. The harm that appears in the end user does not show the responsible stage on its own.

The basic examination headings are as follows:

  • Was a medicine suitable for the correct patient chosen?
  • Were the allergy, pregnancy, kidney and liver function, and the other medicines assessed?
  • Were the dose, the frequency, the duration, and the route of administration written correctly?
  • Was a product and a dose in accordance with the prescription given at the pharmacy?
  • Was the administration made to the correct patient at the correct time inside the hospital?
  • Were the use and the important warnings told to the patient?
  • Were the signs of a side effect or of toxicity followed in a suitable way?

This chain approach prevents the event from being narrowed with the assumption only of “the doctor wrote it wrongly” or “the pharmacy mixed it.” The general criteria of the medical standard are explained in the content what is medical malpractice?.

The difference among a side effect, an allergy, and a medication error

A side effect is an unwanted effect that can appear even if the medicine is used in a suitable way. An allergic reaction is the response the immune system gives to the medicine, and sometimes it may not be known in advance at the first use. A medication error relates to a preventable mistake, or to a process contrary to the standard. For example, the writing of a wrong dose, the giving of a different product, or the ignoring of a known serious allergy can give birth to a claim of an error.

That an effect is a known risk of the medicine does not mean the file will close automatically. The risk needs to be explained to the patient, the necessary tests need to be done, and a suitable intervention needs to be provided when the symptoms appear. In medicines that have a narrow safety range, or that require close follow-up, the control plan carries importance. The general distinction between a risk similar to a complication and a lack of management can be compared with the criteria in the article a complication or a medical error?.

Tying every symptom to the medicine is also not correct. The disease itself, another medicine, food, or an independent health condition can form a similar finding. The assessment of causation is made over the time of use, the dose, the start of the symptom, the course after the medicine is stopped or treated, and the scientific information.

Which points are examined at the prescribing stage?

When the physician chooses the medicine, the physician takes into account the diagnosis, the patient’s age, weight, the possibility of pregnancy, the organ functions, the allergies, and the other medicines the patient uses. The same level of detail is not expected in every file. The risk profile of the medicine and the features of the patient are important. The existence of electronic-system warnings does not mean the decision is automatic. If a serious warning was ignored, its ground can be examined.

Dose errors can be important especially in children, at an advanced age, and in persons whose kidney or liver function has changed. With which data the calculation was made, and whether current tests exist, are assessed from the records. If there is an abbreviation, a unit, or a decimal error in the prescription, the role of the control mechanisms at the pharmacy and at the administration stage is also examined.

The use that was prescribed needs to be explained to the patient. Use on an empty or a full stomach, the dose interval, the duration, and the important interactions should be understandable. Rather than an unlimited list of every possible side effect, the information important for the decision and for safe use should be given.

The pharmacy, and the product-delivery dimension

In a claim that a product different from the prescription, a different dose, or a medicine belonging to the wrong person was given at the pharmacy, the prescription and the box that was delivered are compared. Giving an equivalent product is not always an error. The suitability of the active substance and of the dose is important. When a change of name or of appearance that affects the patient’s use is not explained, a mix-up can be experienced.

The pharmacist’s noticing an open inconsistency in the prescription, giving the patient the use information, and delivering the product correctly are part of the professional process. The physician’s prescription error does not automatically remove the whole responsibility of the pharmacist. The pharmacy check also does not automatically remove the whole role of the physician. The concrete contribution of each stage is separated.

In a claim of product safety, the serial number, the storage condition, the expiry date, and the integrity of the packaging are important. A production or storage defect in the medicine can give birth to a legal frame different from a prescribing and administration error. Safe keeping, and the official examination routes, should be assessed without an unauthorised test or a change being made on the remaining product.

Medication-administration errors inside the hospital

In inpatients, the physician’s order, the hospital pharmacy, the preparation, the distribution, and the nurse’s administration work as a chain. The correct patient, the correct medicine, the correct dose, the correct time, and the correct route of administration are the basic safety checks. Whether identity verification, a barcode system, or a double-check mechanism was actually used can be examined from the records.

The hour, the dose, the route, and the information of the staff who administered it should be found on the medication-administration chart. If the physician’s order changed later, the time of the change and the administration are compared. In intensive care or in emergency conditions a quick decision may be required. This situation does not completely remove the duty of recording and of follow-up.

It is ordinary that the patient does not remember which medicine the patient received. For this reason, apart from the discharge summary, the physician’s orders, the pharmacy issues, and the administration charts should be asked for. The guide requesting the patient file helps plan the scope of the hospital records.

Information, and the patient’s role in use

In a medicine used at home, the patient’s reaching correct information is important. If there is a contradiction in the prescription and on the box label, the health worker should be asked. The patient’s misunderstanding the instruction is not always only the patient’s own fault. Whether the information was given openly, a language or literacy barrier, and similar packaging enter the assessment.

The patient’s knowingly exceeding the recommended dose, sharing the medicine with someone else, or hiding the use of another important medicine can affect the causal connection. These situations do not automatically erase a possible shortfall in the health service. Their contributions to the result are separated in the concrete event. Patient safety rests on a mutual flow of correct information.

Information about an important side effect and about the alternatives should be made according to the risk of the medicine. What shows that sufficient information was given may not be only a signed general form. The prescription note, the record of the oral meeting, and the patient-education documents are assessed together. The article what is informed consent? offers the general frame of the right of decision.

How should the evidence and the chronology of the event be built?

Because a medication event can develop at the level of the hour, the date and time information is important. The patient or a relative can prepare the following chart:

  • By whom, and for which purpose, the medicine was recommended
  • The date the prescription and the product were obtained
  • The dose that was taken or administered, and the hour
  • The start time of the first symptom
  • The notice made to the health institution, and the reply that was given
  • The emergency treatment, and the later tests
  • The continuing effect, and the expenses

The prescription, the medicine box, the pharmacy document, the bank payment record, the hospital file, and the messages should be matched with this chart. Removing the label on the box, or transferring the remaining tablets to a different container, can make the identity of the product harder. If it needs to be delivered for health safety, a delivery minute or a record can be asked for.

A witness account or a photograph can be support. It does not take the place of the toxicology, the laboratory, and the clinical records. Making a definite accusation about the product or the person on social media can create both a risk of wrong information and a risk to personality rights.

How are the harm and the connection with the medicine assessed?

In a claim of a medication error, the health harm and the connection are examined beside the shortfall of conduct. A temporary symptom, organ damage, a hospital stay, additional treatment, a loss of work, or a lasting effect are different headings of harm. The medical records, the laboratory results, and the images show the nature of the effect. The expense and income-loss documents also make the pecuniary results concrete.

The assessment of causation is made over the known effect of the medicine, the dose that was taken, the time relation, the patient’s existing disease, and the interaction with other substances. Even if a symptom appeared after the medicine, it is not accepted automatically that the only cause is the medicine. Conversely, that a definite mechanism cannot be shown does not have the connection ignored in every case. The scientific possibility and the whole of the evidence are assessed.

Early and suitable treatment can prevent the harm from growing. For this reason it is important that the patient obtain medical help after noticing the event. Giving the health worker correct information about the product and the dose supports both the treatment and the later examination.

The distinction of a safety notice, a complaint, and damages

Notifying the official safety systems of the side effects of a medicine contributes to the monitoring of the risk data of the product. This notice is not a decision of fault or of damages. Processes such as a product recall or a safety examination can give birth to separate results. A claim of a prescription or administration error focuses on the standard of conduct of the health worker and of the institution.

An application to patient rights inside the institution, a professional examination, and the criminal and damages routes do not carry the same purpose. The doctor-complaint process explains the general distinctions. In the pharmacy and product dimension, different administrative or private-law channels can come onto the agenda. Before the application, which result is wanted should be made clear.

For an administration at a public hospital, administrative responsibility and a prior-application order can be in question. The damages route at a public hospital takes up this frame. In relations of a private hospital, a practice, or a pharmacy, the procedures of private law are assessed. Choosing the wrong authority can create a loss of time.

The periods, and practical follow-up in Ankara

In medication events the periods change according to the institution, the product, the claim, and the date of learning. The document request should not be delayed because of the retention and access order of the records in the electronic prescription or in the hospital system. The dates of the prescription, the purchase, the administration, the symptom, and the official application should be recorded separately. Applying a single general limitation information to the whole event is not safe.

As to the hospitals and pharmacies in Ankara, the medication-safety standard rests on the national regulations and on the professional principles. The volume of the local institution can affect the pace of the application. It does not change the merits of the responsibility, or the statutory period. Jurisdiction and competence are made concrete according to the place where the event happened and to the nature of the legal relation.

The usable route is to manage the health risk at once, to protect the product and the records, to separate each stage in the medication chain, not to mix a side effect with a preventable error, to document the harm, and to choose the suitable official route. For the upper frame, the health-law practice area can be examined. Each event is assessed separately with the current medical information, the records, and the legislation. A guarantee of responsibility, or of a result, cannot be given.

From where the medication record is read

A medication event is read from the order, the pharmacy, and the administration record. A side effect is not counted as an error in every file. A dose and a damages amount are not written.

The office in Çankaya does not choose the authority the file will go to.

Conclusion

This article is for general information. The document, the time, and the procedure of the concrete event should be read separately. There is no promise of a result by heart.

Frequently asked questions

What should I do first if I notice that I took the wrong medicine?

The priority is health safety. Rather than taking the medicine again on your own, changing the dose, or trying to balance it with another medicine, urgent direction should be taken from a suitable health unit or from an authorised advice channel. If there is a change of consciousness, shortness of breath, a serious rash, or another severe symptom, emergency help should not be delayed. The medicine box, the prescription, the time of use, and the amount taken should be conveyed correctly to the health worker. Treatment should not be postponed out of concern for legal evidence.

Is every side effect of a medicine counted as a medication error?

No. A known or unforeseeable side effect can appear even though the medicine was chosen correctly and administered at the correct dose. In the assessment of an error, the suitability of the medicine, the allergy and interaction check, the dose calculation, the information given to the patient, the giving of the correct product at the pharmacy, the administration to the correct person at the correct time in the hospital, and the follow-up afterwards are examined. That the side effect is known does not automatically make a lack of the necessary follow-up, or of an urgent intervention, justified.

Why should I keep the medicine box and the packaging?

The box and the packaging carry details such as the product name, the dose, the serial number, the expiry date, and the manufacturer information. This information is important in a claim that a different product was given at the pharmacy, of a label mix-up, or of product safety. The remaining medicine should not be used at random, and it should be kept in a safe way. Taking a photograph without making a change on the packaging, and keeping it together with the prescription and the payment document, helps verify which product the event is related to.

If the pharmacy gave the wrong medicine, is only the pharmacy liable?

A single person liable cannot be determined before the whole chain of the event is examined. The readability of the prescription, the electronic record, the physician’s choice, the pharmacist’s check of the product and of the dose, the explanation of use to the patient, and how the patient used the medicine are assessed separately. If it was administered inside a hospital, the nursing and the institutional system can also come onto the agenda. More than one shortfall can be found, or the harm may have arisen only from a known side effect. The concrete contribution of each actor should be determined with the records.

Is it an error if a medicine is given even though my allergy is written in the file?

Not taking into account a known and recorded serious allergy in the choice of the medicine is a strong heading of examination. The relation of the medicine that was given with the allergen, the accessibility of the records to the health worker, the options in the emergency, and the follow-up after the administration are assessed together. The patient’s possibility of reporting the allergy, and a bracelet or system warnings, are also important. That the allergic reaction arose from the medicine, and its connection with the harm, should be set out with medical evidence.

How can I learn which medicine was given in the hospital?

The physician’s orders in the patient file, the medication-administration chart, the nurse observation records, the pharmacy-issue records, and the electronic-system data can be requested. The time of administration, the dose, the route, and the information of the person who administered it are important in the assessment of the event. Only the discharge prescription does not show all the medicines given during the stay. The documents should be taken with a written request. If a contradiction is seen between the hours, it should be marked openly in the chronology of the event.

Is officially reporting a side effect of a medicine a damages application?

A notice of an adverse effect, or of product safety, serves the collection of data on the safe use of the medicine. It does not of itself mean a decision of damages or of fault. For damages, the standard of conduct, the harm, and the causal link are assessed separately. The official notice and the health records can still contribute to the documenting of the event. A product defect, a prescription error, and an administration error are different legal frames. A single notice does not take the place of all the routes.

How long is the application period for a medication error?

The period can change according to whether the event happened in a public or a private institution, to the pharmacy or product dimension, to whether the claim is in the nature of damages, a complaint, or a criminal matter, and to the date the harm was learned. It is not correct to give a single period for all medication events. The prescription, the purchase, the administration, the start of the symptom, the health application, and the dates of learning should be recorded. The collection of evidence should not be delayed for the protection of the product and of the electronic records. The current period analysis should be made early.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Health law

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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