Key Takeaways:
- Medication errors during surgery can happen right before a patient’s procedure or during the procedure itself.
- Negligence is typically at play when a surgical medication error occurs.
- The statute of limitations to file a medical malpractice lawsuit is one year from the date of the error or the date your injury from the error was discovered.
Unfortunately, medication errors during surgery are not as uncommon as they should be. While there are supposed to be failsafes in place to prevent these mistakes from happening, things can slip through the cracks. In some cases, this results in serious injury or even death.
Here’s what to know about medication errors during surgery and how a Cleveland medical malpractice attorney can help you hold negligent medical professionals accountable.
What Is a Medication Error?
A surgical medication error is one that occurs just before or during a patient’s procedure. This can include:
- Administering the wrong type of medication
- Administering the wrong medication dosage
- Giving medication via the wrong route
- Improperly diluting medication
- Giving medication a patient is allergic to
- Giving medication at the wrong time
Listen Now: Never Events – Medication Errors During Surgery (Podcast)
How Do Medication Errors Occur?
Medication errors are considered a never event, which means they should never happen at any time before or after a patient’s surgery. Every hospital has protocols in place to prevent this from occurring, but unfortunately, errors still happen. Here’s how:
- Inadequate communication. If staff members fail to communicate clearly about which medication a patient needs, how much they need, and when they need it, a mistake is likely. Sometimes, language barriers may be at play, or a doctor’s handwriting may be difficult to decipher.
- Poor environment. If surgical teams are short-staffed, have inadequate lighting, or are interrupted frequently during a patient’s surgery, the chances of making a mistake are higher.
- Inaccessible information. Surgical teams need to be able to access a patient’s chart to confirm allergies and calculate the proper dosage of a medication according to the patient’s height and weight. If this information isn’t readily available, the wrong medicine or the wrong dosage may be given.
- Improper labeling. Many medications have similar-sounding names and must be clearly labeled to make sure there is no confusion between them. If vials aren’t visibly different, staff could easily switch one vial for another and end up giving the patient the wrong medication.
- Training failures. If staff members aren’t trained on how to correctly read medication labels or how to dose and administer medications properly, errors can occur.
Further Reading: The Causes and Consequences of Medication Errors
How to File a Lawsuit for Medication Errors During Surgery
Determine Fault
Before you file a lawsuit, you need to identify the party or parties responsible for the medication error. This could be your surgeon, a nurse who mixed up the medications, or the hospital itself. In some cases, there may be more than one person or facility at fault. Whoever owed you a duty of care during your surgery and breached that duty may be culpable.
Further Reading: When Medications Go Wrong, Fault Must Be Determined
Gather Evidence
Putting evidence together to prove a medication error during surgery can be challenging. You’ll need copies of all your medical records, including surgical notes, video or audio recordings, witness statements, and anything else you can get that pertains to your operation. You’ll also need evidence that illustrates how you were harmed by the medication error, like statements from your employer that you were unable to work.
Further Reading: Evidence Needed To Prove a Medical Malpractice Claim
File Suit
In Ohio, you have one year from the date of your injury or the date your injury was discovered to file a lawsuit against the at-fault party. This is why time is of the essence and contacting a medical malpractice lawyer soon after your injury is so important.
Further Reading: Statute of Limitations for Medical Malpractice Claim in Ohio
Were You or a Loved One the Victim of a Surgical Medication Error? Call Now
Medication errors aren’t just a simple “oops.” They are serious mistakes that can cause equally egregious consequences for the patient and their families. If you or someone you know were harmed by receiving the wrong medication during surgery, The Mellino Law Firm can help.
We’ll fight for you to hold negligent medical providers accountable and can pursue the full and fair compensation you deserve for any injuries or long-term effects you are now left with as a result. Contact us today at (440) 333-3800 to get started.