Medication & Pharmacy Errors: From E-Prescribe to Ingest - PA & NJ
Fighting Medication Errors & Negligence
Medication errors are preventable events that can occur anywhere from electronic prescribing to labeling to ingestion. Getting to a fair outcome requires two things: preserve the proof (bottles, labels, receipts, messages) and build the story (what should have happened vs. what did). We help families in Pennsylvania and New Jersey do both—calmly, quickly, and thoroughly.
What Counts as a “Medication Error” (plain English)
The FDA adopts the NCC-MERP definition: any preventable event that may cause or lead to inappropriate medication use or patient harm while the drug is in the control of a healthcare provider, patient, or consumer. That includes prescribing, transcribing, dispensing, administration, and monitoring failures.
Common fact patterns we see:
Look-Alike / Sound-Alike (LASA) names (e.g., confusing drug names that benefit from “Tall Man” lettering).
Wrong drug, dose, route, patient, or directions.
Labeling/packaging that obscures strength or units.
Missed interactions/allergies at verification; no counseling on a new prescription.
Where Errors Happen — And How They Travel
E-Prescribe & Prescriber stage – selection errors from drop-downs; incomplete directions.
Pharmacy intake & verification – profile mix-ups; interaction/allergy screens ignored or overridden.
Fill & label – wrong NDC/strength; LASA swaps; units misread.
Final check & counseling – failure to provide new-rx counseling or to catch mismatched directions.
At home – confusing labels lead to incorrect use; undetected side effects escalate.
Why LASA matters: ISMP maintains widely used lists of confused drug names and Tall Man lettering recommendations to reduce mis-selection and mis-reading. If a store doesn’t implement commonsense safeguards, LASA risk rises.
Pharmacist Duties at the Highest Level
While state rules vary, core responsibilities typically include: verifying the prescription (right patient/drug/dose/route), reviewing for interactions and allergies (drug utilization review), applying safe labeling/packaging, and providing counseling on new prescriptions. FDA labeling and design guidance underscores how poor container/carton design contributes to error risk—good systems reduce that risk.
Immediate Steps: What to Do in the First 72 Hours
Stop & secure the evidence: keep the bottle(s), pills, box, insert, and receipt—do not return or discard. Photograph all sides of labels and the pills themselves.
Document symptoms with dates/times; seek medical care; ask providers to note suspected medication error.
Call the prescriber (and pharmacist) for written corrections: what was intended vs. what was dispensed.
Request records from the pharmacy: profile, prescription image/e-rx, NDC actually dispensed, interaction/allergy checks, and any quality-assurance notes.
Report the event to FDA MedWatch (consumer form 3500B) so the safety signal is captured.
Consider state complaints when appropriate: PA State Board of Pharmacy or NJ Division of Consumer Affairs/Board of Pharmacy.
Call us early—we’ll help preserve data that gets overwritten and coordinate medical follow-up.
Building the Case — How we prove it
Liability theory: We align what should have happened (verification, safe labeling, counseling, interaction screening) with what the records show. FDA/ISMP materials on error-reducing label/carton design and LASA/Tall Man strategies can help establish what “reasonable” looks like.
Evidence we collect:
E-prescribe image or written Rx; pharmacy workflow logs; NDC/lot; label photos; receipt.
Drug-utilization review outputs; allergy/interaction overrides.
Communications (texts/portal notes) with prescriber/pharmacy; insurer claim data.
Medical records linking exposure → symptoms → treatment; toxicology where appropriate.
Independent pharmacist or human-factors expert review if needed; product/label exemplars.
Causation & timeline: We build a minute-to-week chronology (exposure → adverse effect → medical visits) so the story is clear to adjusters, mediators, and jurors. Authoritative definitions and reporting frameworks (FDA/MedWatch, ISMP) reinforce credibility.
Damages in PA & NJ —what your claim may include:
Economic: ER/clinic visits, hospitalization, meds to reverse/treat harm, follow-ups, travel, lost wages, and—if long-term—future medicals and care coordination.
Non-economic: Pain and suffering, loss of life’s pleasures, anxiety/PTSD following the event.
Punitive (rare): Where conduct is reckless (e.g., systemic disregard for safety practices).
We’ll also review auto/health/ERISA liens and structure recoveries so coverage gaps are realistically funded.
Questions About Pharmacy Errors?
We Have Answers
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Answer: Yes, near misses help FDA and ISMP track hazards, and they often reveal system problems (labeling, storage, workflow) we can fix before someone is hurt. More Information
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Answer: Ask for it back immediately or request high-resolution photos of the original contents, label, and the pharmacy’s internal documentation (NDC, QA notes). Keep receipts and any messages acknowledging the mix-up.
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No, MedWatch is a safety reporting system, not a liability admission. Provide factual, concise details and keep a copy of your submission confirmation.
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Answer: Confusable names, similar packaging, and rushed selection. “Tall Man” lettering and shelf/IT strategies reduce risk—lack of such safeguards can be evidence of a weak system. More Information
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Answer: If harm occurred (or risk was serious), consider a complaint to the PA State Board of Pharmacy or NJ Consumer Affairs/Board of Pharmacy. These agencies can investigate and track patterns.
Pennsylvania & New Jersey Victims—Take Action Now!
If you or a family member has experienced a medication or pharmacy error, we can help preserve critical evidence and carefully map out your next medical steps during one focused, comprehensive call—offering a calm, thorough, and practical approach to ensure your case is handled with the care it deserves.
Edelstein Law • www.edelsteinlaw.com • (215) 893-9311 • Serving all counties in PA & NJ
Disclaimer: This material is for general information only and does not constitute legal or medical advice. Reading it or contacting Edelstein Law does not create an attorney–client relationship. Do not send confidential information until representation is confirmed in a written engagement letter. Sharing or discussing this content with other lawyers does not create a co-counsel, joint-venture, or referral arrangement; any such relationship requires a separate written agreement executed by Edelstein Law and, where applicable, the client.
