Discharge Medication Errors: What Happens When You Go Home With the Wrong Prescription
Most people leave the hospital expecting that the medications listed on their discharge paperwork are the medications they should take at home. Discovering that a prescription was wrong can be frightening, especially when you learn about the mistake only after developing new symptoms, suffering a drug interaction, returning to the emergency room, or needing additional treatment.
A discharge medication error can take several forms. A patient might receive the wrong medication or dosage, instructions that conflict with another medication, a prescription that does not account for a documented allergy, or an inaccurate medication list that creates confusion about which drugs to continue or stop.
Medication management is especially important when patients move from one care setting to another. Current Joint Commission requirements address maintaining and communicating accurate medication information, including medication reconciliation, as part of efforts to reduce medication discrepancies and improve patient safety.
But discovering an error does not automatically establish medical malpractice or make the hospital legally responsible. What matters is where the mistake occurred, what the applicable standard of care required, who was responsible for that part of the medication process, and whether the error caused an injury. This article explains how those questions can arise after a New Jersey hospital discharge.
Medication Errors at Discharge: What Goes Wrong and Why It Happens
Preparing a patient to leave the hospital can involve several medication-related steps. Depending on the circumstances, clinicians may need to determine which medications should continue, stop, or change; prepare discharge orders or prescriptions; reconcile those medications with the patient's existing medication list; and explain what the patient should take after returning home.
An error can occur at different points in that process. Examples include:
- Medication reconciliation errors that result in an unintended duplication, omission, or conflict between an existing medication and a new prescription
- Incomplete communication between members of the treating or discharge team
- Discharge instructions that list the wrong medication, dose, timing, or directions
- A prescription or medication order that does not appropriately account for information such as a documented allergy
- A dispensing error in which a patient receives a medication or strength different from what was prescribed
Finding out where the mistake occurred is important. The discharge paperwork, medication administration record, prescription, pharmacy records, medical chart, and communications among the providers involved can help show what was ordered, what information was available, what the patient was told, and what medication was ultimately provided.
The New Jersey medical malpractice attorneys at Andres, Berger & Tran can review those records to help identify which providers or entities should be evaluated and whether the circumstances support a malpractice claim.
Hospital Liability for Medication Errors: Who May Be Responsible for What Happened to You
Who is legally responsible for a discharge medication error depends on where the mistake occurred and each provider's role in the patient's care. A prescribing clinician, nursing staff member, hospital pharmacy, hospital, or outside pharmacy can become relevant to the investigation, but involvement in the discharge process does not by itself establish negligence.
The Prescribing Clinician
A prescribing clinician's decisions can become important when the error began with the medication or dosage that was ordered. For example, the records might show that a medication was prescribed despite a documented allergy, that the dosage was inappropriate under the circumstances, or that a new prescription created a harmful interaction that reasonably should have been addressed. Whether the prescription fell below the applicable standard of care depends on the medical facts and information available at the time.
Nursing Staff
Nursing care can become relevant when the discharge process included responsibilities such as reviewing medication information, carrying out discharge orders, or explaining instructions to the patient. If the records show that a required medication-related step was performed incorrectly or omitted, the question becomes whether that conduct departed from the applicable nursing standard of care and contributed to the patient's injury.
The Hospital Pharmacy
If medication was processed or dispensed through a hospital pharmacy, the pharmacy records can help determine whether the correct medication and strength were provided and whether the dispensing process was handled appropriately. A dispensing error, such as providing a drug or strength different from what was prescribed, can raise a separate question about pharmacy responsibility.
The Hospital Itself
A hospital's potential liability depends on the relationship between the hospital and the people involved in the error, as well as the specific conduct alleged. In some cases, a hospital can face liability based on negligent acts of its employees performed within the scope of their work. A separate claim against the hospital itself can involve an alleged failure in an institutional responsibility, but whether such a claim exists depends on the facts and the applicable standard of care.
The analysis does not always end with whether a clinician was formally employed by the hospital. Under New Jersey law, hospital liability can also involve questions about whether the hospital's conduct reasonably led the patient to believe that a physician was providing care on the hospital's behalf. Whether that type of responsibility applies depends on the circumstances surrounding the patient's care.
That distinction matters because not every clinician who practices at a hospital is necessarily a hospital employee, and a medication error does not automatically establish hospital liability or institutional negligence. Reviewing employment and provider relationships, hospital records, policies, discharge documentation, and the circumstances of the error can help identify the appropriate parties.
If the prescription was filled after discharge by an outside pharmacy and the medication dispensed did not match the prescription or another dispensing error occurred, the outside pharmacy's role should be evaluated separately.
Medical Malpractice in New Jersey: What Does a Claim Need to Show?
A medication mistake does not automatically amount to medical malpractice. A claim generally requires proof that a healthcare provider owed the patient a duty of care, failed to meet the applicable standard of care, and caused an injury that resulted in compensable damages.
That distinction is especially important in discharge-medication cases. A discrepancy on paperwork that is corrected before it harms the patient presents a different legal issue from an incorrect prescription that causes an adverse drug reaction, an emergency-room visit, additional hospitalization, or another measurable injury.
New Jersey medical-malpractice actions also generally require an Affidavit of Merit. An appropriately qualified licensed professional generally must state that there is a reasonable probability the care at issue fell outside acceptable professional standards. The affidavit generally must be provided within 60 days after a defendant files an answer, and a court can grant one additional period of up to 60 days for good cause.
New Jersey also generally applies a two-year statute of limitations to medical-malpractice claims, although determining when a claim accrued can depend on the circumstances. Additional and much shorter notice requirements can apply when a public entity or public employee is involved. Someone who discovers a serious medication injury should therefore have the relevant timeline reviewed rather than assuming when the filing period began or when it will expire.
What Compensation Can Be Available After a Medication Error in New Jersey?
When a discharge medication error causes an injury, recoverable damages depend on the nature and consequences of that injury. Depending on the facts, a claim can involve losses such as additional medical expenses, lost income, future treatment or rehabilitation costs, and compensation for physical pain, disability, or other non-economic harm caused by the injury.
If a medication error results in death, different issues involving New Jersey wrongful death and survivorship claims can arise. The damages available in those cases depend on the circumstances and should be evaluated separately.
The important distinction is that compensation is tied to harm caused by negligent medical care. The existence of an incorrect prescription or discharge instruction, without a resulting injury or loss, does not by itself establish the damages required for a malpractice recovery.
What Should You Do After a Discharge Medication Error?
If you were sent home with the wrong medication, start by focusing on your health. Seek appropriate medical care for concerning symptoms, and keep the discharge instructions, prescription information, medication packaging, pharmacy records, and later treatment records connected to what happened.
Once the immediate medical issue is addressed, determining whether the error was malpractice requires reconstructing the medication process. The important questions include what was prescribed, what medication information was available, what you were told at discharge, what was dispensed, where the error occurred, and whether it caused additional harm.
Andres, Berger & Tran is based in Haddonfield and represents people harmed by medical negligence throughout New Jersey, including Camden, Burlington, and Gloucester Counties. If you suffered a serious injury after being sent home with the wrong medication or incorrect medication instructions, contact Andres, Berger & Tran to discuss what happened and schedule a free consultation.
Disclaimer: Results may vary depending on your particular facts and legal circumstances. The articles on this blog are for informational purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.