Medication Errors | Nurses

Administering medications and handling other medication-related tasks is often among a nurse's duties. Sometimes, nurses make mistakes when handling such tasks.

You could face several professional consequences if you're a nurse accused of medication errors. A severe error could result in disciplinary action and may even jeopardize your professional license.

You've worked for years to establish your career. Don't let a single alleged mistake put it at risk.

You need a proper defense if your professional license is on the line because someone thinks you made a medication error. At the Lento Law Firm, our Professional License Defense Team is available to offer exactly that. Find out how we can help with your case by submitting your information through our online contact form today or calling us at 888-535-3686.

How Common Are Medication Errors in Nursing?

There's no absolute answer to this question. Various studies and surveys arrive at different conclusions.

Generally, though, it appears medication errors aren't particularly uncommon. One study indicates approximately 64.55% of nurses make medication errors at some point in their careers. Researchers also found that 31.37% of nurses who participated in the study reported instances in which they very nearly made medication errors.

Some experts conclude that medication errors represent the most common cause of patient injury in healthcare settings. They also believe medication errors may be among the most preventable causes of patient injury.

Common Types of Medication Errors Involving Nurses

Medication errors can take many forms. Because nurses generally can't prescribe medications the way doctors can, the errors nurses are most prone to may primarily involve administering medications incorrectly. Common medication errors among nurses include:

Administering the wrong medication
Not accounting for drug interactions or a patient's medical history when administering medication.
Administering the wrong dose of a medication
Administering a medication improperly
Not properly explaining to a patient how to administer a particular medication
Not properly communicating information about a patient's medications to other team members
Not properly documenting a patient's medications and their usage of them

Researchers who've studied the rate of medication errors in healthcare settings have identified several steps in the treatment process during which errors can occur. These steps are:

Ordering/prescribing medications
Documenting and transcribing
Dispensing
Administering
Monitoring

Nurses may be involved with several of these steps, depending on a specific nurse's duties, the needs of the healthcare facility, and other such factors. An error during any step could negatively impact patient outcomes.

Why Nurses Make Medication Errors

Nurses can make medication errors for a variety of reasons. The following are a few noteworthy examples:

Understaffing: Nursing can involve being very busy. In some instances, healthcare facilities aren't sufficiently staffed to address the needs of all patients. In such a setting, when a nurse's bandwidth may be stretched, they may be more likely to make errors they would otherwise avoid.
Lack of communication: Numerous parties can be involved in a given patient's care. Sometimes, the root cause of medication errors is a lack of communication among said parties.
Usage of acronyms: Nurses may need to read a doctor's writing when choosing a medication to administer to a patient. This can already be difficult. If a doctor doesn't have the strongest penmanship, a nurse could easily misread what's written, choosing the wrong medication. Additionally, many doctors use acronyms when listing the medications patients are to receive. Confusion could result if a doctor uses an acronym a nurse is unfamiliar with.
Similar names: Many drugs have similar names. Thus, it's easy for nurses to accidentally administer the wrong drug when its name is very similar to that of the correct drug. Additionally, according to one of the studies linked above, nurses themselves report being more prone to making medication errors when medication storage closets are filled with large quantities and/or varieties of medications.
Lack of pharmacological knowledge: Nurses reporting their concerns in studies and surveys readily admit that sometimes errors occur due to knowledge gaps. A nurse who hasn't been properly trained may lack the pharmacological knowledge necessary to choose and administer a patient's medication properly.
Being busy and tired: Once more, nurses have very busy and demanding jobs. Research shows that nurses find they are more likely to make medication errors when they're simply tired from overwork.

Depending on the details of your case, attorneys with the Lento Law Firm's Professional License Defense Team may strive to determine the cause of a medication error. Doing so is often helpful when building a defense.

Preventing Medication Errors in Nursing: Tips to Keep in Mind

Even if you're already handling a complaint due to an alleged medication error, it's wise to familiarize yourself with effective ways to prevent such errors. Doing so can limit your chances of facing similar difficulties in the future.

Ways to guard against medication errors as a nurse include:

Double-check or triple-check notes, patient charts, forms, and all other documentation providing the information you need when administering medication.
Always ask questions or request assistance when necessary. You should never feel less than confident when handling a task as a nurse. If you have questions about a patient's medication, be sure to ask for help.
Pay close attention to the dosing of medications that may be particularly dangerous in the wrong doses. Confirm the pharmacist has provided the correct dosage if you're unsure.
Be honest with yourself about your capacity to handle a medication task. You may not want to admit you're too tired or stressed to handle a task, but as an overworked nurse, you must monitor yourself for signs of fatigue. If you're too tired or busy to treat a patient properly, let someone responsible know you require assistance.

Medication errors can cause serious harm. It's vital that you prioritize avoiding mistakes when handling medication-based tasks.

That said, as the research shows, medication errors can and do happen. Sometimes, nurses may make mistakes involving medication for reasons beyond their control.

Don't assume the licensing board will take pity on you if you feel the reason for a medication error should be understandable. A licensing board has a duty to ensure the public's safety. Members of the board handling your case may decide to err on the side of caution and discipline you more harshly than is appropriate or necessary.

This is one of many reasons it pays to have a legal team on your side when an alleged medication error leads to a complaint. While the Lento Law Firm's Professional License Defense Team can't guarantee a definite outcome to your case, we can provide valuable help when a licensing board is considering disciplinary action.

Understanding the ‘Five Rights' of Medication Administration for Nurses

Another way to avoid medication errors as a nurse is to understand the Five Rights. They are:

Right Patient: A busy healthcare facility can be a very confusing and overwhelming setting in which to work. In such a setting, it's absolutely possible for a nurse to provide medication to the wrong patient accidentally. Make sure you're treating the correct patient before administering any drugs.
Right Drug: Because there are many reasons a nurse can easily select the wrong drug when administering a medication, you must confirm you've chosen the correct medication before administering it. Again, ask questions if there is even slight confusion on your part.
Right Dose: Providing the right patient with the right medication may nevertheless cause harm if you don't provide the correct dosage. Confirm you're administering the correct dosage and confirm the pharmacist got the dosage correct.
Right Route: Not all drugs are taken the same way. In addition, some drugs may have multiple routes through which they can be administered. Don't administer a medication without first knowing the proper method for doing so.
Right Time: A patient may need to receive a particular medication at a particular time. Always confirm you have this detail right when administering medication.

Depending on what type of nurse you are, where you work, how long you've worked, and other such factors, you may be responsible for supervising other nurses. You should also ensure they know how to guard against medication errors. You might be the one held responsible if a nurse under your supervision makes a mistake that harms a patient.

Potential Consequences of Medication Errors for Patients

The potential consequences patients may face when medication errors occur can depend on the specific nature of said errors. Examples of such consequences include:

A patient not receiving the medication they need, resulting in ineffective or delayed treatment
A medication interacting with another medication a patient already takes which could cause patient harm
A medication harming a patient due to an underlying health issue that wasn't accounted for when a medication was prescribed or administered
A patient experiencing unpleasant or unwanted side effects
A patient spending money on an expensive medication they didn't need

That's not a complete list. If a nurse makes a medication error that harms a patient in any capacity, they may be subject to various consequences themselves. This may include a state licensing board taking disciplinary action against a nurse.

The Complaint Process When Nurses Make Medication Errors

The specific steps in the complaint process when a patient or other such party wishes to report a nurse for a medication error vary from one state to another. Every state has its own licensing board for nurses, and thus, the procedure is slightly different depending on where you are in the country.

That said, the process usually involves the following:

Initial complaint: Someone filing a complaint against a nurse may contact the state licensing board, providing information about the nurse in question and the alleged violation. Depending on what state they're in, the person filing a complaint may also need to provide information about their own identity.
Review: Sometimes, those who receive initial complaints will review them before deciding whether any additional steps are necessary. For instance, they might decide not to proceed with an investigation if a patient is accusing a nurse of behavior that doesn't rise to the level of misconduct or a violation of the applicable laws or regulations.
Investigation: Investigators may decide a complaint has merit. At this stage, a nurse should have received notice of said complaint, though it must again be stressed that the specifics can vary in different states. During an investigation, those looking into a complaint may interview various parties who could have knowledge about a nurse's alleged misconduct.
Presentation of report: The length of an investigation can vary. Often, investigators can extend the deadline for completing an investigation (if there is such a deadline) if they can show a good reason for needing to do so. As always, the length of an investigation may be different in different parts of the country. Once an investigation ends, investigators will usually submit a report to the licensing board that summarizes their findings.
Review and hearing: The licensing board will review the information in the report and decide whether to take disciplinary action against a nurse. Often, a nurse has the option of participating in a hearing. This involves another party (such as a representative from the state's district attorney's office) presenting the case against the nurse. A nurse will have the opportunity to defend themselves during a hearing. As with a criminal trial, a nurse may hire a lawyer to represent them throughout the process.
Decision: Members of the licensing board will decide whether to take disciplinary action after hearing all the information from both sides and reviewing all the information in the investigators' report. Often, a nurse will receive a copy of the licensing board's official decision via certified mail, although they may also be present during the public session in which the board announces its decision.
Appeal: Many states allow nurses to appeal the decisions of licensing boards. It's important to research the appeals process in your state, as there may be a strict deadline for taking action after the licensing board makes its decision.

Having professional legal assistance throughout all stages of the process can help you navigate them more confidently and effectively. As soon as you discover someone has filed a complaint accusing you of making a medication error, strongly consider getting in touch with lawyers qualified to handle your case. Our Professional License Defense Team at the Lento Law Firm is prepared to get started on your case as soon as you hire us.

Potential Forms of Disciplinary Action in Nursing Medication Error Cases

Many factors will influence the types of disciplinary action nurses may face when licensing boards find they're responsible for medication errors. Common examples of disciplinary action include:

License suspension
License revocation
Probation
Monitoring/Supervision
The requirement to abide by various conditions the licensing board deems appropriate

A state licensing board will typically maintain a registry that lists information regarding disciplinary action taken. If a licensing board takes action against you, there may be a listing that potential future employers could track down.

Such a listing could even theoretically affect your employment prospects in other states. This may be the case if your state participates in the Nursys system.

The Nursys system is an information-sharing program that most nurse licensing boards in the U.S. participate in. The benefits of the Nursys system for nurses are that it allows them to practice in multiple states without getting re-licensed. This is helpful for nurses who wish to move or who wish to travel throughout the country to practice nursing.

However, if your state participates in Nursys, any information about disciplinary action taken against you will probably be accessible to potential employers in other Nursys states.

The information here isn't meant to cause excessive concern. It's merely imperative that you understand the significance of a medication error complaint. Although you may not technically be involved in a criminal case, taking the matter as seriously as a criminal case and hiring attorneys to represent you is very smart when your career is in jeopardy.

Nurses and Medication Errors: Settling a Case With a State Licensing Board

The fact that yours isn't a criminal case doesn't mean it has no characteristics in common with such cases. For instance, some state licensing boards allow nurses to essentially enter into settlement agreements with them when disciplinary action is on the table.

A plea deal in a criminal case involves a defendant entering a guilty plea in exchange for lighter sentencing than they might otherwise receive. Similarly, a licensing board may allow you to accept a deal that requires you to admit responsibility for a medication error. Sometimes, accepting this type of deal limits the severity of the disciplinary action you'd otherwise face.

For example, maybe a nurse made a medication error because they're addicted to alcohol or another substance. A licensing board handling a complaint against such a nurse may allow them to keep their license if they agree to participate in a drug/alcohol counseling program. They may also have to agree to other conditions to accept a settlement, such as a condition that they undergo monitoring for a set period of time.

It's not always clear whether accepting this type of deal is in your best interests as a nurse. Although no one can force you to settle your case, our attorneys with the Lento Law Firm's Professional License Defense Team can help you determine whether accepting this type of deal is wise. We may also negotiate on your behalf, fighting for a deal that's truly fair and appropriate.

Potential Defenses in Nursing Medication Errors Cases

There's no way to say what type of defense strategy our attorneys would employ in your case without knowing the details. We tailor our approach to the specific needs of every client. That said, the following are a few strategies that are fairly common in nursing medication error cases:

Someone else made an error: It can't be stressed enough: Various parties may contribute to a patient's treatment. Even if a medication error did occur, it's possible that the nurse who's the subject of a complaint wasn't the one to make the error.
Lack of information: A nurse or other such healthcare provider can't be blamed for not accounting for information they didn't have. For example, maybe a prescription medication negatively interacted with an over-the-counter medicine a patient was already taking. If the patient didn't tell those involved in their treatment that they'd been using this medication, a medication error might not be anyone's fault.
Track record: Even when a nurse is responsible for a medication error, citing such factors as their track record when presenting a defense could help convince a licensing board to be fairly lenient when deciding what type of disciplinary action (if any) to take. Our attorneys may review your professional history to show how a medication error was an understandable mistake that doesn't reflect on the overall quality of your performance.
A medication error didn't cause an injury: A patient is most likely to file a complaint accusing a nurse of a medication error when said error appears to have harmed a patient in some capacity. However, a patient may be mistaken. It's possible their injury resulted from a factor other than a medication error. Our attorneys may be able to show this when presenting your defense during a hearing or other such stage of an investigation.

Again, these are just examples. Our team will consider the facts of your case and craft a proper defense accordingly.

Nurses and Medication Errors: The Importance of Legal Assistance

Being accused of a medication error can threaten your ability to practice nursing. Depending on whether yours is a Nursys state, your ability to practice nursing throughout the country may be at risk.

Defending yourself in these circumstances is critical. Luckily, you don't have to defend yourself alone.

Our attorneys with the Lento Law Firm's Professional License Defense Team have experience handling cases like yours. Hire us, and you'll enjoy the peace of mind that comes from having knowledgeable lawyers on your side. Get started today by submitting our online contact form or calling us at 888-535-3686 to begin discussing your case.

Nurses and Medication Errors