Pharmacy Negligence in Nevada Leads to Miscarriage

In 2019, Timika Thomas, a Las Vegas woman eager to expand her family, was devastated when CVS mistakenly provided her with an abortion pill instead of IVF hormones, leading to the termination of her pregnancy. Thomas, who had faced multiple challenges in conceiving, including two ectopic pregnancies and the removal of her fallopian tubes, was undergoing in vitro fertilization (IVF) to achieve her dream of a larger family. Following a successful IVF procedure where two embryos were implanted, she was prescribed medication to support her pregnancy.

However, when Thomas visited a CVS pharmacy at W. Craig Road and Camino Al Norte in North Las Vegas, she received the wrong medication. The abortion pill, Misoprostol, was mistakenly dispensed instead of the required hormones. After taking the medication, Thomas experienced severe cramping and soon discovered from the prescription label that the drug was intended for abortions. The error, attributed to a series of mistakes by pharmacy staff, led to the immediate loss of her pregnancy.

The Nevada State Board of Pharmacy reviewed the case, resulting in the provisional suspension of the two pharmacists involved and a $10,000 fine for CVS. The pharmacy’s response acknowledged the mistake and emphasized their commitment to patient safety and continuous improvement. Despite the apologies from the pharmacists and CVS, Thomas felt that the acknowledgment and monetary compensation were insufficient. Four years later, she continues to struggle with the emotional and physical aftermath of the error, expressing that the company’s apology was inadequate in light of her profound loss.

Victims of medical negligence have rights. Call Bradshaw Law for help filing your medical malpractice case. 775-738-7444.

Who Is Liable for Medication Errors?

Liability for medication errors can involve multiple parties, each with responsibility depending on the circumstances of the error.

Healthcare Providers

Healthcare providers, including doctors, nurses, and other clinicians, can be held liable for medication errors if they fail to meet the standard of care. If a physician prescribes the wrong medication, dosage, or fails to account for a patient’s allergies or drug interactions, he or she may be liable for resulting harm. Nurses or other medical staff responsible for administering medication can be held accountable if they administer the wrong drug or incorrect dosage due to negligence or lack of attention.

Pharmacists

Pharmacists play a crucial role in dispensing medications and ensuring their proper use. If pharmacists dispense the wrong medication, incorrect dosage, or fail to provide adequate instructions, they may be held responsible for adverse effects experienced by the patient. Pharmacists are also responsible for providing accurate information about how to take medications and side effects. Failure to do so can result in liability if it leads to harm.

Pharmacy Technicians

Pharmacy technicians assist pharmacists in dispensing medications. A pharmacy technician who misfills a prescription or makes an error in labeling can be held accountable. However, the supervising pharmacist typically holds ultimate responsibility for the final check.

Healthcare Facilities

Hospitals, clinics, and pharmacies can be held liable for medication errors under the doctrine of vicarious liability, which holds an employer responsible for the actions of its employees if those actions occur within the scope of employment. Errors due to systemic issues such as inadequate procedures, poor communication, or lack of proper training can implicate the facility in liability.

Drug Manufacturers

In cases where medication errors result from defective or unsafe drugs, the drug manufacturer may be held liable under product liability laws. If a drug is inherently dangerous or causes unexpected side effects due to a design flaw or manufacturing defect, the manufacturer may be responsible.

Patients affected by medication errors may pursue legal action through medical malpractice or product liability lawsuits, depending on the nature of the error and responsible parties. Proving liability typically requires demonstrating negligence, showing that the error caused harm, and providing evidence of damages.

Can You Sue a Pharmacy?

You can sue a pharmacy if you suffer harm due to errors or negligence in the dispensing of medications. Pharmacies have a legal duty to provide accurate and safe medication services, and if they fail in this duty, they may be held liable for resulting damages. 

Grounds for a Pharmacy Lawsuit

If a pharmacy dispenses the wrong medication, incorrect dosage, or fails to provide proper labeling and instructions, they may be liable in a lawsuit. For instance, if a patient receives a medication that leads to severe side effects or complications due to such errors, the pharmacy could be held responsible.

Additionally, pharmacists are required to provide adequate counseling about medications, including side effects and interactions with other drugs. If a pharmacist fails to do so and this omission results in harm, the pharmacy may be liable.

If a pharmacy’s staff, including pharmacists and pharmacy technicians, acts negligently—such as misreading prescriptions or failing to catch contraindications—the pharmacy may be held accountable for resulting injuries or illnesses.

Legal Process

To pursue a lawsuit, you need to gather evidence showing that the pharmacy’s actions directly led to harm. This includes medical records, prescription details, and any communication with the pharmacy.

It’s crucial to consult with a medical malpractice lawyer. He or she can assess the strength of your case, help you understand your legal options, and guide you through the process. If you are advised to proceed, your attorney will file a complaint detailing the allegations and seek damages for your injuries. The case may be resolved through settlement negotiations or proceed to trial.

Suing a pharmacy is possible if you can demonstrate that their errors or negligence led to harm. Consulting with an attorney is essential to navigate the complexities of such cases and ensure that you receive appropriate compensation for your damages.

What Damages Are Available in a Lawsuit Against a Pharmacy?

In a lawsuit against a pharmacy in Illinois, several types of damages may be available, depending on the nature and extent of the harm suffered due to the pharmacy’s errors or negligence. 

Economic Damages

• Medical Expenses: Compensation for costs related to medical treatment required to address the harm caused by the pharmacy’s error. This includes hospital bills, medication costs, surgery, and ongoing care.
• Lost Wages: If the harm resulted in your inability to work, you can claim damages for lost income. This includes both past wages and future earning potential if the injury impacts your ability to work long-term.
• Out-of-Pocket Expenses: Reimbursement for other financial losses directly related to the injury, such as transportation costs for medical appointments or home modifications needed due to disability.

Non-Economic Damages

• Pain and Suffering: Compensation for physical pain and emotional distress caused by the injury. This is intended to address the subjective impact of the harm on your quality of life.
• Emotional Distress: Damages for the mental anguish or psychological impact of the injury. This can include anxiety, depression, and other emotional challenges resulting from the harm.

Wrongful Death Damages

If the pharmacy’s error led to a patient’s death, the surviving family members might be able to claim wrongful death damages. These can include compensation for funeral expenses, loss of companionship, and loss of financial support.

Consulting with a skilled attorney is crucial to accurately assess and pursue the appropriate damages for your medical malpractice case.

Can You File a Wrongful Death Claim for Medical Errors That Lead to Fetal Death?

You can file a wrongful death claim in Illinois for medical errors that lead to fetal death. In such cases, parents may seek legal recourse if it can be demonstrated that medical negligence was the cause of the loss.

Eligibility for a Wrongful Death Claim

To pursue a wrongful death claim, you need to show that the fetal death resulted from medical negligence. This includes errors in prenatal care, misdiagnosis, incorrect treatment, or other forms of malpractice by healthcare providers.

Illinois law allows for wrongful death claims if the fetus was viable or if the negligence led to harm that contributed to the death. Viability is generally considered to be around 24 weeks of gestation, but claims can be valid if the medical error was proven to be significant regardless of the gestational age.

Key Considerations

Proper documentation and medical records are crucial to establish that negligence occurred and that it was directly related to the fetal death. In many cases, expert medical testimony is needed to demonstrate how the negligence deviated from standard care and how it impacted the outcome.

Filing a wrongful death claim for fetal death due to medical errors involves showing that the healthcare provider’s negligence directly led to the loss. Parents can seek justice and accountability for the medical mistakes that contributed to the tragedy.

Timika Thomas’s case underscores the profound impact that medication errors can have on individuals and families. The CVS pharmacy’s mistake not only terminated her pregnancy, but left Thomas grappling with emotional and physical pain. Despite the pharmacy’s acknowledgment and penalties, Thomas felt the response was inadequate given the depth of her loss. This situation highlights the importance of stringent checks and proper procedures in pharmacies to prevent such errors. Ensuring accurate medication dispensing and thorough patient counseling are crucial to avoiding similar tragedies and safeguarding patients’ well-being. If you sustained injuries due to pharmaceutical errors, call Bradshaw Law, LLC for help.