How to Fight Back Against Medication Error Charges

 Posted on January 11, 2024 in Pharmacy License Defense

Being accused of a medication error can be stressful. However, with the right legal representation, you may be able to defend yourself and avoid losing your license or facing criminal charges. Ask an Illinois license defense lawyer on how to fight back if you are facing allegations related to a medication mistake.

Make Sure You Understand the Allegations

The first step is to clearly understand what you have been accused of. Medication error allegations can include charges like reckless conduct, negligence, battery, or even homicide if a patient's death occurred. Your lawyer can help interpret the formal complaint and explain what the licensing board or prosecutors intend to prove.

Gather Evidence on What Occurred

Your attorney will work with you to gather detailed information and evidence regarding the incident. This includes compiling medical records, internal hospital reports, and statements from other staff members regarding what occurred. Any physical evidence, screenshots, photos, or documentation you can provide will help build your defense.

Look for Proof the Medication Error Was Not Reckless

A key legal strategy will be demonstrating that while a medication mistake may have unfortunately occurred, your actions did not meet the threshold for criminal recklessness. This requires showing respect for patient safety, recognition of risks, and that you attempted to avoid errors. Evidence of double-checking doses, asking clarifying questions, and reporting immediately when discovering an issue can be pivotal.

Consider External Factors

It is also important to examine any external or institutional factors that may have contributed to the error. Was staffing inadequate that day? Were confusing or incomplete instructions provided? Were medication labels difficult to read? Any issues with procedural guidance, training, staffing levels, safety culture, or environmental conditions should be explored. This provides context regarding overall systems issues rather than just targeting the individual.

Highlight Your Background and Training

To fight the charges, your legal team can also highlight your background, years of experience, training credentials, performance evaluations, and commitment to excellence in patient care. If an error occurred, your career and reputation show consistent, high-quality care. Any awards, recognitions, or praise from patients can also humanize your work.

Negotiate a Settlement (If Appropriate)

Rather than going to trial, your attorney may be able to negotiate a favorable settlement depending on the specifics of the allegations. This could involve retraining requirements, probationary license restrictions, community service, or avoiding criminal charges in exchange for surrendering your professional license. While it can be emotionally difficult, avoiding a protracted legal battle may make practical sense in some cases.

Stay Calm and Follow Your Lawyer’s Advice

As difficult as it may be, do your best to remain calm and follow your attorney’s advice every step of the way. Refrain from posting anything related to your case on social media, and avoid speaking to investigators without your lawyer present. It is possible to successfully fight back against medication error allegations.

Contact a Chicago, IL License Defense Attorney

If you are accused of a medication mistake, contact a Chicago, IL license defense lawyer immediately. A defense tailored to the specifics of your case provides the best chance at a just outcome, allowing you to move forward professionally. With dedication and persistence, potential justice can be secured even when facing allegations of serious medical errors. Call The Law Offices of Joseph J. Bogdan, Inc. at 630-310-1267 for a free consultation.