Errors in Medication Administration: Rights and Legal Options in Spain
What are errors in medication administration?
Errors in medication administration involve any failure in the chain of prescription, preparation, dispensing, or administering drugs to a patient, potentially causing anything from treatment inefficacy to severe injury or patient death.
Common examples include:
- Administering the wrong drug or to the wrong patient.
- Incorrect dosage (higher or lower than prescribed).
- Wrong administration route (oral/intravenous/IM/etc.).
- Omission of information about allergies or drug interactions.
- Lack of control over the drug's expiration or integrity.
Patient rights in medication administration
In the Spanish healthcare environment, patient safety is a priority and regulated by the General Health Law, the Patient Autonomy Law, and specific regulations on good medical practices.
Protocol: The five (or six/seven) “rights” of medication administration
To reduce medication administration errors, healthcare staff must adhere to the well-known “five rights” protocol, which includes:
1. Right patient: Always confirm patient identity.
2. Right medication: Verify the exact name and nature of the drug.
3. Right dose: Check and calculate the dose as prescribed by the doctor.
4. Right route: Ensure administration via the appropriate route.
5. Right time: Administer the drug at the indicated time and frequency.
Some institutions add the “sixth” and “seventh right”:
- Right reason and Right documentation (properly recording the administration and the reason for the prescription).
Following these steps is crucial, and omission can be grounds for legal claims.
Main legal consequences: Spanish jurisprudence and medical liability
In Spain, courts have resolved numerous cases of negligence and malpractice due to medication administration errors:
- Patrimonial liability of the Administration: If the error occurs in public healthcare and a causal relationship between the damage and malpractice is proven, compensation is generally recognized for the patient.
- Professional civil liability: In private healthcare, or if the damage clearly results from negligent action, the insurance policy of the center or professional may be activated.
- Criminal liability: In extreme cases (serious injury or death due to professional negligence), a criminal judicial process may be initiated.
Rulings usually study whether protocols were respected, the lex artis was followed, and if the action was avoidable.
Procedure: How to claim for a medication error?
1. Evidence collection: Keep medical reports, prescriptions, statements, emergency reports, and any relevant documents.
2. Claim before the corresponding center or Health Service: File a complaint or initiate a patrimonial liability file.
3. Consult a specialist lawyer: Allows evaluating whether to request compensation via administrative, civil, or criminal proceedings.
4. Inform health authorities: It may be useful to trigger an inspection and prevent future errors.
Recommendations to avoid medication errors
- Patients: Be proactive in self-care, always ask what is being administered, communicate allergies, and follow the prescribed treatment.
- Professionals: Comply with the five rights protocol, maintain training, and a rigorous record of administered medication.
Conclusion
Errors in medication administration not only pose a health risk but also represent a real legal and ethical challenge for the healthcare system. Knowing how to act, understanding your rights, and having the support of specialized professionals makes the difference to ensure maximum safety and, in case of damage, obtain fair compensation.
Have you been affected by a medication error? Defend your rights and consult with expert medical negligence lawyers in Spain.