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Serious personal injury or wrongful death due to the negligence of others.

New Survey Sheds Light on Problem of U.S. Drug Shortages

Many chemotherapy patients were warned last month that the prescription drug used for their chemotherapy treatment was in short supply. The news received national attention and sparked outrage that cancer patients would not be able to receive a drug that was necessary to their health and their life. Sadly, the U.S. drug shortage is worsening, rather than improving.

According to a recent study by Premier analysis, 90 percent of pharmacy experts surveyed responded that they've dealt with a drug shortage that may have harmed patient care. More disturbing is the recent publication of a survey by the Institute for Safe Medication Practices (ISMP) that found two deaths were directly contributed to a drug shortage.

Experts believe that there are many forces causing the U.S. drug shortage. In some situations, a particular drug is in greater demand than there is a supply for it. In other cases, a drug recall may only leave one treatment option on the market, leading to a spike in demand for another drug. Manufacturing difficulties and natural disasters, including the recent spate of tornadoes in the southern U.S., also directly contribute to drug shortages.

How Does the Drug Shortage Harm Patients?

Patients are often directly harmed by the U.S. drug shortage. In many cases, when a doctor or medical professional is unable to gain access to a drug required for treatment, the doctor will rely on an alternative drug. The patient may experience an adverse reaction to the new drug or may not respond as well to it.

In other cases, doctors may make terrible prescription errors when they are prescribing an alternative treatment. Mixing incompatible drugs or prescribing incorrect alternative drugs are both examples of how the U.S. drug shortage harms patients. An overdosing error killed a 16-year-old last July when the prescribed drug was no longer available in an emergency room and an alternative drug was incorrectly used.

For other patients, the unavailability of a drug means that they will not receive any treatment. One doctor acknowledged the harm caused by the drug shortage with a comment to the ISMP survey. "What do I tell our breast and lymphoma patients? You have a curable disease, but not anymore because there is no drug available?" he wrote.

And while the U.S. Food and Drug Administration compiles lists to evaluate and monitor drug shortages, the federal agency has no power to compel a manufacturer to increase production of a particular drug. The FDA also has no control over a drug manufacturer's business decisions to halt production of a drug.

Patients Harmed by Drug Shortages Have Legal Rights

The result of the drug shortage is that patients are suffering. Even though the issue of drug shortage is gaining nationwide attention, the patients harmed by prescription errors and medical malpractice errors feel it's not enough to undo the harm caused.

If you believe you have been harmed by a medication error, contact an experienced medical malpractice attorney who can help evaluate whether a drug shortage contributed to your injury.

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