What is a medication error malpractice claim?
A medication error malpractice claim asks whether a provider failed to safely prescribe, dispense, administer or monitor a medication and whether that mistake caused avoidable injury.
Quick answer
A medication error may support a malpractice claim when the wrong drug, wrong dose, missed allergy, dangerous interaction or failure to monitor caused a patient to suffer serious harm.
Common medication and dosing mistakes
- Wrong medication or wrong patient
- Overdose, underdose or missed dose
- Ignored allergy, contraindication or dangerous interaction
- Pharmacy mix-up involving similar drug names or packaging
- Nursing administration error in a hospital or care facility
- Failure to monitor for adverse reactions after a new drug is given
Where medication errors can happen
Medication mistakes can occur during prescribing, pharmacy fulfillment, hospital administration, discharge planning, long-term care, anesthesia, IV medication delivery or follow-up monitoring. Multiple providers may be involved in the same error.
Evidence that can support a medication error claim
Important evidence may include medication orders, pharmacy records, medication administration records, allergy lists, lab results, nursing notes, hospital protocols, electronic warnings and expert review of what should have been done differently.
Frequently asked questions about medication error claims
What injuries can medication errors cause?
Medication mistakes can cause allergic reactions, organ damage, overdose injuries, uncontrolled symptoms, dangerous side effects, hospitalization, disability or death.
Can a pharmacy be responsible?
Yes. Depending on the facts, a claim may involve a pharmacist, prescribing doctor, nurse, hospital, care facility or multiple providers involved in the medication process.
What should patients save after a medication mistake?
Save the medication container, discharge papers, pharmacy paperwork, prescription instructions, photos, portal messages and a written timeline of symptoms and provider communications.
Is a side effect the same as malpractice?
No. A known side effect is not automatically malpractice. The legal issue is whether a preventable error or failure to warn, monitor or respond caused harm.
Speak with a Pittsburgh medication error attorney
Call 412-546-5220 to request a free consultation with Phillips Froetschel, LLC.
