What are my Legal Options After a Medication Error or Incorrect Prescription?

Incorrect Perscription

Medication errors are one of the most preventable yet potentially life-threatening mistakes in healthcare. These errors can occur at any stage of the prescribing, dispensing, or administering process, leading to severe consequences for patients. From incorrect prescriptions to dosage miscalculations, the consequences of medication errors can be catastrophic, resulting in prolonged illness, severe injury, or even death.

If you or a loved one has suffered due to a medication error, it is critical to understand your rights and legal options. At The Bill Connor Law Firm, we can help with medical malpractice cases, helping to ensure that victims receive the justice and compensation they deserve.

What Are Medication Errors?

A medication error is any preventable event that may cause or lead to inappropriate medication use or patient harm. These errors can happen at any stage of the medication process, including:

  • Prescribing errors – A doctor prescribes the wrong medication or dosage.
  • Dispensing errors – A pharmacist provides the incorrect medication.
  • Administration errors – A nurse or caregiver gives the wrong dosage or the wrong drug.
  • Monitoring errors – Failing to observe the patient for adverse reactions or drug interactions.

Common Causes of Medication Errors

  • Illegible handwriting – Many medication errors arise due to unclear prescriptions.
  • Similar drug names – Medications with similar names can easily be confused.
  • Lack of communication – Poor communication between healthcare providers leads to mistakes.
  • Overworked medical staff – Fatigue and stress can contribute to human error.
  • Failure to check patient history – Allergies and pre-existing conditions may not be considered.

The Consequences of Medication Errors

The effects of medication errors range from mild side effects to life-threatening conditions. Some of the most severe consequences include:

Medication Errors
  1. Allergic Reactions

If a patient is allergic to a prescribed drug and the doctor fails to check their medical history, it can result in anaphylaxis, a life-threatening allergic reaction.

  1. Overdose and Toxicity

Receiving too much of a drug can lead to poisoning, organ failure, or even death. Certain medications, like opioids, insulin, and blood thinners, have a very narrow margin for error.

  1. Underdosing and Ineffectiveness

If a patient receives too little of a required medication, their condition may worsen due to inadequate treatment.

  1. Drug Interactions

Some medications should not be taken together due to dangerous interactions. Failing to recognize these risks can lead to severe health complications.

  1. Long-Term Complications

A single medication error can lead to lasting health issues, including kidney failure, neurological damage, and even permanent disability.

Who Is Responsible for Medication Errors?

When a medication error occurs, determining liability is crucial. Various parties can be held responsible, including:

  1. Doctors and Prescribing Physicians

A doctor may be responsible if they prescribe the wrong medication, fail to consider drug interactions, or misdiagnose a patient.

  1. Pharmacists

Pharmacists are responsible for dispensing the correct medication in the appropriate dosage. Misreading a prescription or confusing medications with similar names can have dire consequences.

  1. Nurses and Caregivers

Nurses and caregivers administering medication must follow dosage instructions precisely. Administering the wrong amount or giving the wrong medication can lead to severe harm.

  1. Hospitals and Medical Facilities

If a hospital fails to implement proper medication safety protocols, it can be held liable for errors made by its staff.

  1. Drug Manufacturers

In some cases, pharmaceutical companies may be responsible if a medication is mislabeled, contains incorrect dosage instructions, or has undisclosed dangerous side effects.

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Legal Rights of Victims of Medication Errors

If you or a loved one has suffered due to a medication error, you may have legal recourse. Medical malpractice lawsuits allow victims to seek compensation for damages, including:

  • Medical expenses – Costs of additional treatment, hospital stays, or surgeries resulting from the error.
  • Lost wages – Compensation for missed work due to injury or illness.
  • Pain and suffering – Compensation for physical pain, emotional distress, and reduced quality of life.
  • Wrongful death claims – If a medication error results in death, the victim’s family may pursue a wrongful death lawsuit.

How to Prove Medical Malpractice

To win a medical malpractice case, you must demonstrate:

  1. Duty of Care – The healthcare provider had a responsibility to provide competent medical care.
  2. Breach of Duty – The provider failed to meet the standard of care by making a medication error.
  3. Causation – The medication error directly caused injury or harm.
  4. Damages – The victim suffered measurable harm, such as additional medical costs, lost income, or pain and suffering.

Preventing Medication Errors – What You Can Do

While healthcare providers have a responsibility to prevent medication errors, patients can also take steps to protect themselves:

1. Ask Questions

Always ask your doctor or pharmacist about new medications, including:

  • What is this medication for?
  • What is the correct dosage?
  • What are the possible side effects?
  •  Are there any drug interactions I should be aware of?

2. Keep a Medication List

Maintain a list of all prescriptions, over-the-counter medications, and supplements you take to help healthcare providers avoid dangerous interactions.

3. Double-Check Prescriptions 

Before leaving the pharmacy, verify that the medication name and dosage match what your doctor prescribed.

4. Use One Pharmacy

Filling all prescriptions at the same pharmacy ensures that your pharmacist has a complete record of your medications and can catch potential interactions.

5. Report Any Issues Immediately

If you notice unexpected side effects or feel that a medication is not working correctly, contact your doctor or pharmacist right away.

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Conclusion: Protecting Yourself and Seeking Justice

Medication errors are a serious yet preventable issue in healthcare. If you or a loved one has been harmed due to a prescription or dosage mistake, you have the right to pursue legal action. The Bill Connor Law Firm can assist with medical malpractice cases, helping victims secure the compensation they deserve.

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Call today to schedule a consultation. Let us fight for your rights and hold negligent healthcare providers accountable.

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Attorney Bill Connor Owner
William M. Connor V stands as a paragon of legal excellence and dedicated service. His background blends an impressive legal career with a distinguished military background to the rank of Colonel (with a career spanning various commands, including as senior US advisor to Helmand Province, Afghanistan). Bill was a runoff candidate for Lt. Governor of South Carolina in 2010, and in 2021 received the state’s highest award from SC Governor McMaster, the Order of the Palmetto. After only six years of legal practice (which included time deployed to combat), Bill was recognized by his peers as having the highest possible ranking ethical standards and competency, earning him the prestigious AV® Preeminent™ Peer Review Rating by Martindale- Hubbell®. In 2021, Bill was elected by fellow Citadel Alumni to serve on the prestigious Citadel Board of Visitors. Bill has attained several seven figure resolutions for clients, including a multi- million dollar settlement in 2023 and over a million dollar resolution in 2024