Medication Error Lawsuit Attorneys | Seeking a Settlement for the Wrong Prescriptions

If you have been the victim of being prescribed the wrong medications, then it may be important to seek counsel from medication error lawsuit attorneys. By seeking counsel, you can find out how to obtain a settlement for being prescribed the wrong medication.

Were You Given the Wrong Medication or Injured Due to Medication Errors?

Getting the wrong medication or even the wrong dosage of the right medication can potentially lead to very serious bodily harm. If you have ever been given the wrong medication and injured due to a medication error, this is considered a serious medical malpractice.

Any medication error no matter how slight or small can cause great harm including brain damage. This can occur because the correct dosage was overlooked,  or the wrong prescription was written for whatever reason. A medical professional should always pay attention to the scripts they write for prescription drugs. When a healthcare provider sends for the prescription, they should always double check their decision before they send it off to the pharmacy.

In cases where your medical healthcare professional prescribed you the wrong medication or incorrect dosage and harm occurred, you might want to consider looking into a medical malpractice lawsuit.

Are Medication Errors Considered Medical Malpractice?

An error by a healthcare professional in administering or prescribing medication in a medical setting could be construed as medical malpractice if harm is caused to the patient. When an incorrect dose of medication is administered during a surgery or a simple hospital visit, the hospital and its professionals may be held liable for the harm caused to the patient.

According to the National Coordinating Council for Medication Error Reporting and Prevention a medication error is defined as “any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the healthcare professional, patient, or consumer”.

Not all medication errors are considered medical malpractice, however. Simple mistakes that do not cause injury or harm cannot be charged with malpractice or negligence.

Who is at fault for medication errors?

There may be a lot of different reasons why medication errors occur. It is important to consider where this error occurred in order to determine who was negligent in the matter.


The doctor is the first party generally responsible for issuing and prescribing medications according to their exams, and/or diagnosis. The doctor is responsible for taking into account the patient’s symptoms, needs, problems, health history, other prescription medications, other over the counter medications, height, and weight. This is necessary in order to determine the correct medication and dosage for that individual.

Medications work on a therapeutic level for most people and height and weight alone can change how a medication works for you versus another person. Your doctor may have miscalculated or missed a step to come to the correct prescription.

If any of these problems start with the doctor it can also trickle downhill as nurses will do as doctors prescribe and pharmacies will package drugs in accordance to the doctor’s initial prescription. Most errors, if they occur, will start here.


Nurses are commonly charged with the responsibility of administering medications to those in their care. This can be a hospital or surgery setting where medications must be given on a schedule, and the patient may not be able to care for themselves. Nursing homes are also a prime example of where this frequently occurs.

Nurses are limited to what the doctor orders, so to speak, although a lot of well-trained nurses have caught mistakes before. Other nurses who don’t do the leg work on prescription administration may not see that their patients are on other medications that may interact with what they are about to administer.

Sometimes mistakes that are made are on the nurse’s end. Perhaps the nurse miscalculates a dosage for an intravenous administration or makes changes to the dosage in the computer without consulting their supervisor or the doctor. All of these activities are only medical malpractice and negligent if harm and injury occur to the patient as a result.


The pharmacy can package the wrong medication or the wrong dosage of medication before they give you your prescription. This could lead to you harming yourself at home while taking the correct dosage according to the label. The medication inside may be mislabeled or too low or too high of a dose or may be the wrong prescription (someone else’ name and dose). This can also cause great harm and even irreparable brain damage.


If you don’t take care to read the instructions that come with your prescription and if you don’t make the appropriate phone calls to your health provider to answer questions, you may end up harming yourself. This does not fall under malpractice, however, because once a prescription goes home to you, you are under the sole power of self will to take, adjust, and get your prescriptions refilled.

A medication error medical malpractice lawsuit does not apply to situations in which you administer the wrong medication to yourself if everything else is correct. If for some reason though, your medication has been altered, changed, switched, or marked incorrectly, it is your responsibility to notify your health care professionals immediately to have the problem remedied.

Any harm that comes from a lack of communication on your part to fix the medication error does not reflect a medical malpractice. Therefore, you cannot sue your doctor or medical facility in this situation. You can only file a lawsuit if the medication you took at home was prescribed wrong, whether it be the dosage or the timing of the dosage and it causes you undue harm or injury.

What is the best way to file a medication error lawsuit?

The best way to file a medication error lawsuit is to contact your local lawyers specialized in medical malpractice lawsuits. You will first need a consultation to provide you with preemptive information and to also see if you have a case that will stand in court.

Since there are many types of ways that a medication error can happen it is important to bring with you documentation and various types of proof to your consultation. You will also need to bring your doctor’s information, location, and medical records proving that you were prescribed a medication and that it caused harm.

How do I file a wrong drug medical malpractice lawsuit?

Once you have secured a lawyer after a consultation it is important to move forward with a wrong drug medical malpractice lawsuit. It is important to file for the wrong drug medical malpractice lawsuit in a timely manner before the statute of limitations has expired.

The statute of limitations will vary depending on the kind of case you are pursuing. It is ultimately best to let your lawyer decide on which kind of settlement you are trying to obtain during and after your consultation. If you do not file before the statute of limitations has been reached then you risk losing your case completely as it will be thrown out of court as soon as it arrives.

Because situations like medical malpractice lawsuits are time sensitive, it is important to rely on a professional attorney at law to help guide you through this turbulent and fast-paced process.

If you do find a lawyer to represent you, the process will be started and you will be well on your way to getting a settlement that will provide you much needed relief with medical bills caused by a medication error medical malpractice.

We Are Here To Help You At Duffy & Duffy Law Firm

It’s tough to prove that a doctor, nurse, or pharmacist made a medication error that affected your health. You need trained and experienced experts if you are trying to prove that in court.

We’ve been assisting people as they push through and fight their way through the complex, confusing and difficult world of medical malpractice for more than 20 years. Our firm excels in many areas of the law, including medical malpractice.

We have represented communities in New York and on Long Island. Over the years, we have helped those in need and have won more than $1 billion in settlements and verdicts.

You can count on us for help.

Duffy & Duffy Has Experienced Medication Error Lawsuit Attorneys

Do you have questions about medication error malpractice? Are you not sure if you are a victim, but think that maybe you are? Would you like answers to your questions? If so, Duffy & Duffy law firm is ready to assist you. In addition to doing this many times before, we have also delivered for thousands of clients in the area.

Malpractice in medicine and pharmacy is no laughing matter. The results can be devastating, even fatal. Our pharmacy malpractice attorneys provide a free consultation and case evaluation, so you can understand your legal rights while keeping your sensitive information confidential. Contact them today for a free consultation and case evaluation.