skip to content

Houston Wrong Medication & Prescription Lawyer

Talk to a Lawyer About a Medication Error Lawsuit

pharmacist scanning medicationIncorrectly filled prescription lawsuits and medication error lawsuits refer to medical malpractice claims brought against doctors and/or pharmacies when the medication they prescribe you is either not correct or is not filled correctly.  There are generally five ways these types of claims may arise:

  • the doctor prescribes the wrong medication for your illness or condition;
  • the doctor prescribes the correct medicine in an incorrect strength, dosage, or duration of treatment;
  • the pharmacy fills the wrong prescription or gives the prescription to the wrong patient, and;
  • the pharmacy fills the prescription with the correct medicine but uses the wrong dose, quantity, or drug mixture;
  • the pharmacy provides the correct medicine but incorrect instructions on how to use it.

Any of these can result in serious harm or death to the unsuspecting patient. If you suspect that you or a loved one was injured due to a medical prescription error, you may have a malpractice claim against the prescribing doctor or pharmacy and you should consult a medical prescription error attorney to discuss your options.   Contact us today to learn more about how we can help you: (713) 932-0777.

When the Pharmacy Makes a Prescription Error

For most people, pharmacies are the last stop on the road to recovery; however, sometimes a pharmacy can be where an injury originates when the pharmacy fills the wrong prescription or provides the wrong dose. From prescribing to dispensing medications, doctors and pharmacists are held to the highest standard when it comes to treating injured patients. Thus, a pharmacy prescription error simply should not ever happen.

A pharmacy prescription error can occur in many ways, but it occurs due to the pharmacist being negligent. From the time the medication is picked out to the time the medication is dispensed, any negligence during this process may be considered a pharmaceutical error. So, if the doctor prescribes one medication, but the pharmacist misreads it or mislabels someone else’s prescription as yours, this is a pharmacy prescription error.

When the Doctor Makes a Wrong Prescription Error

Wrong prescription errors by prescribing doctors involve the prescribing doctor making the wrong decision and/or him or his staff making a typographical error. This may come from the prescribing doctor’s failure to fully evaluate their patient’s medical history or simple neglect on the doctor’s part in filling out the prescription and/or attaching it to the file. It may come from a failure to check the allergy history of the patient. It may also come from the doctor or her staff simply being too busy to put the correct information down and send it to the correct place.  Regardless of why it is a potentially fatal mistake that cannot be made.

Bad Reactions to Medications vs Medication Errors

A bad reaction to a prescription medication would not necessarily be a pharmaceutical error. This can happen due to allergies or even due to known side effects and risks associated with certain medications. Depending upon your situation, this may or may not be the basis of a medical malpractice claim against the prescribing doctor and/or the basis of a product liability claim against the manufacturer. The complexity associated with this kind of medical malpractice can be made easier by consulting an experienced attorney. You can also consult our pharmaceutical product liability page for a list of known pharmaceuticals for which claims are currently being filed.

A patient who suffers an injury due to a prescription error may have more than one claim. Consulting an experienced medical malpractice lawyer can help you decide what option is most ideal for you.

What Types of Pharmacy Medication Prescription Errors May Give Rise to a Lawsuit?

Errors made when filling prescriptions can cause serious injury or death. The most common pharmacy prescription errors that give rise to a lawsuit include:

  • Incorrectly filling the prescription
  • Failure to warn a patient of side-effects
  • Mislabeling medication, and;
  • Providing the wrong dosage.

These mistakes happen more frequently than they should, so always make sure you understand what medications you’re taking and why you’re taking them. Do not be afraid to ask your doctor or pharmacist any questions that may come up throughout the prescription process.

Injuries Caused by Prescription and Medication Errors

Prescription medications are used by doctors and medical providers to properly treat infected individuals. Ranging from minor illnesses to life-threatening conditions, when a pharmaceutical technician acts negligently with regard to a prescription, a patient’s life may be forever changed. Common injuries caused by pharmaceutical errors include:

  • Allergic reactions. These can range from mild reactions to severe. A mild reaction may result in hives, or a rash while severe reactions might include shortness of breath, toxic reactions, or even death.
  • Overdose. Certain drugs can have a toxic effect if consumed by the wrong person or in the wrong amount.
  • Exsanguination. Prescription blood thinners can result in the inability of the body to produce blood clots when an otherwise minor cut occurs.
  • Internal organ damage. Some drugs can permanently harm the liver, kidneys, or stomach lining.

Always make sure you understand how the medicines you are prescribed will affect your body. Do not be afraid to as questions and be sure to provide your doctor with a full background of your medical history before being prescribed medication.

Attorneys for Wrong Drug Prescription Errors

If you or someone you love was provided the wrong prescription drug, contact Simmons and Fletcher, P.C., today. Our defective prescription attorneys are here to help. The law firm has been serving personal injury victims since 1979. Call (713) 932-0777 for more information. Our consultations are always free and we charge you no attorney fees and no attorney expenses unless we make a recovery for you.



If you have a personal injury case and would like to know whether it is something that our law firm can help you with, please fill out the form to the right and submit your information or pick up the phone and call us between 8:30 AM and 4:00 PM on Monday through Thursday and 8:30 AM  and 5:00 PM on Friday and out intake team can go help evaluate your case and determine who the best person is for you to talk to about your case. Consultations are 100% free and you have no obligation to hire us.


Simmons and Fletcher, P.C., rooted in Christian values, exclusively handles personal injury cases, advocating for the rights of accident and negligence victims. Our Houston-based team, dedicated to compassion and excellence, handles cases across car accidents, motorcycle accidents, truck accidents, slip and falls, dog bites, and other types of cases with a commitment to personalized care. Upholding integrity and client-focused service, we strive for impactful legal outcomes. For a detailed understanding of our approach and team, visit our attorneys page.

Contact us for a free case assessment.