Talk to a Lawyer About a Medication Error Lawsuit
Incorrectly filled prescription lawsuits and medication error lawsuits refer to medical malpractice claims brought against doctors and/or pharmacies when the medication they prescribe is incorrect or 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 you or a loved one was injured because of 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 treating injured patients. Thus, a pharmacy prescription error should never happen.
A pharmacy prescription error can occur in many ways, but it often stems from pharmacist negligence. 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 a doctor prescribes one medication but the pharmacist misreads it or mislabels someone else’s prescription as yours, that 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 the doctor or their staff making a typographical error. This may come from the prescribing doctor’s failure to fully evaluate the patient’s medical history or from simple neglect in filling out the prescription and/or attaching it to the file. It may also come from failing to check the patient’s allergy history. It may also come from the doctor or her staff being too busy to record the correct information and send it to the right place. Regardless of the cause, it is a potentially fatal mistake.
Bad Reactions to Medications vs Medication Errors
A bad reaction to a prescription medication would not necessarily be a pharmaceutical error. This can happen because of allergies or known side effects and risks associated with certain medications. Depending on your situation, this may or may not form the basis of a medical malpractice claim against the prescribing doctor and/or a product liability claim against the manufacturer. Consulting an experienced attorney can make the complexity of this kind of medical malpractice easier to navigate. You can also consult our pharmaceutical product liability page for a list of known pharmaceuticals for which claims are currently being filed.
A patient injured by a prescription error may have more than one claim. Consulting an experienced medical malpractice lawyer can help you decide which option is best 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 often than they should, so always make sure you understand what medications you’re taking and why. Don’t hesitate to ask your doctor or pharmacist any questions that come up during the prescription process.
Injuries Caused by Prescription and Medication Errors
Doctors and medical providers use prescription medications 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 prevent the body from forming 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 firm has served personal injury victims since 1979. Call (713) 932-0777 for more information. Our consultations are always free, and we charge no attorney fees or expenses unless we recover money for you.
FAQ's
What should I do if I think my pharmacy gave me the wrong medication?
Stop taking the medication and seek medical advice immediately. Don’t throw away or return the pills. Keep the bottle, label, packaging, receipt, and any printed drug information, and take photos of everything. Write down when you picked up the prescription, who you spoke with, and how many doses you took. This evidence is often the most important part of a medication error claim, so preserve it before speaking with the pharmacy or its insurer.
How long do I have to file a wrong prescription lawsuit in Texas?
In most cases, Texas gives you two years from the date of the error to file a medical negligence claim against a doctor or pharmacy. However, evidence can disappear fast in these cases, and there are traps and pitfalls for those who wait in medical malpractice cases in Texas. Thus, you should consult a lawyer immediately.
Can I sue if I took the wrong medication but wasn’t seriously hurt?
A lawsuit generally requires actual harm, not just a mistake. If the error was caught quickly and you had no symptoms, treatment, or lasting effects, there may not be a viable claim.
What if a nurse gave me the wrong medication in a hospital?
Medication errors don’t only happen at retail pharmacies. In hospitals and nursing facilities, mistakes can occur when a nurse gives a drug to the wrong patient, administers the wrong dose, or misses a documented allergy. In these cases, the hospital or facility may be responsible for its employees’ errors, along with any staff or systems that contributed to the mistake. Your medical chart and medication administration records are key evidence, and an attorney can request them on your behalf.
