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When you are under medical care, you trust that the medication you receive will help, not harm. A medication error can shatter that trust, turning a path to recovery into one of injury, illness, or worse. These mistakes are a dangerous and common form of medical negligence.
If you or a loved one suffered harm after being given the wrong medication or the wrong dose, you may have the right to file a medical malpractice lawsuit. The experienced lawyers at Shelsby & Leoni can help you understand your rights and fight for the justice you deserve.
What Is a Medication Error?
A medication error is any preventable mistake in the prescribing, dispensing, or administration of a drug that leads to patient harm. These errors can happen at multiple points in the healthcare chain.
| Type of Error | Common Examples |
| Prescription Errors | A doctor prescribes the wrong drug, the wrong dosage, or a medication that dangerously interacts with another drug the patient is taking. This also includes failing to check for patient allergies. |
| Administration Errors | A nurse or hospital staff member gives the medication via the wrong route (e.g., orally instead of intravenously), administers the wrong dose, or gives the drug to the wrong patient. |
| Dispensing Errors | A pharmacist fills a prescription with the incorrect medication (often due to look-alike drug names), the wrong strength, or incorrect instructions on the label. |
| Documentation Errors | Failing to properly record a dose that was given, which can lead to a patient being medicated twice and suffering a potential overdose. |
Steps to Take After a Medication Error
If you suspect you have been given the wrong medicine, your health and your legal rights depend on the actions you take next.
- Seek Immediate Medical Attention. Your first priority is your health. Go to an emergency room or see another doctor immediately. Explain what happened, including the name of the drug you were supposed to get, the drug you actually received, and the dosage. This will help them counteract any adverse effects.
- Preserve All Evidence. Do not throw anything away. Keep the prescription bottle, all packaging, the receipt from the pharmacy, and any written instructions you were given. This physical evidence is vital for your case.
- Document Your Injuries. Keep a detailed journal of your symptoms and how you feel each day. Take clear photos of any visible reactions, such as rashes, swelling, or other physical changes.
- Report the Error. File a formal report with the hospital or clinic where the error occurred. You can also report the mistake to the Institute for Safe Medication Practices (ISMP). This creates an official record of the incident.
Proving Your Case: Who Is Liable for a Medication Injury?
Determining who is at fault for a medication error is complex, as multiple parties could be responsible. Liability can fall on:
- The Prescribing Doctor: If they prescribed the wrong drug or failed to review your medical history for allergies or dangerous drug interactions.
- The Hospital or Clinic: The facility can be held liable for the negligence of its employees (like nurses) or for systemic failures in its medication protocols.
- The Administering Nurse: If they failed to verify the patient’s identity, gave the wrong dose, or administered the drug incorrectly.
- The Dispensing Pharmacist: If they filled the prescription incorrectly or failed to provide proper instructions.
An experienced medical malpractice lawyer will investigate every step of the process to identify all negligent parties and hold them accountable.
What Compensation Can You Sue For?
In a successful medical malpractice lawsuit, you can recover damages for all the losses you suffered due to the medication error. This includes:
- Economic Damages: To cover all past and future medical bills, lost income from being unable to work, and any loss of future earning capacity.
- Non-Economic Damages: To compensate you for physical pain, emotional distress, mental anguish, and loss of enjoyment of life.
- Wrongful Death Damages: If the medication error tragically resulted in the death of a loved one, the family can sue for funeral expenses, loss of companionship, and lost financial support.
How a Medication Error Lawyer Can Help You Win
Facing off against a hospital and its insurance company is not a battle you should fight alone. A skilled medical malpractice lawyer is your most powerful advocate.
We will:
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Launch a thorough investigation by gathering medical records and expert testimony to build a powerful case that proves negligence.
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Negotiate directly with insurance companies to handle all communications and tirelessly pursue a full settlement that covers all your losses.
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Take your case to court if the insurance company refuses to be fair, presenting your story to a judge and jury to win the compensation you deserve.
Contact Our Medication Error Lawyers Today
When the healthcare system fails you, we are here to help you rebuild. Shelsby & Leoni offers the dedicated guidance and trial-tested advocacy required to win your case. We stand by your side from the first consultation until you receive the compensation you deserve.
Contact us here to book a free, no-obligation consultation with one of our experienced attorneys.
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