Trial Attorney Blog
Medicine is meant to heal and improve lives, but when mistakes occur, especially with prescriptions, the consequences can be severe.
Every year, an estimated 7,000 to 9,000 people in the United States die due to medication-related errors, making these mistakes the third leading cause of death after heart disease and cancer.
Many more suffer from unreported complications, particularly those with chronic illnesses who are at greater risk.
These prescription errors often result from negligence by doctors, nurses, pharmacists, pharmaceutical companies, or medical facilities.
In such cases, medical malpractice lawyers play a crucial role in helping affected individuals seek justice and compensation for the harm they’ve endured.
What Are Prescription Errors?
The National Coordinating Council for Medication Error Reporting and Prevention (NCCMERP) defines a medication error as any avoidable incident that could result in improper medication use or harm to a patient when the drug is being handled by a customer, patient, or healthcare professional.
These errors are also sometimes called dispensing or pharmaceutical errors.
Some common types of prescription-related errors include:
- Prescribing or administering the wrong medication
- Giving the incorrect dosage of a drug
- Failing to provide the necessary amount of medication
- Delivering medication to the wrong individual
- Causing allergic or harmful reactions due to medication
- Giving medication to a patient who has a known allergy
- Providing incorrectly labeled medications
- Not adequately informing or educating the patient about the medication
- Overlooking potential drug interactions
- Malfunctions or issues with medical equipment
How Do Prescription Errors Happen?
Prescription errors often stem from a combination of human, technical, and systemic failures.
Recent research highlights several frequent causes of medication errors, including:
- Miscommunication during the transmission of medication orders
- Handwriting that is unclear or difficult to read
- Incorrect drug selection from digital drop-down menus
- Mix-ups between drugs with similar names
- Packaging that looks too similar across different medications
- Mistakes related to dosing units or patient weight
- Human oversight or inattention
- Ineffective systems lacking proper verification steps
These factors collectively contribute to the risk of errors in prescribing, underscoring the need for more robust safety protocols and cross-check mechanisms.
What Can Happen When Prescription Errors Occur?
Prescription errors can lead to many problems. Sometimes the consequences might permanently alter a person’s life.
Let’s look at some of the serious consequences:
Allergic Reactions: Some people are allergic to certain medicines. If they are given the wrong one, it can cause itching, swelling, trouble breathing, or even death.
Organ Damage: Wrong medicines or too much of a drug can harm important body parts like the liver, kidneys, or heart. Sometimes the damage is so bad that it cannot be fixed.
Mental Health Problems: Some mistakes with medicines can lead to confusion, anxiety, or even long-term brain damage. Children and older people are more at risk.
Disability: In very serious cases, prescription errors can lead to permanent disabilities. For example, giving the wrong medicine to a pregnant woman can harm her baby.
Death: Sadly, some people lose their lives due to prescription errors. According to health experts, thousands of people die every year because of these preventable mistakes.
How Do Medical Malpractice Lawyers Help You?
Let’s look at all the ways these lawyers help victims of prescription mistakes.
Listening to the Victim’s Story
A medical malpractice attorney starts by listening.
They talk to the patient or their family and ask them to explain what happened.
- What medicine was given?
- Who gave the medicine?
- What happened after the medicine was taken?
The lawyer writes everything down carefully.
Collecting Important Papers
Next, the lawyer collects all the medical records, prescriptions, and doctor’s notes. These papers are important because they show what medicine was given and what went wrong.
The lawyer may also look at:
- Pharmacy records
- Doctor’s prescriptions
- Test results
- Hospital notes
These records help the lawyer understand the full picture.
Working With Medical Experts
Sometimes, the lawyer talks to a medical expert. This is another doctor or pharmacist who can read the records and say whether a mistake really happened.
The expert might say:
- “Yes, this medicine was not right for the patient.”
- “The doctor should not have given this drug.”
- “The patient was harmed because of the mistake.”
This expert’s opinion is very important in a legal case.
Finding Out Who Made the Mistake
Prescription mistakes can happen for different reasons. The lawyer tries to find out who was responsible. It could be:
- The doctor, who wrote the wrong prescription
- The nurse, who gave the wrong dose
- The pharmacist, who gave the wrong medicine
- The hospital, which didn’t follow safety rules
Once the lawyer knows who made the mistake, they prepare to build a case.
Filing a Legal Case
After gathering all the information, the lawyer files a lawsuit. A lawsuit is a legal way to tell the court, “Something went wrong, and this person was hurt.”
The lawyer writes a complaint, which says:
- What happened
- How the patient was harmed
- Who made the mistake
- What the patient wants (like money to pay for medical bills or pain)
Talking to the Other Side
After the case is filed, the attorney frequently consults with the attorneys for the hospital or doctor.
This is called a settlement discussion. Sometimes both sides agree to a solution without going to court.
If they agree, the patient may get money to help with:
- Medical bills
- Pain and suffering
- Missed work or school
- Long-term care if needed
Going to Court if Needed
If the doctor or hospital does not agree to a settlement, the case goes to court.
The lawyer speaks for the patient and shows all the proof.
They explain how the prescription mistake happened and how it hurt the patient.
The court then decides who was at fault and how much money the patient should get.
Why Are These Lawyers Important?
Medical malpractice lawyers are important because they help make things right. Here’s why they matter:
✅ They Help Victims Get Justice
When someone is hurt by a mistake, they deserve help. Lawyers help patients get money to cover the costs of being sick because of the mistake.
✅ They Make Hospitals More Careful
When hospitals and doctors know they can be taken to court, they try harder not to make mistakes. This helps keep all patients safer.
✅ They Help Families Heal
Getting help from a lawyer can reduce stress for the family. They don’t have to fight alone. The lawyer stands by their side.
Who Is Most at Risk?
Some people are more likely to be affected by prescription errors:
- Children: Their small size means even a little mistake in dosage can hurt them.
- Older adults: They often take many different medicines and are more likely to have side effects.
- Pregnant women: Some medicines can harm the baby inside.
- People with many health problems: Their bodies are more sensitive to medication changes.
What Happens If Someone Doesn’t Have a Lawyer?
If a person doesn’t have a medical malpractice lawyer, they might not know how to get justice.
The hospital or doctor might not take their complaint seriously.
Without help, it’s hard to prove that a mistake happened.
That’s why having a good lawyer can make a big difference.
If you are facing the tragic loss of a loved one due to a prescription error claim, don’t navigate this difficult process alone.
Prescription errors can have devastating consequences, and securing justice is essential to protect your family’s future.
Schedule a consultation with a professional lawyer to explore your legal options and receive compassionate guidance during this challenging time.
Discover why Finch McCranie LLP has been a trusted name in Georgia trial law since 1965.
Founded by legal legends Baxter Finch and Claude Ross, our firm has built a reputation through relentless advocacy and landmark personal injury verdicts.
If you are seeking seasoned trial attorneys with a proven track record, contact Finch McCranie LLP today.
Conclusion
Prescription errors can be really scary because they affect our health and sometimes change lives in ways we never expected.
But the good news is these errors don’t have to happen if everyone — doctors, nurses, pharmacists, and even patients themselves — works together and stays careful.
If you or a loved one has been hurt by a prescription error, it’s important to know you’re not alone. Medical malpractice lawyers can be a strong ally in helping you find answers, justice, and support through the tough times.
At the end of the day, it’s about protecting your health and making sure mistakes like these don’t happen again.
Frequently Asked Questions (FAQs)
What should I do if I think I was given the wrong medication?
If you suspect a mistake, don’t ignore it. Talk to your doctor or pharmacist right away. Keep a record of what happened, including any symptoms you experience, and consider consulting a medical malpractice lawyer if the error caused harm.
Can prescription errors happen even with modern technology like e-prescriptions?
Yes, technology helps reduce mistakes but can’t completely prevent them. Errors can still happen from selecting the wrong drug from a computer list or misreading electronic orders. That’s why careful double-checking is so important.
How can patients help prevent prescription mistakes?
You’re a key part of the safety team! Always ask questions about your medications — why you need them, how to take them, and what side effects to watch for. Don’t be shy about speaking up if something seems off.
Why is it so hard to prove a prescription error legally?
Medical cases can be complicated because you need clear proof that a mistake was made and that it caused harm. That’s why lawyers often bring in medical experts to review your case and explain it clearly to the court.
What kind of compensation can I get if a prescription error hurts me?
If your case succeeds, compensation might cover medical bills, lost wages, pain and suffering, and sometimes long-term care costs. Every case is different, so it’s best to talk to a lawyer who can explain what to expect based on your situation.