Medication Error Claims in the US

Where the Error Happened

A prescribing error, such as the wrong drug, an excessive dose or ignoring a documented allergy, is typically a doctor or nurse practitioner's responsibility. A dispensing error, such as a wrong strength or mislabelled bottle, involves the pharmacy. An administration error, such as giving a medication to the wrong patient or at the wrong time, is generally a hospital or care facility issue. Failure to monitor high-risk drugs can also be a basis for a claim.

Proving a Claim

Direct Answer: You must show the professional or facility failed to meet the standard of care, that this caused a specific injury, and, in most states, support the claim with a qualified expert.

Keep the medication packaging and labels, photograph them, and get copies of prescriptions, pharmacy records and medical records. A pharmacist or physician expert typically reviews the records.

Drug Manufacturers

If the problem was the drug itself, rather than a mistake in its use, a product liability claim against the manufacturer may lie, for example for a defective design or inadequate warnings. Mass tort litigation has arisen from several drugs, so this is a distinct route from an individual malpractice claim.