NATIONALLY RESPECTED PERSONAL INJURY ATTORNEYS

“We treat everybody like family.”

– Robert L. Sachs, Jr.

Managing Partner

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$8.75 Million
BIRTH TRAUMA
$8 Million
FAILURE TO DIAGNOSE
$6.5 Million
MEDICAL MALPRACTICE
$5.4 Million
TRUCK WRECK
$4 Million
BIRTH INJURY
$3.3 Million
BIRTH TRAUMA
$2.9 Million
DEFECTIVE PRODUCT

Who Is Responsible for Medication Errors?

Medication errors are among the most common errors made in the healthcare industry, affecting millions of patients each year. Mistakes can range from prescribing the wrong drug to administering an incorrect dosage.

While some mistakes cause minor side effects, others result in serious harm or even death. When a medication error happens, determining who’s responsible can be a complicated process.

Multiple parties may be involved, including doctors, pharmacists, nurses, and drug manufacturers, and knowing who’s liable in these cases is essential for preventing future errors and seeking legal recourse when necessary.

The Role of Doctors in Medication Errors

Doctors have a critical role when it comes to prescribing medications to patients. If they make a mistake, people can suffer.

Some common prescribing errors include:

  • Choosing the wrong medication for a patient’s condition
  • Prescribing a drug that interacts dangerously with other medications
  • Failing to check a patient’s allergies before they prescribe a drug
  • Miscalculating the correct dosage amount

Doctors are expected to follow proper protocols when prescribing medication. If a physician makes a careless mistake, they may be held legally responsible for their medical malpractice and any harm caused.

However, some errors occur due to miscommunication or incomplete patient records, making liability even more complicated.

Pharmacists’ Responsibility in Medication Errors

Pharmacists are the professionals responsible for accurately filling our prescriptions and making sure that we get the correct medication and the right dosage.

Some of the common errors made by pharmacists include:

  • Dispensing the wrong drug due to a mix-up with similar-sounding medication names
  • Errors in dosage instructions
  • Failing to correctly evaluate possible drug interactions
  • Misreading a doctor’s handwriting and filling the wrong prescription

In many cases, pharmacists serve as a safety net, catching mistakes before they reach the patient. However, if a pharmacist fails to notice an obvious error or makes a mistake while dispensing medication, they can be held accountable for any resulting harm.

Nurses and Administrator Errors

Nurses are responsible for administering medications in hospitals, nursing homes, and clinics. Errors in this stage of treatment can include:

  • Giving the wrong dose
  • Administering medication at the wrong time
  • Injecting the drug incorrectly (such as giving it intravenously instead of intramuscularly)
  • Mixing up medications intended for different patients

Because nurses are often responsible for multiple patients at once, distractions and understaffing can lead to errors. Hospitals and healthcare facilities can also share responsibility if poor training, staff shortages, or high workloads contribute to medication mistakes.

Hospitals and Healthcare Facilities

A hospital or healthcare facility sometimes bears the responsibility for medication errors, which can happen when:

  • Staff are overworked and make mistakes due to exhaustion
  • Electronic medical records contain incorrect or missing information
  • Policies for double-checking medications are not enforced
  • Medication storage systems lead to confusion or mix-ups

Hospitals and nursing homes must ensure that their staff follows safe medication practices. If they fail to do so, they may be held liable for errors that harm patients.

Drug Manufacturers

Not all medication errors occur due to human mistakes. Sometimes, the drug itself is the problem.

Pharmaceutical companies can also be liable for errors if they:

  • Manufacture a drug that’s defective and causes unexpected side effects
  • Don’t warn doctors and patients about potential risks
  • Mislabeling medications, leading to dosing or administration errors

When a drug company’s negligence leads to patient harm, they may be held accountable through product liability lawsuits. This differs from other types of medication errors as the fault lies in the drug’s design, production, or marketing, rather than the mistake of an individual healthcare provider.

How to Prevent Medication Errors

As patients, we can take steps to reduce our risk of experiencing a medication error.

These include:

  1. Asking questions about prescriptions before taking a new medication
  2. Keeping a list of all of our current medications to check for potential interactions
  3. Confirming dosage instructions with both the doctor and pharmacist
  4. Speaking up if something seems off, such as a pill that looks different than usual

Healthcare professionals also play a key role in prevention by double-checking prescriptions, verifying patient records, and using electronic systems to reduce human error.

At Shrager, Sachs, & Blanco, we understand that medication errors can have serious consequences, and multiple parties may be responsible.

Doctors, pharmacists, nurses, hospitals, and drug manufacturers all have a duty to ensure patient safety.

If you’ve suffered an injury due to medical malpractice, our experienced attorneys are here to help you get justice and fair compensation.

 

Awards & Recognitions

American Association for Justice
AV Rated Preeminent
AVVO Rated