Medical Malpractice > Medication Errors


According to Georgetown University’s Health Policy Institute, 66 percent of 131 million adult Americans use prescription medication, and medical professionals are under a lot of pressure to ensure that standard of care is practiced. When these professionals make medical malpractice medication errors, improper dosages, or misdiagnoses, the result is often long-lasting, permanent, and even fatal damage.

If all of the following apply to the incident, the patient may have a medical malpractice case:

Failure to Deliver Proper Standard of Care. Medical professionals owe patients an expected standard of care. A failure to adhere to that standard can result in a medication malpractice case.

The Injury Results in Significant Damages. Fortunately, not all instances of a medical professional’s negligence result in significant harm. But when they do, a medical malpractice suit may help pay for emotional and physical damages.

Direct Causation. If the medical professional violated the standard of care, did that negligence cause (or contribute to) damages? If so, the patient must still prove the injury was sustained due to negligence.

Medication Error Causes

A medication error can occur from varying forms of negligence or malpractice. The prescribing doctor, nurse, or pharmacy may engage in medical negligence through poor oral or written communication or out of self-interest. Medication error medical malpractice or negligence can result from:

  • Recklessly Prescribing the Wrong Medication
  • Failure to Warn of Medication Risks
  • Prescribing Without Reviewing Medical History
  • Accidentally Prescribing the Incorrect Dosage
  • Medicating a Patient With a History of Abuse 
  • Carelessly Prescribing Multiple Medications
  • Improper Treatment From Financial Incentives

Medication Error FAQs

Are doctors compensated for prescribing certain drugs? Legally it is forbidden, but this does not mean it has ceased altogether. Pharmaceutical companies have previously given financial bonuses to medical providers that prescribe their medicines. For example, a drug company could pay for a doctor’s vacation, car, or meals for increased promotion or prescriptions. Though not the most common form, this is one example of how medical care providers have made decisions that ultimately inflict damage upon their patients.

Can you sue a doctor for prescribing medications that interact? If your medical professional knew the prescription medications you were taking before treating you and the new medication conflicts with your existing prescriptions, this may be grounds for a lawsuit. Even if the medical professional did not know your existing prescriptions, the failure to review your medical history can be considered medical negligence.

Is medication error malpractice common? Medication errors are a leading category for medical malpractice cases won, with 90% of medication malpractice cases settling out of court. We take your case personally and fight for fair compensation for any patient wronged by medication errors.

If you believe you or a loved one’s medical provider has made a medication error, contact Montross Miller to answer your questions.


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