Medication Error Liability, Is the Doctor Responsible for Prescription Errors?

Medication errors are a significant cause of illness and death today. The cause might be a doctor’s error in prescribing the wrong medication or the wrong amount of the right medication, a mistake made at the pharmacy or the result of a nurse or caregiver misunderstanding the dosing directions.

In this malpractice guide article, we will discuss who’s responsibility it is when you are prescribed the incorrect medication.

The Responsibility of the Physician

The doctor is only responsible if he or she made an error in choosing the prescription. These mistakes occur frequently. They constitute medical malpractice and open the physician up to malpractice lawsuits in the future.

The Responsibility of the Pharmacy or an Attending Nurse

When the patient is in the hospital, prescriptions are filled by the hospital pharmacy. If a pharmacist or technician incorrectly fills the prescription or mislabels it, then the pharmacist is liable for the results. Nurses attending a patient can also be negligent in administering medication.

In any of these instances, medical malpractice has occurred and if the patient has suffered in any way as a result, a medical malpractice claim can be made.

For this reason, doctors, pharmacists, nurses and hospitals all have malpractice insurance.

The Role of Malpractice Lawyers

Finding out who made the mistake is the key first step. All malpractice attorneys are trained to find answers. As part of their process of discovery, they will trace the prescription through the entire chain to find out if an error occurred and who was responsible for it.

If you have reason to believe that an error in medication resulted in harm of any kind to yourself or your child, or in the death of a loved one, then an attorney specializing in medical or dental malpractice should be consulted. Most malpractice lawyers offer free case evaluations. If malpractice has occurred, the guidance of a competent and experienced lawyer can be invaluable.