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Medication Errors: How Pharmacy and Prescribing Mistakes Lead to Malpractice Claims

Blue book titled "Medical Malpractice" with a stethoscope and white pen on a wooden surface.

When residents of Washington, D.C. fill a prescription or receive medication in a hospital, they trust that the drug, the dose, and the instructions are correct. Unfortunately, according to a 2024 report published by the National Library of Medicine, between 7,000 and 9,000 Americans die each year from errors in prescribing and dispensing medicines.

A medical malpractice claim may be made when a doctor or pharmacist makes a medication error that injures a patient. If this has happened to you or a loved one, an experienced personal injury attorney can validate the claim and help you through the many filing requirements and deadlines required for a successful lawsuit.

How Medication Errors Happen

Getting medication from a manufacturer to a patient involves many steps and many people handling it along the way. Mistakes can happen during prescribing, dispensing, or administering drugs. The consequences of common errors are magnified by the seriousness of a patient receiving the wrong information or the wrong medication. These errors may include:

  1. Communication failures, such as hospital staff giving medication to the wrong patient or administering the wrong dose
  2. Incorrect dosage calculations, including the quantity prescribed or the strength of the medication
  3. An overlooked aspect of the patient’s medical history

Hospital staff who handle and administer drugs are trained in the “five rights” principle: giving (1) the right patient (2) the right drug, (3) the right dose, (4) the right route, and (5) at the right time.

Contributing to the problem are look-alike and sound-alike drug names, as well as pharmacists misreading a prescriber’s handwriting. Data-entry errors and software glitches in medication ordering systems may also cause serious harm.

How an Error Becomes Malpractice

Not every medication issue is malpractice. The Legal Information Institute at Cornell Law School says negligence is a key component of malpractice: when a professional breaches their duty to follow generally accepted standards. In a trial, the plaintiff must establish the negligence elements, which include:

  1. Duty
  2. Breach
  3. Causation
  4. Damages

That means the person must prove that the provider’s failure to follow the accepted standard of care directly resulted in their injury. Testimony from a medical expert in the same field is standard in these cases, as they explain and establish the clinical standards, how the defendant erred, and connect the error to the plaintiff’s injury.

Liability may be shared by multiple parties as medication errors typically involve several defendants, such as:

  1. the prescribing physician
  2. the dispensing pharmacist
  3. administering nurses
  4. the drug manufacturer
  5. the hospital

D.C.-Specific Requirements and Deadlines

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Specific procedural rules apply to Washington, D.C. malpractice suits. The first is the statute of limitations, which gives an injured person three years from the date of the medical mistake to file suit. Under an exception called the “discovery rule,” the clock doesn’t start until the patient knew or reasonably should have known about the injury. This is important in medication cases where the harm might not show up right away. These deadlines are different for minors, the mentally incapacitated, or prisoners. If a family is bringing suit as a result of a fatal medication error, the statute of limitations provides only two years from the date of death to file.

Written notice must be presented to the defendant at least 90 days prior to filing a malpractice lawsuit. This notice must describe in detail the type and extent of the injuries as well as the legal basis of the claim.

Mediation is required by D.C. courts after a lawsuit is filed. This process can result in out-of-court settlement or modification of the lawsuit.

Malpractice awards in D.C. are not limited by a cap, and compensation for injuries may cover past and future medical expenses, lost wages, pain and suffering, and ongoing care costs. 

When You Suspect a Medication Error

Seek prompt medical attention if you suspect a medication error. Preserve all records, including pill bottles, and make a diary of symptoms and any communication with providers involved. Consulting Sam Martin Law early in the process is also essential, due to the three-year statute of limitations and high standard of proof. Call for a consultation today.