Medication can cure illness and treat symptoms effectively. However, this only applies when the correct medication is administered.
Medication errors do happen, and they can have serious consequences, from minor side effects to life-threatening complications. Outlined below are some more notable examples of medication errors .
Dosage errors
A dosage error occurs when a patient receives too much or too little of a medication. Overdoses can cause organ damage, dangerous drug toxicity or death, while underdoses may allow an infection or condition to worsen untreated. Dosage errors often stem from miscalculated weight-based dosing — especially in pediatric or elderly patients — decimal-point mistakes, or confusion between similar medication strengths.
Wrong-patient errors
A wrong-patient error happens when a medication intended for one patient is given to another, typically due to mixed-up charts, similar patient names, or a failure to verify identity before administering a drug. These errors are especially common in busy hospitals and nursing homes.
Drug interaction errors
A drug interaction error occurs when a provider prescribes or administers a medication that reacts dangerously with another drug, supplement, or condition the patient already has. Failing to review a patient’s full medication list or allergy history before prescribing can lead to serious, sometimes fatal, complications.
Monitoring and omission errors
Some medication errors happen not because the wrong drug was given, but because a necessary drug was never given at all, or because a provider failed to monitor a patient’s response to medication. Omission errors and inadequate monitoring can allow a treatable condition to progress or a dangerous side effect to go unnoticed.
Prescription errors
A prescription error happens when a doctor prescribes the wrong medication or dosage or gives the wrong instructions. This can occur due to miscommunication, misdiagnosis or confusion between similar drug names. Patients receiving the wrong medication may not get the treatment they need, and in some cases, they may experience serious side effects.
Dispensing errors
Pharmacists play a key role in ensuring patients receive the correct medication. Nonetheless, dispensing errors can happen if a pharmacist misreads a prescription, fills the wrong drug or provides incorrect instructions. Even a small mistake, like confusing dosage amounts, can put a patient at risk.
Administration errors
Errors in administering medication occur when a nurse or caregiver gives the wrong drug or incorrect dose. This is common in hospitals and nursing homes, where staff may be rushed or handling multiple patients simultaneously. Some administration errors include giving medication at the wrong time or through the wrong route, such as injecting a drug meant to be taken orally.
Who can be held liable for a medication error?
More than one party can be responsible for a medication error, depending on where the mistake occurred:
- Physicians who prescribe the wrong drug or dose, or fail to check for interactions
- Pharmacists who fill a prescription incorrectly or fail to catch a prescribing error
- Nurses who administer medication incorrectly
- Hospitals and nursing homes that fail to implement adequate safety protocols or adequately staff their facilities
- Pharmaceutical manufacturers, in rare cases involving mislabeling or defective packaging
Identifying every liable party is an important part of building a strong medication error claim.
Doctors, nurses, pharmacists and other medical professionals owe you a legal duty of care. This means that they must act within expected industry standards. Giving you the wrong medication may constitute medical malpractice if it was more than an oversight and you suffered injuries.
To assess the strength of your claim, it is in your best interest to seek legal guidance.
What to do after a medication error in Virginia
- Seek medical attention to address any immediate health effects.
- Request copies of your medical records, including the prescription, pharmacy label, and administration record.
- Write down what happened while the details are fresh, including dates, dosages, and who was involved.
- Avoid discarding medication packaging or pill bottles, which can serve as evidence.
- Speak with a medical malpractice attorney before accepting any settlement offer from a hospital or insurer.
Virginia’s deadline for filing a medication error claim
Under Virginia law, most medical malpractice claims — including those involving medication errors — must be filed within two years of the date of injury (Va. Code § 8.01-243). Virginia also requires an expert certification of merit before filing suit in most medical malpractice cases (Va. Code § 8.01-20.1). Missing this deadline can permanently bar your claim, so it’s important to speak with an attorney as soon as possible.
Warning signs of a medication error
Medication errors are not always obvious right away. Signs that you or a loved one may have experienced one include:
- New or worsening symptoms shortly after starting a medication
- Unexpected allergic reactions
- Sudden confusion, drowsiness, or vital sign changes
- A pharmacy label that does not match what the doctor prescribed
- Being given medication that looks different from previous refills
If you notice any of these signs, tell a provider immediately and request your medical records.
Frequently Asked Questions
What Is Considered a Medication Error?
A medication error is any preventable mistake in prescribing, dispensing, administering, or monitoring a drug that causes or could cause patient harm — including wrong-drug, wrong-dose, and wrong-patient mistakes.
Who Is Liable for a Medication Error?
Liability can fall on the prescribing doctor, the dispensing pharmacist, the administering nurse, or the hospital or facility that employed them, depending on where the error occurred.
How Long Do I Have to File a Medication Error Lawsuit in Virginia?
Virginia’s statute of limitations for most medical malpractice claims, including medication errors, is two years from the date of the injury.
Can I Sue a Hospital for a Medication Error?
Yes. A hospital can be held liable if its employee caused the error while acting within the scope of employment, or if the hospital’s own policies or staffing failures contributed to the mistake.
What Should I Do if I Experience a Medication Error?
Seek medical care right away, request your medical records, document what happened, and speak with a medical malpractice attorney before agreeing to any settlement.
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