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Penrose Hale Medical Malpractice Lawyers
A person holding capsules in one palm and a prescription bottle in the other hand

Practice area

Medication errors

Medication errors can happen when a drug is prescribed, filled, given or monitored. Most are caught before they cause harm. When one is not, and a careful professional would have caught it, the person or hospital responsible may be accountable.

What this can look like

  • The wrong drug, or the wrong dose, prescribed
  • A dangerous interaction or a known allergy missed
  • A pharmacy that filled the wrong medicine or strength
  • An IV medication given at the wrong rate
  • Blood thinners, insulin or opioids not monitored
  • A medicine stopped or not restarted after a hospital stay

Where medication errors happen

Each step has its own professional, its own safety checks and its own records. Finding the step where the error happened tells us who was responsible.


  1. Prescribing

    The doctor or nurse practitioner chooses the drug and dose, and checks allergies and other medicines.

  2. Dispensing

    The pharmacy fills it, checks the dose and interactions, and labels it correctly.

  3. Giving

    In a hospital, nurses give the right drug to the right patient, at the right dose, rate and time.

  4. Monitoring

    Someone watches for side effects and checks levels for drugs that need it.

What the law asks you to show

All four must be true. Most cases are decided by the third one.

1.Duty
The prescriber, pharmacy, nurse or hospital was responsible for that step of your medication.
2.Breach
A pharmacist or physician expert would say a careful professional would have caught or prevented the error.
3.Causation
The error, rather than your underlying illness, caused the harm.
4.Harm
A hospital stay, organ damage, a lasting injury or a death.

Who reviews it

Independent experts who do not work with the providers involved. We pay their fees.

  • A clinical pharmacist expert
  • A physician in the prescribing specialty
  • A nursing expert when the error happened in a hospital

Records that help

You do not need these before you call. With your permission, we request them.

  • Prescriptions and pharmacy records
  • The bottle or package itself. Please keep it.
  • The hospital's medication administration record
  • Lab results showing drug levels
  • Discharge medication lists

Deadlines can be short

Pharmacy claims can have different rules from claims against doctors or hospitals in some states. Keep the packaging and call early. Rules differ by state.

Deadlines, explained

Questions we hear

Is the pharmacy responsible, or the doctor?

Sometimes both. A prescribing error can pass a pharmacy check that should have caught it. The records from each step show who had the chance to stop it.

I threw the bottle away. Is that a problem?

It helps to have it, but pharmacy records usually show what was dispensed. Tell us what you remember and we will request the rest.

Other practice areas

Tell us what happened. We will tell you the truth about it.

A free, confidential review by our nurse and an independent physician. If we do not believe it was malpractice, we will say so and explain why.

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