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What is Prescription Drug Error?

Unfortunately there are numerous types of prescription drug errors. Administering the wrong medication or dose can be fatal and is considered medical negligence. At the JGarcia Law Firm, our Orlando lawyers can help you determine the type of medical malpractice lawsuit you may have encountered.

Prescription drug errors include:

  • Administering the patient the wrong medication
  • Administering the patient the wrong dosage of medication (too much or too little medication)
  • Mislabeling the medication
  • Prescribing the patient a medication that the patient is allergic to
  • Prescribing the patient a medication that interacts negatively with other medications that the patient is already taking
  • Failing to warn the patient of the common side effects of the medication

Who Is Liable in a Lawsuit for Prescription Drug Errors?

Anyone and everyone involved with prescribing medications can be liable for medical negligence. These people include, physicians, nurses, hospitals, the pharmacy departments and pharmacists, and the pharmaceutical manufacturer.

Administering Wrong Medication or Wrong Dosage

Unfortunately, medication-related mistakes can be made anywhere in the supply chain from the manufacturer to the patient. For example, a pharmacist could fill out a prescription incorrectly or the nurse could administer the wrong drug or dosage. Or in some cases the patient may bear some fault if they did not give the doctor an accurate medical history such as failing to inform about an allergy or another condition. In such situations, the doctor may not be liable at all for the patient’s injury.

Mislabeling the Medication

Sometimes, medications are mislabeled. When this happens, the patient may receive the wrong medication or the wrong dosage. This may happen either before the medication leaves the manufacturer or at the pharmacy itself. If it is the manufacturer that mislabels the medication, it usually results in a products liability lawsuit. If it is the pharmacist that mislabeled it, it will be a medical negligence case. An experienced JGarcia attorney will be able to identify the lawsuit and explain the differences for you.

Prescribing Harmful Medication (Allergies and Interaction)

This type of prescription drug error is usually the fault of the pharmacist. It is generally the pharmacist’s job to keep track of what a patient’s allergies are and what other medications the patient is taking (to avoid harmful interactions between more than one medication), although your doctor should have this information as well. This is why you should always use the same pharmacy for all of your prescriptions, to avoid any chance of a mix up.

Failing to Warn of Side Effects

This can be the job of the person who prescribed the medication such as the doctor or nurse, as well as that of the pharmacist. The patient must be informed of what the common side effects of the medication are, and what foods should be avoided when taking certain medicines. For example, medications for high cholesterol and high blood pressure do not work properly if a patient eats grapefruit. That is just one example- there are many others.


If you have experienced any of these prescription drug errors contact JGarcia Law Firm immediately, our medical negligence lawyers will help you through this. Medical malpractice lawsuits are very complex, we are here to make the process easier.  To find out how the JGarcia Law Firm in Orlando can help you in a medical malpractice lawsuit call (407) 649-6448 or check out our website 411attorney.com today.

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