Medication errors are among the most preventable causes of medical injury, and yet they remain common. A wrong drug, a wrong dose, an unrecognized interaction, an allergy oversight, or a pharmacy dispensing mistake can produce serious harm — from organ damage to allergic reaction to overdose to death.
Schuster Jachetti LLP represents Delaware patients and families harmed by medication errors at hospitals, nursing homes, pharmacies, and outpatient settings across the state. Joseph M. Jachetti, Delaware Bar #003744, has handled medical negligence and serious injury matters for over 25 years, and the firm works with qualified medical professionals to evaluate the prescribing, dispensing, and administration chain.
Medication error cases require careful reconstruction of the chain of events. The firm reviews prescription orders, pharmacy dispensing records, electronic medication administration records, and the pharmacology to determine where the breach occurred.
How Medication Error Cases Happen in Delaware
Errors can occur at any point in the medication process. A physician may prescribe the wrong drug, the wrong dose, or a drug contraindicated by the patient’s other medications or allergies. A pharmacist at a Delaware pharmacy may dispense the wrong drug or the wrong dose. A nurse at ChristianaCare, Bayhealth, Beebe Healthcare, TidalHealth Nanticoke, or Saint Francis Hospital in Wilmington may administer the wrong drug, the wrong dose, or to the wrong patient. A nursing facility may fail to administer scheduled medications.
Common Medication Errors
- Wrong drug prescribed or dispensed
- Wrong dose — too high or too low
- Wrong route of administration
- Drug interactions not screened
- Allergy oversight
- Pharmacy dispensing errors
- Failure to monitor drug levels (warfarin, lithium, digoxin, vancomycin)
- Failure to renew or refill critical medications
- Look-alike or sound-alike drug confusion
- Errors in pediatric weight-based dosing
Who May Be Liable
Liability can extend to the prescribing physician, the dispensing pharmacist and pharmacy, the administering nurse, the hospital or facility, and in some cases the drug manufacturer if labeling or packaging contributed.
How Delaware Law Applies to Medication Error Cases
- 18 Del. C. § 6801 et seq. — Delaware Medical Negligence Act
- 18 Del. C. § 6853 — affidavit of merit requirement
- 18 Del. C. § 6856 — two-year statute of limitations and three-year statute of repose
- 10 Del. C. § 8132 — modified comparative negligence with a 50 percent bar
- Pharmacy practice is also regulated under Title 24 of the Delaware Code
Damages You May Be Able to Pursue
- Past and future medical expenses
- Lost wages and lost earning capacity
- Pain and suffering — see what is pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Wrongful death damages where applicable
The firm does not promise specific amounts.
The Five Rights of Medication Administration
Nursing and pharmacy practice both teach the “five rights” of medication administration: right patient, right drug, right dose, right route, right time. A breakdown at any of these five points is a medication error. In hospital settings, electronic medication administration records and barcode scanning are designed to enforce these checks, but they only work when staff use them correctly and when the systems are properly configured.
Pharmacy Dispensing and the Verification Process
Pharmacists owe a duty to dispense correctly and to screen for interactions, allergies, and dosing concerns. Most pharmacies have computerized drug interaction screens, but those screens require the pharmacy to have current and complete medication information. When a screen is overridden without justification, when the pharmacist fails to counsel a patient about a high-risk medication, or when a dispensing error puts a wrong drug in the bottle, the resulting harm can be significant.
Look-Alike and Sound-Alike Medications
Many medications have names or packaging that resemble other medications. Hospitals and pharmacies maintain lists of these high-risk pairings and put barriers in place to prevent confusion — separate storage, different labels, additional verification. When those barriers fail or were never put in place, the wrong-drug error can have serious consequences.
Medication Errors in Long-Term Care
Nursing facilities are a particular setting for medication errors because residents often take many medications, staffing is variable, and oversight may be limited. Errors include missed doses, wrong-resident administration, and failure to monitor for adverse effects. The Delaware regulations governing long-term care facilities at Title 16 address medication management standards.
Anticoagulants and High-Risk Medications
Certain medications — anticoagulants like warfarin, insulin, opioids, chemotherapy agents, and methotrexate — are classified as high-risk because errors with these drugs commonly cause significant harm. Standards of care require additional safeguards in handling these medications. When those safeguards fail, the resulting harm is often severe.
Electronic Prescribing and Computerized Order Entry
Most Delaware hospitals and many outpatient practices now use computerized provider order entry. These systems are designed to reduce medication errors through alerts, dose checking, and interaction screening. The systems work — when they are used as designed. When alerts are routinely overridden, when warnings are ignored, when standard order sets are not used for high-risk medications, the systems do not protect the patient.
Insulin Errors and Glycemic Control
Insulin is among the most common medications associated with serious harm. Wrong doses, wrong types of insulin, and timing errors can produce hypoglycemia (which can cause brain injury and death) or hyperglycemia and ketoacidosis. Hospital protocols for insulin administration and glucose monitoring exist precisely because of this risk, and deviations can support a claim.
Anticoagulant Management
Warfarin requires regular INR monitoring and dose adjustment. Newer direct oral anticoagulants have their own dosing requirements, including renal function adjustments. Errors in anticoagulant management can produce major bleeding (including intracranial hemorrhage) or thrombotic complications. Standards for monitoring, dose adjustment, and patient education are well established.
The Patient’s Role in Medication Safety
Patients can reduce medication risk by maintaining accurate medication lists, by reporting allergies clearly, by reading labels, and by asking questions. But the legal duty to dispense and administer correctly rests with the providers. A patient who relied reasonably on the providers and was harmed by an error retains a claim, even when patient participation could have caught the error.
The Joint Commission and National Patient Safety Goals
The Joint Commission, which accredits most hospitals, publishes National Patient Safety Goals that include medication safety elements. Reconciling medications across transitions of care, labeling medications and solutions, reducing harm from anticoagulants, and preventing infection are recurring themes. Failure to follow Joint Commission guidance can be evidence of below-standard care, and survey reports can document recurring problems.
Medication Errors in Surgical Settings
Operating room medication errors have specific patterns. Wrong-syringe events — where a paralytic is administered when an anesthetic was intended — have produced devastating outcomes. Standards address syringe labeling, color coding, and verification procedures. The American Society of Anesthesiologists and the Anesthesia Patient Safety Foundation have published extensive guidance.
Pediatric Dosing Errors
Pediatric medication dosing is weight-based, and small errors can have large consequences. Decimal point errors, milligrams versus milliliters confusion, and miscalculation of weight-based doses have all caused serious harm. Pediatric dosing standards include independent double-checks for high-risk medications and computer-based decision support.
The Investigation in Medication Cases
Investigating a medication error case requires reconstruction of the chain of events. Pharmacy dispensing records, prescribing records, and electronic medication administration records must be obtained. Witnesses to the events may need to be identified. The medication itself, if available, should be preserved. The firm guides clients through these preservation steps early in the engagement.
Why Choose Schuster Jachetti LLP for a Delaware Medical Negligence Case
Joseph M. Jachetti, Delaware Bar #003744, has practiced personal injury and medical negligence law in Delaware for over 25 years. Before practicing law, he spent 10 years as an insurance claims adjuster, giving him a working knowledge of how carriers evaluate, defend, and resolve claims. That background informs every aspect of how the firm approaches medical negligence cases, from the initial investigation through final resolution. The firm represents clients across Delaware from offices in Wilmington, Smyrna, Georgetown, and Lewes, and works on a contingency fee basis so that pursuing a claim is accessible regardless of immediate financial means.
Medical negligence cases require patience and methodical work. Records must be obtained, qualified medical professionals must review them, the affidavit of merit must be prepared, and the case must be filed within Delaware’s strict statutory deadlines. The firm manages each step carefully and keeps clients informed throughout. When cases proceed to discovery, depositions, mediation, or trial, the firm prepares thoroughly. The objective is recovery that addresses the harm and provides for the future, evaluated on the specific facts of each case.
Common Questions After a Medication Error
Patients and families often have specific questions after a medication error: Was the wrong drug actually dispensed? Was the dose calculated correctly? Were my allergies in the chart? Were drug interactions screened? These questions deserve answers, and the firm’s investigation reconstructs the chain of events to provide them. The firm then explains the findings in plain language and discusses what the findings mean for the case and the available remedies.
Documenting the Path Forward
After a medication error, organized documentation supports both the medical follow-up and any potential legal claim. Patients can help by keeping copies of every prescription, every pharmacy receipt, and every communication with providers about the medication. Photographs of the medication and its packaging can be useful when product confusion or labeling issues are at play. The firm guides clients through these documentation steps as part of the engagement.
How Insurance Companies Handle Medication Error Cases
Joseph Jachetti spent 10 years as an insurance claims adjuster before practicing law. Carriers in medication cases commonly argue that the patient contributed by not reporting allergies or other medications, that the harm was an idiosyncratic reaction rather than a dosing error, or that the patient’s underlying condition would have caused the same outcome. Joseph Jachetti uses his prior adjuster experience on behalf of clients during negotiations.
Steps to Take After a Suspected Medication Error
- Preserve the medication, the bottle, and the label if possible
- Request prescription records, pharmacy records, and administration records
- Document the timeline and symptoms
- Do not sign authorizations or settlements without legal review
- Contact a Delaware medical malpractice attorney quickly
Frequently Asked Questions
How long do I have to file a medication error claim in Delaware?
Two years from the date of injury under 18 Del. C. § 6856 for medical providers. More on Delaware deadlines.
Do I need qualified medical professional testimony for a medication case?
Yes for claims against medical providers. An affidavit of merit from a qualified medical professional is required under 18 Del. C. § 6853.
Can I sue a pharmacy for a dispensing error?
Yes. A pharmacy and pharmacist owe a duty of care to dispense correctly and to screen for interactions and allergies.How much does a Delaware medication error lawyer cost?
The firm works on a contingency fee. More on contingency fees.
What is my medication error case worth?
Value depends on injuries and damages. Read about case valuation.
Schuster Jachetti LLP Serves Delaware Clients Statewide
From four offices: Wilmington ((302) 966-8684), Smyrna ((302) 775-0728), Georgetown ((302) 877-9524), Lewes ((302) 527-9513).
Talk to a Delaware Medication Error Lawyer Today
Call (302) 984-1000 for a free consultation. Joseph M. Jachetti, Delaware Bar #003744, has handled medical negligence cases for over 25 years.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
Talk to a Delaware Attorney
Free consultation. No fee unless we recover compensation for you.
📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.