Medication errors are one of the most common categories of preventable medical harm. They can happen at any point: in prescribing, in dispensing at the pharmacy, in administering at a hospital, or in monitoring after the medication is taken.
The Detailed Answer
Medication-related malpractice claims fall under Delaware’s Medical Negligence Act, 18 Del. C. §§ 6801 et seq. To prove a claim, the patient generally must show that a provider in the medication chain breached the standard of care and that the breach caused harm.
Common Medication Errors
- Prescribing a medication the patient is allergic to despite documented allergy history
- Prescribing a medication that dangerously interacts with the patient’s other medications
- Prescribing a dose far above safe levels for the patient’s age, weight, or kidney function
- Failing to monitor blood levels or organ function for high-risk medications
- Continuing a medication too long without indicated reassessment
- Pharmacy dispensing errors (wrong drug, wrong strength, wrong patient)
- Hospital administration errors (wrong medication, wrong route, wrong patient)
Who Can Be Liable
Depending on where the error occurred, potentially responsible parties may include:
- The prescribing physician
- The dispensing pharmacist
- The hospital or facility (through vicarious liability or institutional negligence)
- Nurses or other providers who administered the medication
Manufacturers may also be liable in certain situations, although those claims are governed by product liability rather than medical malpractice law.
Causation in Medication Cases
Causation analysis focuses on whether the patient’s harm was caused by the medication error or by the underlying disease and its expected complications. Toxicology evidence, timing of symptoms, and qualified medical opinion are typically central to the analysis.
Damages
Medication errors can cause a wide range of harm, including allergic reactions, organ damage, prolonged hospitalization, additional procedures, and in serious cases, death. Damages may include medical expenses, lost wages, pain and suffering, and wrongful death where applicable.
What This Means for Your Case
If you believe a medication error caused harm, gather and preserve as much information as possible: prescription bottles, pharmacy records, hospital medication administration records (eMARs), and discharge summaries. These records form the backbone of the investigation.
Medication malpractice cases often require multiple types of qualified medical opinions, including from pharmacology and the relevant clinical specialty. The investigation can take time, so engage counsel as early as possible to preserve evidence and evaluate the case within the statute of limitations.
Related Questions
Q: What if I had a known allergy that was in my chart?
Documented allergies in the chart that are ignored when prescribing are a common factor in medication malpractice claims.
Q: Can I sue the pharmacy?
Pharmacies can be liable for dispensing errors and, in some circumstances, for failing to flag obvious interactions or inappropriate prescriptions.
Q: What if the side effect was listed on the label?
Labeled risks may not bar a claim if the medication should not have been prescribed in the patient’s circumstances or if proper monitoring was not done.
How Medication Errors Are Investigated
Medication malpractice investigations typically reconstruct each step of the medication chain:
- The prescribing decision (was the medication appropriate for this patient?)
- The prescription (was it written or transmitted correctly?)
- The pharmacy dispensing (was the right drug, strength, and patient identified?)
- The administration (was the right route, dose, and timing followed?)
- The monitoring (were appropriate labs, vital signs, or symptoms checked?)
An error at any step can produce harm. Identifying which step or steps failed is central to understanding liability.
High-Risk Medications
Some medications have particularly narrow safety margins and demand careful management, including:
- Anticoagulants like warfarin and certain newer agents
- Insulin and other diabetes medications
- Opioid pain medications
- Chemotherapy agents
- Immunosuppressants
- Pediatric medications dosed by weight
Errors involving high-risk medications are more likely to cause serious harm and are correspondingly more likely to support a malpractice claim.
Practical Steps After a Suspected Medication Error
- Save the prescription bottles and original prescription if available
- Request copies of pharmacy records and hospital medication records
- Note any communications about the error from providers
- Continue with current medical care as needed for safety
- Consult a Delaware medical malpractice attorney to evaluate the case
When to Talk to a Delaware Medical Malpractice Lawyer
If a medication error caused serious harm to you or a loved one, talk with a Delaware medical malpractice attorney to evaluate your legal options. Schuster Jachetti LLP has experience handling medication-related malpractice claims. Learn more about Delaware medical malpractice, the definition of malpractice, suing a hospital, and statute of limitations.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.