Medication Errors

Baltimore Medication Error Attorney

Have you or a loved one been seriously injured or ill due to a medical error in Maryland? Brown & Barron is here to help you discover and uphold your right to fair compensation from the liable party. Accolades and accomplishments that set our law firm apart include:

  • 137+ years of collective legal experience
  • Millions of dollars secured for clients in successful case results
  • Long list of happy client testimonials
  • Highly rated legal team, including numerous Super Lawyers® members

You can feel confident in our team when you need to make a claim against a hospital group or practitioner for a medication error. Our Baltimore medication error attorneys do everything we can to see your case to the beneficial outcome you deserve. We can even bring cases to the appellate court for further review.

Get in touch with a medication errors lawyer serving Baltimore, (410) 698-1717 for a free case evaluation.

What Is a Medication Error?

A medication error is a form of medical malpractice related to the prescribing or use of medications for a patient. Doctors and primary care physicians must accurately diagnose a patient’s illness or injury and match their needs with certain prescription medicines.

    The pharmacist who is handed the prescription then has the duty to ensure the prescription is filled out accordingly. Both the doctor and the pharmacist or pharmacy technician are responsible for discussing with the patient the proper way to take the medication at home.

    Here are some common types of medication errors:

    • Prescription Errors: These occur when a healthcare provider prescribes the wrong medication, wrong dosage, or wrong instructions for use.
    • Administration Errors: This type of error happens when a medication is administered incorrectly, such as giving the wrong medication, the wrong dosage, or using the wrong route of administration (e.g., oral instead of intravenous).
    • Dispensing Errors: These errors occur when a pharmacist or pharmacy technician dispenses the wrong medication or the wrong dosage to the patient.
    • Documentation Errors: Errors in documenting medication orders, administration, or patient information can lead to confusion or mistakes in the medication process.
    • Drug Interaction Errors: This type of error happens when medications with known interactions are prescribed together without proper consideration, leading to adverse effects or reduced efficacy.
    • Labeling Errors: Errors in labeling medications can lead to confusion about the drug's identity, dosage, or instructions for use.
    • Storage Errors: Improper storage of medications, such as exposure to incorrect temperatures or humidity levels, can lead to degradation of the medication's effectiveness or safety.
    • Communication Errors: Miscommunication between healthcare providers, patients, and caregivers regarding medication instructions or changes can result in errors in medication use.
    • Patient-related Errors: Patients may make errors in self-administering medications, such as taking the wrong dose or taking medications at the wrong time.
    • Equipment Errors: Errors related to the use of medical devices, such as incorrect calibration of infusion pumps or malfunctioning of automated dispensing machines, can result in medication errors.

    Medication errors can also happen in hospital settings, making them a form of hospital error. Nurses are generally the hospital staff members tasked with administering medication to a patient in proper dosages and at routine intervals. 

    Any failure to meet the accepted medical standards by a doctor, nurse, or pharmacist that results in patient harm can constitute medical malpractice and call for fair compensation to be given to the patient.

    Common Types of Medication Error Claims

    Legal avenues to recover compensation from a medication error vary depending on the jurisdiction and circumstances of the case. Here are some common legal avenues:

    • Medical Malpractice Lawsuits: If the medication error occurred due to negligence or substandard care by a healthcare provider (such as a doctor, nurse, pharmacist, or hospital), the affected patient or their family may file a medical malpractice lawsuit. To succeed in a medical malpractice case, the plaintiff typically needs to prove that the healthcare provider breached the standard of care, which directly resulted in harm or injury to the patient.
    • Product Liability Lawsuits: If the medication error occurred due to a defect in the medication itself, such as manufacturing defects, design defects, or inadequate warnings or instructions, the injured party may file a product liability lawsuit against the manufacturer, distributor, or seller of the medication. Product liability laws vary by jurisdiction but generally allow consumers to recover compensation for injuries caused by defective products.
    • Negligence Lawsuits Against Pharmacists or Pharmacies: In cases where the medication error occurred during the dispensing or administration of medication by a pharmacist or pharmacy staff, the injured party may file a negligence lawsuit against the pharmacist, pharmacy, or pharmacy chain. Similar to medical malpractice lawsuits, negligence lawsuits against pharmacists typically require proof of breach of duty, causation, and damages.
    • Class Action Lawsuits: In some cases where multiple individuals are harmed by the same medication error or defect, affected parties may join together to file a class action lawsuit against the responsible parties. Class action lawsuits allow plaintiffs with similar claims to consolidate their cases into a single legal action, which can be more efficient and cost-effective.
    • Settlements and Negotiations: In many cases, parties involved in medication error claims may opt to negotiate a settlement outside of court. Settlements can allow for faster resolution of claims and avoid the time and expense of litigation. However, the terms of settlements may vary, and it's important for affected parties to carefully review and consider any settlement offers with the assistance of legal counsel.
    • Criminal Charges: In cases involving egregious medication errors or deliberate misconduct, such as medication tampering or fraud, criminal charges may be brought against the responsible parties. Criminal penalties for medication-related offenses can include fines, imprisonment, or other punitive measures.

    Filing Your Malpractice Lawsuit on Time

    The amount of time you have to file a medication error lawsuit is limited. In Maryland, a legal deadline referred to as the statute of limitations applies to these cases. The amount of time you have to file your lawsuit can vary. So, it is important to speak to an attorney right away.

    In general, under Maryland Courts & Judicial Proceedings Code Ann. § 5-109, the statute of limitations in your case will expire three years from the day the medication error happened. 

    Filing your case after this deadline expires is likely to result in the court dismissing your lawsuit entirely. You could be prohibited from pursuing compensation regardless of your damages. 

    Some exceptions apply to this deadline, however. For example, the statute of limitations for a minor does not begin to run until they reach age 18. They then have three years from that birthday to file a claim.

    There are also exceptions when it comes to undiscovered medical conditions. The harmful outcome of a medication error might not be apparent the day the error happens. 

    For that reason, the statute of limitations is different in this situation. 

    The statute expires after five years of the error or three years after the error is discovered—whatever comes first. Your Baltimore lawyer will explain how statutes of limitations could affect your medication error case.

    When You Need to File a Medication Error Claim, Call Us

    Taking care of the fine details of a medical malpractice case is probably one of the last things you want to do after suffering a serious injury or illness. You can stay in bed and rest while still handling your claim by contacting Brown & Barron, LLC today

    Contact Brown & Barron online today to schedule a free case review with a medication errors lawyer serving Baltimore.

    Damages for a Medication Error

    For many people considering legal action following a medication error, one of their immediate concerns is securing compensation for their medical injuries. A medication error can require costly medical treatment and lead to a dramatic reduction in quality of life. A financial settlement could compensate you for the hardships resulting from a medication error.

    Medical Expenses

    A medication error could require substantial medical treatment. The improper use of medication can be toxic in some cases, requiring emergency treatment. The long-term use of inappropriate or dangerous medication could have lasting health consequences that require a lifetime of treatment. You could be entitled to recover damages related to the cost of your medical care. 

    Lost Wages

    When a medication error causes serious health issues, it could impact your ability to earn a living. These errors could cause you to miss substantial time away from work in many cases. This could lead to missed paychecks that cause financial havoc for you and your family. 

    Pain and Suffering

    Medication errors can lead to significant physical pain and suffering. This pain can subside in some cases, while it could become a chronic health issue for others. In these situations, compensation might be available based on the severity and extent of your pain. 

    Diminished Earning Power

    Another consequence of a medication error could be the inability to perform the same employment before your illness. If a medication error resulted in permanent disability that limits the type of work you could perform, it could diminish your future wages. These diminished future wages could result in you recovering financial compensation. 

    Our medication error attorneys in Baltimore offer free initial consultations to inquiring clients, allowing you to get your case started without worrying about your finances first.


    Hear From Our Clients

    • "Brown & Barron, LLC has to be one of the best law firms in the state of Maryland, possibly the entire country. The quality of their service is second to none. They go above and beyond to serve their clients and get the job done."
      Eric B.
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    • "Brown & Barron provided efficient, straight-up, and straightforward services in my medical malpractice case. They answered all my questions and kept me informed every step of the way."
    • "After a two-year process, my case is resolved. I would like to commend and highly recommend Mr. Chris Casciano for his diligence, attention to detail, and support for myself and my family."
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      Ashley L.
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