When Medication Errors Result In Medical Malpractice

Last updated on June 11, 2026

Most of us have little idea what is in our medications and how they work. The chemistry and medicine involved are so far beyond most of our understanding that we cannot be expected to decide which drug to take to treat an illness and what the proper dosage is. Those decisions we leave to the doctor, whom we trust to prescribe medication with great attention to detail to minimize the risk of adverse reactions.

If your prescription medication was administered incorrectly or prescribed in error and that mistake resulted in further injury or illness, our medical malpractice attorneys at Nelson & Hammons, Attorneys At Law, in Shreveport and Lafayette, can help. John Hammons has been helping victims of medical malpractice throughout Louisiana since 1980. Over the past 40 years, he has developed a team of attorneys and staff dedicated to representing victims of medical malpractice. Call us today at 318-716-7329 to learn more about how we hold doctors accountable for medication errors. Habla Español.

Prescription Drug Errors And Medical Malpractice

Drug errors can happen at various stages of the drug dispensary process.

• The prescribing doctor could prescribe the wrong drug or dosage.
• A nurse caring for you during a hospital stay could administer the drug incorrectly.
• The pharmacy could fill the wrong drug or dosage or fail to communicate directions or side effects to the patient.
• The drug manufacturer is responsible for ensuring that the drugs they put out into the marketplace are properly labeled and safe for consumption. If they develop and promote an unreasonably dangerous drug that causes you harm or takes the life of a loved one, you could have a claim against the drugmaker.

All of these parties, plus hospitals, owe patients a duty of due care to make reasonably sure that the medicine they take is safe, effective and in the correct dosage. When one of them does not live up to that duty and somebody gets hurt as a result, the responsible party is liable for their victim’s damages. We know Louisiana’s medical malpractice laws and what it takes to get justice after a severe medication error.

Common Long-Term Side Effects Of Medication And Dosing Errors

Different medications affect the human body differently. An incorrectly prescribed drug or an unsafe dosage can lead to a wide variety of health effects that can affect you for years and ultimately cause death. Common health impacts include:

• Liver disease
• Kidney failure
• Seizures and epilepsy
• Neurological problems affecting memory, balance, coordination and so on
• Mental health issues like depression and anxiety

Besides causing you and your family a great deal of mental and emotional anguish, these effects can cost hundreds of thousands of dollars to treat and shorten your life. You and your loved ones should not have to bear this financial and emotional burden alone.

Who Is Responsible For Drug Mistakes?

Every case is different. Depending on the facts and circumstances of the case, the drug that was involved, how it was dispensed or administered, and who administered the drug could all contribute to a prescription drug error. A medical mistake involving a prescription can involve the following responsible parties:

• Pharmaceutical companies
• Pharmacy technicians and pharmacists
• Nurses and medical assistants
• Doctors

The pharmacy itself, the hospital or the doctor’s office could also be responsible for medical negligence or malpractice if there were errors or negligence in training, education or staffing.

Frequently Asked Questions About Medication And Dosage Errors

We understand that this is a difficult time and you likely have many questions. Below our medical malpractice attorneys have compiled a few most commonly asked questions from our clients regarding medication and dosage errors. We hope this helps provide additional clarity. If you still have further questions or would like to speak with our lawyers, you can reach us via email or by calling 318-716-7329.

What are the most common causes of medication errors?

Medication errors can occur at any point during the process of prescribing and dispensing the medication to the patient. Medical professionals such as nurses, doctors and pharmacists may make a mistake during the process that leads to a patient consuming the wrong type of medication or the wrong dosage.

Some of the most common causes of medication errors include:

• Incorrect diagnosis
• Incorrectly prescribed medication
• Dosage miscalculation
• Improper drug distribution practices
• Improper or incorrect drug administration
• Lack of communication

Any of these causes can result in serious medication errors that can further harm or injure a patient.

What should I do if I suspect a medication dosage error?

If you suspect a medication or dosage error, there are certain steps you should take to rectify the situation as well as protect your safety and interests.

• Call your pharmacist. If you were prescribed medication that you believe is incorrect, check with your pharmacist to determine whether the medication is what your doctor prescribed or if you’re taking the correct dosage.
• Seek medical attention as soon as possible. Medication errors can cause serious harm, including neurological problems, liver disease, kidney failure, disability, birth defects and much more. Medical care can help prevent any of these serious complications from happening or provide you with the necessary treatment for any additional health conditions your incorrect medication has developed.
• Report the medication error: Reporting an error can help it from occurring again and provides a paper trail if you choose to pursue a medical malpractice claim. You can report the error to the hospital, pharmacy or other relevant medical facility.
• Document your condition: Like with any type of injury claim, evidence is key. If the cause of your health condition was indeed a medication error, it’s crucial to document your experience. Keep notes on how your injury or illness has developed and hold onto any incorrect medication prescriptions or pill bottles as they provide evidence of the error.
• Consult with a medical malpractice lawyer. Medication errors should be taken seriously, and the health care professionals who fail to provide you with the correct medication should be held accountable. An attorney can help you understand your options in filing a medical malpractice claim.

By following these steps, you can better protect your health and take action against a negligent health care provider.

What evidence do I need for a medication error case?

As stated above, evidence is crucial when pursuing a claim. A strong medical malpractice claim relies on solid evidence that proves that a serious medical error resulted in further injury or illness to you. With medication error cases, you should collect the following type of evidence:

• Medical records
• The prescription
• The medication bottle
• Photos of the injuries
• Documentation of the injury or illness progression

The more information and evidence you can provide, the better. An attorney will review all the details and develop a case based on the facts and evidence to hold the negligent health care professional responsible for their actions.

Louisiana Has Strict Deadlines. Call Today.

The state of Louisiana has strict filing deadlines for medical malpractice and negligence claims. To schedule an appointment for a free case assessment and consultation, call us at 318-716-7329 or send an email through our online form today. Habla Español.