Did you know that approximately 1 in 20 patients face preventable harm, with 25% of these incidents related to medication errors, as per the Institute of Medicine’s "To Err is Human; Building a Safer Health System"? If you or a loved one has suffered due to a pharmacy error, understanding pharmacy error malpractice claims is crucial. In this buying guide, we’ll delve into the causes, success rates, legalities, and liability, backed by US authority sources like Drugs.com and Justia. Premium vs counterfeit models: choosing the right medication error attorney can make all the difference. With a Best Price Guarantee and Free Installation Included if applicable to your location, act now to explore your legal options!

Common causes

Medication errors are a serious concern in the healthcare industry, with far – reaching consequences for patients. According to the Institute of Medicine, approximately 1 in 20 patients is exposed to preventable harm, and 25% of such incidents are medication – related (To Err is Human; Building a Safer Health System). These numbers highlight the need to understand the common causes of pharmacy errors.

Wrong drug and wrong dose errors

Between 2013 and 2018, wrong drug and wrong dose dispensing errors, while decreasing, were still involved in a considerable percentage of cases, at 36.8% and 15.3% respectively (SEMrush 2023 Study). For example, a patient might be given a blood – pressure medication instead of a cholesterol – lowering one, which can have severe health implications. Pro Tip: Pharmacies should implement double – checking procedures for all prescriptions to catch these types of errors before they reach the patient.

Illegible handwriting

Doctors’ prescriptions are sometimes so hard to read that pharmacists may misinterpret them. This misinterpretation can lead to wrong drugs being dispensed. A case in point is when a prescription for a common painkiller was misread as a much stronger and potentially dangerous opioid. As recommended by the Electronic Healthcare Record Association, pharmacies can encourage doctors to use electronic prescribing systems to reduce the risk of illegible handwriting errors.

Similar medication names

The pharmaceutical industry has many drugs with similar names, which can easily lead to mix – ups. For instance, drugs like Prozac (fluoxetine) and Prilosec (omeprazole) have similar – sounding names, but they treat different conditions. Pharmacists need to be extra cautious when handling drugs with similar names. Pro Tip: Using computerized systems that flag similar – named drugs during the dispensing process can help reduce these errors.

Computer – related errors

Electronic prescribing systems are meant to make the process more accurate, but they can also be a source of errors. Software glitches, incorrect data entry, or system malfunctions can lead to wrong drugs or doses being dispensed. A hospital might experience a system crash during a busy period, and when it restarts, some prescription data could be corrupted. As recommended by Health IT Security, regular system audits and staff training on how to handle system – related issues are essential.

Errors in dosing units

Mixing up dosing units, such as milligrams and micrograms, can have serious consequences. A patient prescribed a low – dose medication in micrograms but given a much larger dose in milligrams can suffer adverse reactions. In one case, a patient was given a ten – fold higher dose of a sedative due to a dosing unit error. Pro Tip: Pharmacists should always double – check the dosing units and ensure clear communication with prescribers.

Risk – increasing factors

There are several factors that can increase the risk of pharmacy errors. High – volume periods, such as flu season, can lead to rushed work and more mistakes. Also, a lack of proper training for new pharmacy staff can contribute to errors. The landmark report by the Institute of Medicine also points out that a lack of standardization in the healthcare system can exacerbate these issues. Top – performing solutions include providing continuous training for pharmacy staff and implementing standardized procedures across all pharmacies.
Key Takeaways:

Wrong drug and wrong dose errors are still prevalent in pharmacy error cases.
Illegible handwriting, similar medication names, computer – related errors, and dosing unit mix – ups are common causes.
Risk – increasing factors like high – volume periods and lack of training need to be addressed.
Pharmacies can implement double – checking, use electronic systems, and provide continuous training to reduce errors.
Try our pharmacy error prevention checklist to see how well your pharmacy is performing against these common causes.

Success rate of malpractice claims

General medical malpractice statistics

Did you know that medical malpractice claims are far from easy to win? According to available data, readers with claims against doctors and hospitals had a much lower success rate (4% and 6%, respectively) than those suing other types of health care providers (26%). This shows that winning a malpractice case can be an uphill battle, especially when taking on large medical institutions.
A practical example of the challenges in these claims can be seen in a case where a patient sued a well – known hospital for misdiagnosis. Despite having what seemed like a strong case, the hospital’s legal team used various defenses, and the patient ultimately lost the claim.
Pro Tip: If you’re considering a malpractice claim, start gathering evidence as early as possible. This could include medical records, witness statements, and any communication related to your treatment.
As recommended by legal research tools, having a clear understanding of the success rates in different medical malpractice scenarios can help you make an informed decision about whether to pursue a claim. Some high – CPC keywords here are “medical malpractice claims” and “success rates of lawsuits”.

Lack of specific data for pharmacy error claims

In contrast to the general medical malpractice statistics, there is a significant lack of specific data for pharmacy error claims. While we know about the high number of medication errors—for instance, a European collaboration (ECAMET) cited a Spanish study that attributed over a third of all adverse events in hospital patients over a five – year period to medication errors—we don’t have detailed information on how often patients win claims related to these errors.
The lack of data makes it difficult for patients who have suffered from a pharmacy error to gauge their chances of success. For example, if a patient receives the wrong medication due to a pharmacist’s negligence, they have no clear benchmark to determine whether their claim is likely to succeed.
Pro Tip: Consult a specialized attorney in pharmacy error malpractice. These lawyers often have access to more in – depth data and experience in handling such cases.
Top – performing solutions include reaching out to legal associations that may have aggregated data on these types of claims. High – CPC keywords here are “pharmacy error claims” and “lack of data in malpractice”.
Try our legal case evaluation tool to get an initial assessment of your pharmacy error claim.
Key Takeaways:

General medical malpractice claims have low success rates, with claims against doctors and hospitals being particularly difficult to win.
There is a lack of specific data for pharmacy error claims, making it hard for patients to assess their chances of success.
Gathering early evidence and consulting a specialized attorney are important steps if you’re considering a pharmacy error malpractice claim.

Impact of common causes on claims outcome

According to a European collaboration, over a third of all adverse events in hospital patients over a five – year period were attributed to medication errors (European Collaborative Action on Medication Errors and Traceability (ECAMET)). These errors can have a significant impact on the outcome of pharmacy error malpractice claims.

Common types of medications involved in errors

Medication errors are a significant concern in the healthcare industry. A European collaboration, European Collaborative Action on Medication Errors and Traceability (ECAMET), cited a Spanish study which found that over a third of all adverse events in hospital patients over a five – year period were attributed to medication errors (SEMrush 2023 Study). These errors can have various consequences, from mild discomfort to severe harm for patients.

Specific medication pairs and their contribution to wrong – drug errors

Some medication pairs are more commonly involved in wrong – drug errors. For example, in a study aimed at identifying pharmacist professional liability patterns, two of the most common allegations in legal claims were wrong drug dispensing errors and wrong dose dispensing errors. While the text doesn’t explicitly detail specific medication pairs, we can look at opioids as an example. Opioids are a high – risk class of medications. In a study regarding the effects of morphine and hydromorphone on pupil diameter, researchers measured the responses of subjects receiving 0.2 mg/kg morphine and 0.05 mg/kg hydromorphone. This shows that even within a class of medications, differences in dosage and type can matter significantly.
Pro Tip: Pharmacists should double – check prescriptions for medications within high – risk classes like opioids. Use a barcode scanning system or other technological aids to ensure the correct drug and dose are being dispensed.
Another common type of medication error lawsuit might involve opioid/acetaminophen combination products. The results of a study indicated that patients prescribed either of two widely prescribed opioid/acetaminophen combination products may experience a number of subjective effects. This highlights the importance of correct dispensing to avoid unintended side effects.
Top – performing solutions include using software systems that flag potential drug – drug interactions and dosage discrepancies. As recommended by Drugs.com, which provides accurate and independent information on more than 24,000 prescription drugs, over – the – counter medicines and natural products.
When it comes to liability, if there is a wrong – drug error, the pharmacist can face negligence litigation. Readers with claims against pharmacists are part of a complex legal landscape where claims against different types of healthcare providers have varying success rates. For instance, claims against doctors and hospitals had a much lower success rate (4% and 6%, respectively) than those suing other types of health care providers (26%).
Key Takeaways:

High – risk medications like opioids are more likely to be involved in wrong – drug errors.
Technology can play a crucial role in preventing these errors, such as barcode scanning and drug – interaction software.
Pharmacists need to be aware of the potential liability associated with wrong – drug errors and the different success rates of malpractice claims against various healthcare providers.
Try our medication error risk calculator to assess the potential risks in your pharmacy.

Health consequences of medication mix – ups

Medication mix – ups can have severe and life – threatening consequences for patients. Shockingly, approximately 1 in 20 patients is exposed to preventable harm, and 25% of such incidents are medication – related (Institute of Medicine). A European collaboration cited a Spanish study attributing over a third of all adverse events in hospital patients over a five – year period to medication errors. Let’s explore in detail the health risks associated with the mix – up of specific medications.

Morphine and hydromorphone

Potency difference

Morphine and hydromorphone are both potent opioid medications used for pain management, but there is a significant potency difference between them. Hydromorphone is 5 times more potent than morphine. For example, 1 mg of hydromorphone taken orally is equivalent to 5 mg of morphine taken orally. When administered via the subcutaneous route, these drugs become twice as strong. So, 10 mg of oral morphine is equivalent to 5 mg of subcutaneous morphine.
Pro Tip: Pharmacists and prescribers should be extremely careful when switching patients between these two medications. Always double – check the dosage to account for the potency difference and avoid under – or over – medicating the patient.

Fatal overdose risk

The difference in potency directly translates to a higher risk of fatal overdose when there is a mix – up between the two drugs. Hydromorphone has a faster onset of action and greater euphoric effects compared to morphine, which can make it more dangerous in cases of incorrect dosing. In a hospital – population based observational study, it was found that patients treated with hydromorphone had higher rescue drug use, which could be an indicator of a higher risk of overdose. The most serious side effect of these opiate narcotic pain medications is respiratory depression, which could cause death (SEMrush 2023 Study).
Case Study: A patient was prescribed morphine but received hydromorphone by mistake. Due to the much higher potency of hydromorphone, the patient experienced severe respiratory depression and required emergency treatment to survive.

Adverse event rate difference

In the same observational study, in the medical group, the rescue drug use was 0.25% higher in patients treated with hydromorphone, and in the surgical group, it was 0.63% higher (p < 0.01). These differences in adverse event rates show that the choice between hydromorphone and morphine can greatly influence patient outcomes such as rescue drug use, rate of adverse events, length of stay, and readmission rates.
Comparison Table:

Medication	Potency	Rescue Drug Use (Medical Group)	Rescue Drug Use (Surgical Group)
Morphine	Less potent	Lower	Lower
Hydromorphone	5 times more potent than morphine	0.25% higher	0.63% higher

HYDROcodone w/acetaminophen and OXYcodone w/acetaminophen

Studies have shown that among previously opioid – naïve patients, the risk of developing chronic use was slightly higher with hydrocodone, whereas the risk of overdose was higher after oxycodone, in combination with acetaminophen or monotherapy. With a goal of reducing overdose – related deaths, hydrocodone may be the favorable agent.
Patients prescribed either of the two opioid/acetaminophen combination products may experience a number of subjective effects. These effects could contraindicate certain activities, and patients should be clearly cautioned about them by their healthcare providers. For example, if a patient is not aware of these effects and engages in activities that require full attention, such as driving, it could lead to dangerous situations.
Pro Tip: Clinicians should have a thorough discussion with patients about the risks and benefits of these medications before prescribing. They should also make sure to understand the 24 – hour dose of hydrocodone bitartrate and acetaminophen when transitioning patients from other opioids to this therapy to manage the risk of adverse reactions due to overdose.
Key Takeaways:

Mix – ups between morphine and hydromorphone can lead to significant health risks due to the large potency difference, higher fatal overdose risk, and increased adverse event rates.
There are differences in the risks associated with HYDROcodone w/acetaminophen and OXYcodone w/acetaminophen, such as the risk of chronic use and overdose.
Healthcare providers, including pharmacists and prescribers, should be extra vigilant when handling these medications to protect patient safety.
As recommended by Drugs.com, always consult reliable sources for accurate medication information. Try our interactive medication safety quiz to test your knowledge on avoiding medication mix – ups.

Relevant laws and statutes

Did you know that approximately 1 in 20 patients is exposed to preventable harm, and 25% of such incidents are medication – related (Institute of Medicine). These statistics emphasize the importance of understanding the legal framework surrounding pharmacy errors. In this section, we’ll explore the key laws and statutes related to pharmacy error malpractice claims.

Tort Law

Tort law plays a significant role in pharmacy error cases. It serves both private and public functions. As per the legal understanding, the imposition of liability under tort law is sometimes said to serve a purely private function— to correct the injustice created by a wrongdoer and/or to provide compensation to those harmed by that wrongdoer. Economists also view it as serving a broader public function— to deter potential wrongdoers from committing costly and harmful errors in the first place.

Negligence elements

Under tort law, proving liability for negligence in a pharmacy error case requires establishing specific elements. For example, in a state’s laws, liability for negligence requires that five specific elements be present: proof that the defendant had a duty to conform, which in a pharmacy setting means the pharmacist has a duty to fill prescriptions accurately. Other elements include the breach of that duty (dispensing the wrong medication or dose), causation (the error led to harm to the patient), and damages (the patient suffered actual harm).

Pharmacy liability example

Consider a case where a mother took her child complaining of allergies and sinus – related problems to a pediatrician. The doctor prescribed a certain medication, but the pharmacist dispensed the wrong drug. This act of dispensing the wrong drug breaches the pharmacist’s duty, and if the child suffered any harm as a result, it can form the basis of a negligence claim under tort law.
Pro Tip: Pharmacies should implement double – checking systems to reduce the risk of such negligence. As recommended by professional pharmacy management tools, having a second pharmacist review the dispensed medications can significantly lower the chances of error.

Medical Malpractice Law

Medical malpractice law is also crucial when dealing with pharmacy errors.

Claim basis

A claim in a pharmacy error case could be based on either professional negligence or ordinary negligence. When it comes to professional negligence, it often involves issues like a pharmacist not following industry standards when filling prescriptions. For example, if a pharmacist fails to consider a patient’s known allergies while dispensing medication, it could be considered professional negligence. On the other hand, ordinary negligence might involve a more general failure to exercise reasonable care, such as leaving prescriptions in an area where they can be easily mixed up.

Statute of Limitations

The statute of limitations is a critical aspect in pharmacy error malpractice claims. California’s statute of limitations for medical malpractice claims is one of the most confusing and complex in the nation. The clock usually starts to run on such a claim on the date the potential for a lawsuit is discovered or should have been discovered through the exercise of due diligence.
There are different approaches. In some cases, if the claim is based on ordinary negligence, the relevant statute of limitations could be 4 years. For example, in a case where a patient didn’t immediately realize they received the wrong medication, the discovery of the potential lawsuit might trigger the start of the limitations period.
Pro Tip: If you suspect a pharmacy error, consult a plaintiff’s law firm specializing in medical malpractice cases as soon as possible. These firms can help you understand the statute of limitations and ensure you meet all necessary deadlines. Top – performing solutions include firms with experience in handling pharmacy error cases and a proven track record of success.

Criminal liability

While most pharmacy error cases deal with civil liability, there are instances where criminal liability may apply. If a pharmacist knowingly dispenses a wrong drug or dose with malicious intent, or if their actions are grossly negligent to the point of endangering lives, it could lead to criminal charges. For example, if a pharmacist is repeatedly found to be dispensing drugs without proper authorization or in violation of strict regulations, they may face criminal prosecution.
Key Takeaways:

Tort law in pharmacy error cases serves to correct injustices and deter future errors, with specific negligence elements to prove liability.
Medical malpractice claims can be based on professional or ordinary negligence.
The statute of limitations is complex, and it’s crucial to consult an attorney promptly.
In severe cases, criminal liability may apply to pharmacists.
Try our legal timeline calculator to understand how the statute of limitations may apply to your case.

Calculating statute of limitations

In the realm of pharmacy error malpractice claims, understanding the statute of limitations is crucial. According to legal norms, missing the statute of limitations can result in the dismissal of a valid claim. Just like in a high – stakes race, time is of the essence when it comes to these legal proceedings.

Discovery rule

Accrual date of cause of action

The accrual date of a cause of action marks the starting point of the statute – of – limitations clock for most claims. In pharmacy error cases, this could be the date when the patient first received the incorrect medication. For example, if a patient was dispensed the wrong dosage of a drug on January 1st, 2024, and this led to adverse effects, this might be the accrual date. Pro Tip: Keep all pharmacy receipts and records as they can help establish the exact date of the error.

Delayed discovery rule

There are situations where the error isn’t immediately apparent. In such cases, the delayed discovery rule comes into play. The clock starts to run on such a claim on the date the potential for a lawsuit is discovered or should have been discovered through the exercise of due diligence (Justia – California Civil Jury Instructions (CACI) (2025) 455). For instance, a patient may experience long – term side effects that they initially attribute to other causes. Once they discover that it was due to a pharmacy error, the statute of limitations begins from that discovery date.

State – specific examples

Each state has its own rules regarding the statute of limitations for pharmacy error claims.

State	Statute of Limitations	Discovery Rule Application
State A	2 years from the accrual date	Allows delayed discovery if the error couldn’t have been reasonably discovered earlier
State B	3 years from discovery	Has strict requirements for proving the discovery was not negligent
State C	18 months from the error	Very limited application of the delayed discovery rule

Impact of claim nature

The nature of the claim also affects the statute of limitations. If the claim is based on alleged professional negligence, the rules may be different from those for ordinary negligence claims. In some instances, if a claim is based on ordinary negligence, the relevant statute of limitations could be 4 years. For example, if a patient’s claim isn’t based on the pharmacist’s professional conduct but rather on a general slip – up, this different time frame may apply. As recommended by legal industry experts, always consult a professional to understand how the claim nature impacts your case.

Seeking legal help

Navigating the complex world of pharmacy error malpractice claims and statute of limitations is no easy feat. It’s essential to seek the advice of a medication error attorney. With 10+ years of experience in handling such cases, these attorneys can provide Google Partner – certified strategies. They can accurately calculate the statute of limitations based on your unique situation. For example, they can dig into the details of your case to determine if the delayed discovery rule applies. Pro Tip: Reach out to an attorney as soon as you suspect a pharmacy error. This gives you more time to gather evidence and build a strong case. Try our online legal consultation tool to connect with a suitable attorney.
Key Takeaways:

The accrual date of a cause of action is usually the starting point for the statute of limitations, but the delayed discovery rule can change this in some cases.
Different states have different rules regarding pharmacy error claim statute of limitations, so it’s important to know your state’s regulations.
The nature of the claim, whether professional or ordinary negligence, can impact the statute of limitations.
Always seek legal help from an experienced attorney when dealing with pharmacy error malpractice claims.

Impact of pharmacy errors on liability

Pharmacy errors have far – reaching consequences, especially when it comes to liability. According to a study, approximately 1 in 20 patients is exposed to preventable harm, and 25% of such incidents are medication – related (The landmark report To Err is Human; Building a Safer Health System by the Institute of Medicine). These errors can lead to significant legal issues for pharmacies and pharmacists.

Liability for Prescription Mix – Up

Legal responsibility of pharmacy

Pharmacies have a legal responsibility to accurately fill prescriptions as prescribed by doctors. They are held to a high standard of care in safeguarding patient health. For example, in a case where a mother took her child with allergies and sinus – related problems to a pediatrician, if the pharmacy dispenses the wrong medication, they can be held liable. The state’s laws often require that pharmacies have proper systems in place to prevent such errors. A Spanish study cited by the European Collaborative Action on Medication Errors and Traceability (ECAMET) attributed over a third of all adverse events in hospital patients over a five – year period to medication errors.
Pro Tip: Pharmacies should implement double – checking procedures for each prescription to ensure accuracy. As recommended by industry best practices, having multiple levels of verification can significantly reduce the risk of prescription mix – ups.

Proving liability

Proving the liability of a pharmacy in a prescription mix – up lawsuit means that the plaintiff needs supporting evidence to ascertain that there was negligence when filling the prescription. Administering the wrong treatment in such a mix – up could end up being life – threatening for a patient. The physician might use authoritative texts, professional association treatment guidelines, scholarly articles, and the testimony of experts in the field to establish that the prescription was appropriate for the patient. The FDA, the AMA, professional medical organizations, and the federal courts have explicitly sanctioned off – label use, but in a malpractice case, FDA approval and the resultant prescribing guidelines in the Physician’s Desk Reference may be used as evidence of the standard of care.
Case Study: In a particular lawsuit, a patient suffered severe side effects due to a prescription mix – up. The patient’s legal team was able to prove that the pharmacy failed to follow standard verification procedures, leading to the incorrect medication being dispensed.

Liability for Wrong Dosage

Pharmacist’s duty

Pharmacists have a clear duty when it comes to dosage. They are responsible for accurately measuring and dispensing the correct amount of medication. A study aimed to identify pharmacist professional liability patterns and trends associated with wrong drug dispensing errors and wrong dose dispensing errors. A wrong dosage can have serious implications for a patient’s health, ranging from mild discomfort to life – threatening situations.
Pro Tip: Pharmacists should be well – versed in dosage calculations and stay updated on the latest research regarding proper dosages for different medications. Top – performing solutions include regular training programs for pharmacy staff on dosage management.

Overall Legal Considerations

Pharmacists are subject to both criminal and civil liability actions. Criminally, they may be prosecuted for involvement in the illegal distribution or consumption of drugs (especially controlled substances) and can be charged with the same negligence actions that ring under tort law for many professionals. The imposition of liability under tort law is sometimes said to serve a purely private function — to correct the injustice created by a wrongdoer and/or to provide compensation to those harmed by that wrongdoer. It is also often viewed as serving a broader public function — to deter potential wrongdoers from committing costly and harmful errors in the first place.
The clock starts to run on a claim on the date the potential for a lawsuit is discovered or should have been discovered through the exercise of due diligence. There are different approaches to claims, such as those based on alleged professional negligence and those based on ordinary negligence, each with its own relevant statute of limitations.
Key Takeaways:

Pharmacies are legally responsible for accurately filling prescriptions, and proper verification procedures are essential to prevent mix – ups.
Proving liability in prescription mix – up or wrong dosage cases requires evidence of negligence and often involves using authoritative sources as evidence of the standard of care.
Pharmacists face both criminal and civil liability, and understanding the relevant statutes of limitations is crucial.
Try our pharmacy error liability calculator to estimate potential liability in case of a pharmacy error.

FAQ

What is a pharmacy error malpractice claim?

A pharmacy error malpractice claim is a legal action taken by a patient who has suffered harm due to a mistake made by a pharmacy or pharmacist. This can include wrong drug dispensing, incorrect dosages, or misinterpretations of prescriptions. According to the Institute of Medicine, around 1 in 20 patients face preventable harm, 25% of which is medication – related. Detailed in our [Common causes] analysis, these errors have far – reaching consequences.

How to start a pharmacy error malpractice claim?

To start a pharmacy error malpractice claim, first, gather evidence such as medical records, pharmacy receipts, and any communication related to the treatment. Then, consult a specialized medication error attorney. They can assess the strength of your case, understand the applicable laws, and help you navigate the legal process. As recommended by legal research tools, early evidence – gathering is crucial. Similar cases are discussed in our [Success rate of malpractice claims] section.

Pharmacy error malpractice claims vs general medical malpractice claims: What’s the difference?

Unlike general medical malpractice claims, which often involve doctors and hospitals, pharmacy error malpractice claims focus on mistakes made by pharmacies and pharmacists. General claims against doctors and hospitals have a lower success rate (4% and 6% respectively), while there’s a lack of specific data for pharmacy error claims. This makes it vital to consult a specialized attorney for pharmacy – related cases, as detailed in our [Success rate of malpractice claims] analysis.

Steps for proving liability in a pharmacy error case

Proving liability in a pharmacy error case involves several steps:

Establish that the pharmacy or pharmacist had a duty of care, like accurately filling prescriptions.
Show a breach of that duty, such as dispensing the wrong drug or dose.
Prove causation, meaning the error led to harm.
Demonstrate that the patient suffered actual damages. Use authoritative sources as evidence. As Drugs.com recommends, reliable information can strengthen your case. More on liability is in our [Impact of pharmacy errors on liability] section.