Kevin Etzkorn Law

Your Guide to Prescription Misfill Cases in St. Louis, Missouri

What Is It Called When You Give the Wrong Medication to a Patient?

When a healthcare provider administers or prescribes the wrong medication to a patient, it is known as a medication error or prescription misfill. These errors can occur for various reasons, including incorrect dosage, miscommunication, or dispensing errors.

Is Medication Error Negligence or Malpractice?

Medication errors can constitute both negligence and medical malpractice, depending on the circumstances. Usually, these claims must be brought as medical malpractice suits, which means the injured person must prove a healthcare provider breached the standard of care expected in their profession, leading to harm or injury to the patient.

In Missouri, proving medical malpractice requires demonstrating four key elements: duty of care, breach of duty, causation, and damages. A prescription misfill that results in harm to the patient may meet these criteria and be grounds for a medical malpractice lawsuit.

Medical malpractice involving medication errors is a serious issue that requires understanding your rights and taking appropriate action. Below are some common questions regarding prescription misfills and medical malpractice. We hope that by answering these questions we are empowering you to protect your health and seek justice when needed.

Can You Sue for Being Given the Wrong Medication?

Absolutely. If you’ve been given the wrong medication and suffered harm as a result, you may have grounds for a medical malpractice lawsuit. Healthcare providers have a duty to provide competent care, which includes prescribing and administering the correct medications. When this duty is breached, resulting in injury or adverse effects, patients have the right to pursue compensation for damages through legal action.

What to Do If You Were Prescribed the Wrong Medication?

If you suspect that you’ve been prescribed the wrong medication, it’s essential to take immediate steps to protect your health and legal rights:

  1. Seek Medical Attention: First and foremost, prioritize your health. Consult with a healthcare professional to assess any potential harm caused by the incorrect medication. Your well-being is paramount.
  2. Document Everything: Keep detailed records of the medication you were prescribed, the medication you received, any adverse reactions experienced, and conversations with healthcare providers regarding the error. Documentation will be crucial if you decide to pursue a medical malpractice claim.
  3. Consult a Personal Injury Lawyer: Reach out to a reputable personal injury lawyer in St. Louis who specializes in medical malpractice cases. They can evaluate the circumstances surrounding the prescription misfill, advise you on your legal options, and guide you through the process of seeking compensation.
  4. Know Your Rights: Familiarize yourself with your rights as a patient in Missouri. You have the right to receive competent medical care and to hold negligent healthcare providers accountable for their actions.

How Often do Medication Errors Really Occur? More frequently than people might think. And enough that the New York Times has reported extensively on medication errors at places like CVS and Walgreens. Some pharmacies are severely understaffed. And some expect a level of productivity that very few workers can meet. When people working at pharmacies don’t have help and are filling too many prescriptions, big mistakes are made. Here is a link to one of many New York Times Articles about the problem and the damage caused by it. 


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