What is a medication error?
A medication error is a preventable mistake in prescribing, dispensing, or administering a drug — wrong drug, wrong dose, dangerous interaction, or ignoring a documented allergy. Liability can fall on the prescribing physician, the pharmacist who filled it, the nurse who administered it, or the hospital.
Who is liable for a prescription error?
It depends where the error occurred. A prescriber is liable for the wrong drug or dose; a pharmacist for a dispensing or interaction-check failure; a nurse or hospital for an administration error. Often more than one party shares fault, and each may carry separate insurance (in Canada, the CMPA for physicians and separate pharmacy insurers).
How do I prove a medication error caused my injury?
You need the prescription record, pharmacy dispensing log, medication administration record (MAR), and a pharmacology or medical expert to link the specific error to your adverse reaction, overdose, or organ damage. Causation must be established, not merely a bad reaction.
Are punitive damages available for medication errors?
Rarely, and only for egregious conduct such as knowingly dispensing a contraindicated drug or falsifying records. Most recoveries are compensatory — economic losses plus pain and suffering. US states with non-economic caps limit the pain-and-suffering portion.