When a Preventable Drug Mistake Alters Your Life
When prescribed and administered correctly, medication can heal, manage chronic conditions, and improve quality of life. However, even a small error by a healthcare provider can have devastating consequences. At Ostroff Godshall Injury & Accident Lawyers, we represent people and families in Pennsylvania and New Jersey harmed by medicine errors.
Our team brings together extensive medical malpractice, legal experience and deep medical knowledge to uncover what went wrong and to pursue full compensation for our clients.
Understanding Medication Errors
What Is a Medication Error?
A medicine error is a preventable mistake by medical professionals that causes wrong use of a drug or harms a patient while a healthcare worker controls the medicine. These mistakes often constitute medical negligence—violations of the standard of care that lead to injury or death. Each year in the United States, medication errors cause hundreds of thousands of preventable injuries, many with long-term or fatal consequences.
Common Types of Medication Errors
Errors can occur at any stage of the medication process:
- Prescribing Errors
- Incorrect drug selection
- Wrong dosage or frequency
- Failure to account for allergies, drug interactions, or contraindications
- Administration Errors
- Giving wrong medication to the wrong patient
- Using the incorrect route or timing (e.g., IV instead of oral)
- Improper preparation (e.g., not diluting concentrated medications)
- Monitoring Errors
- Failing to check blood levels (e.g., INR for anticoagulants)
- Not recognizing early signs of adverse effects or toxicity
- Neglecting dose adjustments for organ impairment
- Communication & Documentation Errors
- Misinterpreting handwritten or electronic prescriptions
- Inaccurate data entry in medical records
- Failure to communicate medication changes during shift transitions
Who Is Most at Risk?
Certain patient populations are especially vulnerable to medication errors, including:
- Children and infants – require highly specific, weight-based dosing
- Elderly individuals – often take multiple medications and are sensitive to interactions
- Hospitalized patients – face complex treatment plans involving multiple healthcare providers
- Nursing home residents – may experience undertrained staff and inconsistent oversight
Why Medication Errors Happen
While human error plays a role, most medication mistakes are caused by systemic failures, such as:
- Understaffing and overwork
- Poor communication between providers
- Inadequate protocols for allergy and interaction checks
- Gaps in training, supervision, and oversight
These medical errors occur in hospitals, clinics, nursing homes, surgical centers, and home healthcare settings.
High-Risk Environments for Medication Errors
Medication errors can happen anywhere, but are more likely in certain settings:
- Hospitals & Emergency Rooms – Fast paced environments with overlapping responsibilities increase the risk of oversight.
- Nursing Homes & Assisted Living Facilities – Elderly patients are vulnerable, and medication management systems are often flawed.
- Outpatient Clinics & Ambulatory Surgery Centers – Short appointments, incomplete records, and staff turnover contribute to errors.
Severe Outcomes of Medication Errors
The consequences of medication errors can be severe and, in some cases, irreversible:
- Kidney, liver, or cardiac damage
- Stroke, seizures, or brain injury
- Anaphylaxis or other severe allergic reactions
- Coma or wrongful death
- Internal bleeding (especially with blood thinners)
- Toxic overdose or poisoning
- Worsening of the underlying medical condition
Even minor errors can lead to prolonged hospitalization or chronic health complications.
Establishing Liability in a Medication Error Case
Medication error cases require a comprehensive investigation to determine who is responsible. Potentially liable parties may include:
- Physicians or Nurse Practitioners – errors in prescribing, patient evaluation, or dose selection
- Nurses and Medical Staff – mistakes during medication administration
- Hospitals, Clinics, or Surgical Centers – systemic failures or inadequate staff training
- Home Health Agencies – negligence in administration or supervision
- Pharmaceutical Companies – in limited cases, defective drug labeling or manufacturing
At Ostroff Godshall, we work to identify each negligent party and hold them accountable.
What Must Be Proven
To succeed in a medication error lawsuit in Pennsylvania, we must establish:
- Duty of Care – A provider-patient relationship existed
- Breach of Duty – The healthcare provider failed to meet the accepted standard of care
- Causation – The error directly caused injury or harm
- Damages – The injury resulted in measurable losses
Pennsylvania law requires a Certificate of Merit from a qualified medical expert affirming that the case has merit based on a deviation from medical standards.
How We Build Strong, Evidence-Based Cases
Our firm takes a meticulous approach to every case:
- Review of all relevant medical history, charts, and lab results
- Analysis of drug interactions, dosage, and adverse effects
- Consultation with leading experts in pharmacology and internal medicine
- Reconstruction of medication timelines and healthcare provider communications
- Identification of failures in systems, protocols, and supervision
- Interviews with healthcare providers, staff, and witnesses
This investigative in-depth approach allows us to uncover the truth, even when records are missing, altered, or incomplete.
Compensation for Victims of Medication Errors
Economic Damages
- Hospital and emergency medical care expenses
- Ongoing medical treatment, therapy, or rehabilitation
- Loss of income and diminished earning capacity
- Long-term care or assistive devices
Non-Economic Damages
- Pain and suffering
- Loss of enjoyment of life
- Permanent impairment or disfigurement
- Loss of consortium (spousal claims)
Wrongful Death Damages
- Funeral and burial expenses
- Loss of household income and support
- Loss of companionship and parental guidance
Understanding the Statute of Limitations
In Pennsylvania law, most medication error claims must be filed within two years of the date the injury was discovered or reasonably should have been discovered (42 Pa.C.S. § 5524(2)).
Important Exceptions:
- Minors: Time is extended until the victim’s 20th birthday
- Wrongful Death: Two years from the date of death
- Discovery Rule: Applies to injuries with delayed symptoms or misdiagnosis
Time limits are strictly enforced. If you suspect a medication error caused harm, do not delay in seeking legal advice.
Frequently Asked Questions About Medication Errors (FAQ):
Q: My doctor warned me about side effects—do I still have a case?
A: Yes. Informed consent does not excuse negligence. If the injury was caused by an avoidable error, you may still have a valid claim.
Q: What if the nurse administered the wrong dose or wrong medication?
A: That may be grounds for liability. Improper administration—wrong route, timing, or patient—is a common and serious error.
Q: I found out about the mistake weeks later. Is it too late?
A: Not necessarily. The statute of limitations may be extended under Pennsylvania’s discovery rule. Contact an attorney to evaluate your timeline.
Q: The records seem clean. What if there’s no obvious error documented?
A: That’s common. We use expert review, timeline reconstruction, and interviews to uncover mistakes not clearly stated in the record.
Why Clients Trust Ostroff Godshall
Medication error litigation requires precision, persistence, and a firm grasp of complex medical issues. At Ostroff Godshall Injury & Accident Lawyers, we are uniquely equipped to handle these cases from start to finish.
What Sets Us Apart:
- Track record of success in high-stakes medical malpractice claims
- Partnerships with leading pharmacology and clinical experts
- Direct, responsive communication throughout your case
- Trial-ready preparation and strategic negotiation
- No fees unless we recover compensation for you
We advocate for our clients with the same urgency and care we would want for our own families.
Contact a Pennsylvania Medication Error Attorney Today
Medication errors are preventable tragedies. If you or a loved one has been harmed due to medical malpractice caused by a drug mistake, we are here to help you seek justice. Call Ostroff Godshall Injury & Accident Lawyers today for a free, confidential consultation. You can also submit our secure online form—our legal team will contact you promptly to review your case and explain your options.
