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Physician Liability for Medication Errors

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Physician Liability for Medication Errors

Physician Liability for Medication Errors

Medication errors can lead to harmful and sometimes life-threatening effects. Whether the wrong dosage or medication was filled, the effects can often be serious. When you suffer serious side effects of a medication, you might be wondering who to sue. All you have to do is explain your situation to a Wilmington medical malpractice lawyer who can help you figure out who is at fault.


The hard part about medication errors is determining who caused the medication error. Medications go through a multi-step process starting with an evaluation by Physician Liability for Medication Errorsthe doctor concerning which medication is needed. Physicians also determine the brand of medication, dosage levels, frequency of use, and how long the medication will be taken.

Once this step is complete, the doctor hands over the prescription information to you, an office clerk, or the nurse. This information might be sent by office workers themselves to the pharmacy. Other scenarios may involve the patient taking the written prescription directly to the pharmacist.

Then the pharmacist has to take steps to dispense the medication in the correct manner and provide this to the patient. Pharmacists might be required to consult with the patient about potential side effects and what to do. Once warned about side effects, patients are expected to return to the doctor if something strange happens with the medication.

A medication error can occur at any of these stages. It becomes your job to figure out when the medication error may have occurred or who may have committed the error. Common medication errors committed by doctors include:

  • Prescribing the wrong medicine
  • Ordering the wrong dosage
  • Confusing medication names with each other
  • Misdiagnosis leading to prescribing the wrong medicine
  • Not asking about allergic reactions
  • Failing to assess for adverse medication interactions
  • Ignoring medical history or past reactions to medications

Doctors may also be held liable for failing to follow up with patients about medication side effects or complaints. A doctor who ignores the adverse side effects caused by a medication could be considered negligent.


You will need to file a medical malpractice lawsuit to sue for a medication error. If you suspect your doctor was at fault, then you would sue your doctor. To do this, you must prove damages, the patient-doctor relationship, a breach of duty, and an injury caused by this breach.

Negligence is the key factor to prove in a lawsuit. This means proving the error committed by the doctor was reckless or careless. Failing to take action and acting recklessly both count as negligence. Try contacting a Wilmington malpractice lawyer to find out what evidence you need to prove your lawsuit.


Going up against medical professionals with a lawsuit can feel intimidating. Feel free to ask a Delaware medical malpractice lawyer what your legal options are. Contact Edelstein Martin & Nelson today at (302) 295-5050 for a free consultation. Our legal team might be able to help you obtain compensation for your lost wages, pain and suffering, and lost wages. We serve clients in Wilmington, DE.

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