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Who Do I Sue for a Medication Error?

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Who Do I Sue for a Medication Error?

Who Do I Sue for a Medication Error?

If you suffered harm from a medication error, then you may not have to pay for the damages you suffered. The question many people have in this situation is who they should sue. This depends on whether the medication error was caused by a medical professional or the medication manufacturing company. Talk to a Wilmington medical malpractice lawyer to learn ways to figure this out.


A medication error is generally considered a preventable event that results in harm to a patient. Some medication errors are minor, while other medication errors are deemed Who Do I Sue for a Medication Error?negligent. Depending on the level of patient harm and negligence involved, this could open the option for filing a medical malpractice lawsuit.

To file a medical malpractice claim, you must know the medical professional responsible and the type of medication error. There are several types of medication errors that can be committed by doctors, nurses, pharmacists, and other medical staff. These medication errors can occur at almost any stage of the treatment process.

First, a medication is prescribed by a doctor. During this phase, multiple things can go wrong. The doctor may fail to assess for symptoms and misdiagnose a medical condition, leading to prescribing the wrong medication. Some doctors have the correct medication in mind but miscommunicate this to other medical professionals through:

  • Illegible handwriting
  • Mixing up similar-sounding medication names
  • Placing the decimal in the wrong area for the dosage
  • Failing to provide enough information
  • Leaving out pertinent details

Nurses and other medical staff may also miscommunicate medication details. By the time the medication information reaches the pharmacy, the wrong details might be provided. However, there are also pharmacy medication errors that include dispensing errors like giving incorrect medication or the wrong dose.

Knowing when you can sue a medical professional is not always easy. Try contacting a Wilmington medical malpractice lawyer to find out.


When you suspect a medication manufacturer could be at fault for the harm you suffered, you might be able to sue them. This involves filing a product liability lawsuit, which requires proving a medication defect. There are three types of product defects in product liability cases:

  • Manufacturing defects
  • Design defects
  • Marketing defects

Manufacturing defects happen during the factory production of the medication. Design defects exist in the original creation of the medication and may result from poor testing or reviewing of the medicine. A design defect can result in all versions of the medication being defective.

Marketing defects can be found on the packaging of the medicine. A lack of safety warnings and instructions for safe use is considered negligent. This means the manufacturing company failed to warn consumers against the dangerous uses of the medication.


You could be eligible for compensation if you suffered harm from a defective medication. Feel free to call Edelstein Martin & Nelson by dialing (302) 295-5050 to speak with a Delaware medical malpractice lawyer today for a free consultation. Our legal team can help you recover from any damages you suffered from medical bills, pain and suffering, and emotional distress. We serve clients in Wilmington, DE.

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