📋 What is a Medication Error?

A medication error occurs when a patient receives the wrong drug, wrong dose, wrong route of administration, or experiences a preventable adverse drug reaction due to negligence by a healthcare provider. These errors can occur at any stage: prescribing, transcribing, dispensing, administering, or monitoring.

Types of Medication Errors

💊 Wrong Drug Dispensed

Pharmacy dispenses incorrect medication due to similar drug names (e.g., Celebrex vs. Celexa), similar packaging, or misread prescriptions

🔢 Wrong Dosage

Incorrect strength prescribed or dispensed (10mg vs. 100mg), wrong number of pills, or miscalculated dosing for weight/age

⚠ Drug Interactions

Failure to identify dangerous interactions between multiple medications, contraindications, or allergies in patient's medical history

📅 Wrong Frequency/Duration

Incorrect instructions for how often to take medication or for how long, leading to overdose or therapeutic failure

Who Can Be Liable?

Medication error claims can be brought against multiple parties depending on where the error occurred:

🩺 Prescribing Physician

Liable for prescribing wrong drug, wrong dose, failing to check patient allergies, or missing contraindications

🏪 Pharmacist

Liable for dispensing wrong medication, failing to verify prescription accuracy, not counseling on interactions

🏥 Pharmacy (Employer)

Vicariously liable for employee errors; directly liable for understaffing, inadequate systems, or training failures

🏫 Hospital/Nursing Staff

Liable for administration errors: wrong patient, wrong route, wrong time, or failure to monitor for adverse reactions

⚠ Pharmacist vs. Prescriber Liability

California law imposes independent duties on pharmacists. A pharmacist cannot simply blame the prescriber for an error. Under Business & Professions Code Section 4306.5, pharmacists have a duty to:

  • Review the patient's medication profile for potential interactions
  • Verify prescription accuracy and appropriateness
  • Consult with the prescriber if concerns arise
  • Refuse to fill a prescription that poses a clear danger to the patient

👍 Common Medications Involved in Errors

  • Anticoagulants (warfarin, heparin) - narrow therapeutic index, serious bleeding risk
  • Insulins - wrong type or dose can cause fatal hypoglycemia
  • Opioids - overdose risk, respiratory depression
  • Chemotherapy agents - serious toxicity if overdosed
  • Look-alike/Sound-alike drugs - Hydroxyzine/hydralazine, metformin/metronidazole

✅ Medication Error Claim Checklist

Use this checklist to gather the evidence and documentation needed to support your medication error demand letter.

📋 Medical Records

  • ✓ Complete pharmacy records showing what was dispensed
  • ✓ Original prescription from the prescribing physician
  • ✓ Hospital/ER records if you were treated for the error
  • ✓ Medication bottles, labels, and packaging (photograph and preserve)

🔬 Evidence of Error

  • ✓ Photos of wrong medication dispensed vs. what was prescribed
  • ✓ Lab results showing drug levels or adverse effects
  • ✓ Pharmacy call logs if you reported the error
  • ✓ Patient medication profile from pharmacy

💰 Damages Documentation

  • ✓ All medical bills for treatment of the error
  • ✓ Proof of lost wages (pay stubs, employer letter)
  • ✓ Documentation of ongoing medical treatment needs
  • ✓ Pain diary documenting symptoms and suffering

📧 Demand Letter Requirements

  • ✓ Identify all potentially liable parties (prescriber, pharmacist, pharmacy)
  • ✓ Send 90-day notice to each healthcare provider
  • ✓ Use certified mail with return receipt
  • ✓ Retain copies of all correspondence

🚨 Preserve All Evidence

Do NOT throw away the medication bottles, pills, or packaging. Photograph everything immediately. The physical evidence is crucial for proving what was actually dispensed versus what was prescribed. Store medication in a safe place and inform your attorney.

💰 Recoverable Damages

Medication error victims in California can recover both economic and non-economic damages. However, non-economic damages are subject to MICRA caps.

Damage Type Examples Cap?
Past Medical Expenses ER visits, hospitalization, corrective treatment, diagnostic testing No Cap
Future Medical Costs Ongoing treatment for permanent injury, rehabilitation, medications No Cap
Lost Wages Time missed from work during treatment and recovery No Cap
Loss of Earning Capacity Reduced ability to work due to permanent effects of medication error No Cap
Pain and Suffering Physical pain, emotional distress, anxiety, PTSD MICRA Cap: $357K (2024)
Loss of Enjoyment of Life Inability to participate in activities you previously enjoyed MICRA Cap: $357K (2024)

📊 Sample Damages Calculation

Example: Wrong Anticoagulant Dosage Leading to Internal Bleeding

Emergency room treatment $45,000
ICU stay (5 days) $125,000
Blood transfusions and surgery $85,000
Follow-up care and monitoring $25,000
Lost wages (8 weeks recovery) $18,000
Total Economic Damages $298,000
Pain and suffering (CAPPED) $357,000
TOTAL RECOVERABLE $655,000

Wrongful Death from Medication Error

If a medication error causes death, family members may bring a wrongful death claim. Under AB 35, the non-economic damages cap for wrongful death cases is higher:

  • 2024: $510,000
  • 2025: $520,200
  • 2033: $1,000,000

💡 Multiple Defendants May Increase Recovery

If both the prescribing physician AND the dispensing pharmacist are liable, each may be subject to separate MICRA caps in some circumstances. Consult with an attorney about structuring claims against multiple parties.

📝 Sample Demand Letter Language

Use these sample paragraphs to draft your medication error demand letter. Customize the highlighted portions for your specific situation.

90-Day Notice Opening
NOTICE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 364

Dear [PHARMACY/PHARMACIST NAME]:

Please take notice that pursuant to California Code of Civil Procedure Section 364, [PATIENT NAME] intends to commence legal action against you for professional negligence arising from a medication dispensing error. This notice is being provided at least 90 days before the filing of said action as required by law.
Wrong Drug Dispensed - Factual Background
On or about [DATE], Dr. [PRESCRIBER NAME] issued a prescription for [CORRECT DRUG NAME AND DOSAGE] to treat [PATIENT NAME]'s [MEDICAL CONDITION]. The prescription was submitted to [PHARMACY NAME] located at [ADDRESS].

Instead of dispensing the prescribed medication, [PHARMACY NAME] negligently dispensed [WRONG DRUG NAME AND DOSAGE]. The medication bottle was incorrectly labeled as [CORRECT DRUG], causing [PATIENT NAME] to unknowingly take the wrong medication for [TIME PERIOD].
Drug Interaction Error - Legal Basis
Under California Code of Regulations, Title 16, Section 1707.2, pharmacists are required to conduct a Drug Utilization Review (DUR) before dispensing any prescription medication. This review must include screening for drug-drug interactions that may pose a danger to the patient.

[PATIENT NAME]'s medication profile on file with [PHARMACY NAME] clearly showed that they were taking [EXISTING MEDICATION]. The combination of [EXISTING MEDICATION] with [NEWLY DISPENSED MEDICATION] is a well-documented dangerous interaction that [DESCRIBE EFFECT - e.g., "significantly increases the risk of bleeding"]. A reasonably competent pharmacist would have identified this interaction and either refused to fill the prescription or contacted the prescriber before dispensing.
Wrong Dosage - Causation and Injuries
As a direct and proximate result of receiving [WRONG DOSAGE, e.g., "10 times the prescribed dose"] of [MEDICATION], [PATIENT NAME] suffered [DESCRIBE INJURIES - e.g., "acute toxicity requiring emergency hospitalization, including seizures, organ damage, and a five-day ICU stay"].

These injuries were entirely preventable. Had the pharmacist at [PHARMACY NAME] properly verified the prescription dosage against standard dosing protocols, or had they questioned the obviously excessive dosage with the prescribing physician, this medication error would not have occurred.
Damages Summary
[PATIENT NAME] has incurred the following damages as a result of this medication error:

Economic Damages:
- Emergency medical treatment: $[AMOUNT]
- Hospitalization and ongoing care: $[AMOUNT]
- Lost wages: $[AMOUNT]
- Future medical expenses (estimated): $[AMOUNT]

Non-Economic Damages:
[PATIENT NAME] has experienced significant physical pain, emotional distress, fear, anxiety, and loss of enjoyment of life. The full extent of these damages will be proven at trial, subject to the limitations of Civil Code Section 3333.2.

Total Demand: $[TOTAL AMOUNT]
Closing and Preservation Notice
We demand that you preserve all records related to this matter, including but not limited to: prescription records, patient medication profiles, Drug Utilization Review logs, pharmacist work schedules, training records, incident reports, quality assurance records, and any internal communications regarding [PATIENT NAME] or this medication error.

Please forward this notice to your professional liability insurance carrier immediately. We are willing to discuss pre-litigation resolution within the 90-day notice period. If we do not receive a substantive response within 30 days, we will proceed with filing a complaint in the appropriate California Superior Court.

This notice tolls the statute of limitations for 90 days pursuant to CCP Section 364.

🚀 Next Steps

After experiencing a medication error, taking prompt action is essential to protect your health and your legal rights.

Immediate Steps After a Medication Error

Step 1: Seek Medical Attention

If you suspect a medication error, seek immediate medical attention. Bring the medication bottle and any remaining pills to the ER or urgent care.

Step 2: Preserve Evidence

Photograph the medication, bottle, and label. Do not throw anything away. Keep all pharmacy receipts and documentation.

Step 3: Report the Error

Report the error to the pharmacy and request a copy of your medication profile. Consider filing a complaint with the California Board of Pharmacy.

Step 4: Request Records

Obtain copies of the original prescription, pharmacy dispensing records, and all medical records related to the injury from the error.

Step 5: Consult an Attorney

Contact a medical malpractice attorney experienced in medication error cases. Most offer free consultations and work on contingency.

Filing a Board of Pharmacy Complaint

You can file a complaint with the California State Board of Pharmacy, which may investigate and take disciplinary action against the pharmacist or pharmacy:

  • Online: pharmacy.ca.gov - File a complaint
  • Phone: (916) 574-7900
  • Mail: California State Board of Pharmacy, 2720 Gateway Oaks Drive, Suite 100, Sacramento, CA 95833

⚠ Board Complaint vs. Lawsuit

A Board of Pharmacy complaint may result in discipline against the pharmacist but does NOT provide you with monetary compensation. To recover damages, you must pursue a civil lawsuit or settlement. The two processes are separate but can proceed simultaneously.

🚨 Act Quickly - Time Limits Apply

Remember the statute of limitations:

  • 1 year from when you discovered (or should have discovered) the error
  • 3 years absolute limit from the date of the error
  • The 90-day pre-suit notice tolls these deadlines, so send notice promptly

Get a Free Case Evaluation

Medication error cases require expert analysis to prove liability. Get a free consultation with an experienced California medical malpractice attorney.

Free Consultation

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