Filing a Claim for Medication Errors and Prescription Mistakes

Prescription medications are meant to help us heal, but when something goes wrong, the results can have the opposite effect. A simple mistake in prescribing, filling, or administering medication can lead to severe health consequences, extended hospital stays, or even death.

If you or a loved one suffered harm due to a medication mix-up, you may be considering your legal options. This guide explains how prescription error claims work in Maryland, when a prescription error lawsuit may be appropriate, and how a medical malpractice lawyer can help you pursue compensation.

What Is a Prescription Error?

A prescription error is a preventable mistake in prescribing, dispensing, or administering medication. These errors can happen at any point in the healthcare process, whether at a doctor’s office, hospital, or pharmacy. An error can result in the wrong drug, incorrect dosage, or inappropriate instructions being given to the patient. When a healthcare provider fails to act with the expected level of care and that failure leads to harm, the patient may have grounds for a medical malpractice claim. In Maryland, these claims follow specific legal procedures.

Common Types of Prescription Mistakes

These errors occur more frequently than most patients realize. Some of the most common examples include:

• Prescribing a medication that conflicts with a known allergy or existing prescription,
• Giving the wrong dosage or strength,
• Confusing drugs with similar names or packaging,
• Filling a prescription intended for another patient, and
• Administering the medication via the wrong method or route.

Even what seems like a small misstep can result in serious consequences, especially for children, elderly patients, or individuals with chronic conditions.

When Can You File a Prescription Error Lawsuit in Maryland?

To pursue a valid prescription error lawsuit, you must show that the mistake resulted from negligence and caused measurable harm. Typically, a claim requires proving four elements under Maryland malpractice law:

• Duty of care—the healthcare provider or pharmacist owed you a legal duty to follow accepted medical standards;
• Breach of duty—that provider failed to meet the proper standard of care through a mistake or oversight;
• Causation—the error directly caused or worsened your condition; and
• Damages—you incurred actual losses, such as medical costs, lost wages, or pain and suffering.

A skilled attorney can help collect medical records, consult with independent experts, and assess whether your situation meets these requirements. Our team is well-versed and experienced in prescription error lawsuits and can help you identify if you have a valid claim.

What Compensation Can You Recover in a Prescription Error Claim?

A successful claim may allow you to recover compensation for a wide range of financial and personal losses. These include:

• Medical expenses. Costs for emergency treatment, follow-up visits, additional medication, surgeries, or hospitalization caused by the error can be recouped in a claim.
• Lost wages. If you missed work or cannot return to your job, you can seek compensation for that loss.
• Pain and suffering. Prescription mistakes often lead to intense physical discomfort, psychological stress, and emotional hardship.
• Long-term consequences. In serious cases, medication errors result in permanent disabilities, chronic conditions, or the need for lifelong care.

An attorney will help you document the full scope of your damages and fight for an amount that reflects your total losses, not just what the insurance company is willing to offer.

What Should You Do If You Suspect a Prescription Error?

If you believe you have been harmed by a medication error, act quickly to protect your health and legal rights. Recommended steps include:

• Get medical help immediately. Address the health consequences of the mistake as soon as possible and ensure your treatment is documented.
• Preserve evidence. Keep the medication bottle, label, packaging, and any written instructions.
• Request medical records. These will help document the initial prescription and what went wrong.
• Avoid speaking to insurers. Do not agree to recorded statements or early settlements without legal advice.
• Contact an attorney. A lawyer experienced in Maryland prescription error claims can evaluate your case and guide you in your next steps.

The sooner you take action, the better your chances of building a strong case and preventing delays that could hurt your claim.

Understanding Maryland’s Medical Malpractice Rules

Prescription errors in Maryland are considered a type of medical malpractice, and they must meet specific procedural requirements:

• Certificate of qualified expert. Within 90 days of filing your claim, Maryland law requires that you submit a certificate from a medical expert confirming that a breach of care occurred.
• Statute of limitations. In most cases, you must file your lawsuit within three years of the injury being discovered, but no later than five years after the error.
• Cap on noneconomic damages. Maryland limits recovery for pain and suffering in malpractice cases. 

These requirements can be complex and strictly enforced, which is why it is so important to work with a knowledgeable attorney.

How an Attorney Can Help with a Prescription Error Claim

Medical error cases are not just about proving that something went wrong. You must show how that mistake caused specific harm and why the responsible party should be held accountable. At Southern Maryland Law, we help clients by:

• Investigating the chain of events that led to the error;
• Identifying which individuals or institutions may be legally liable;
• Gathering medical records, prescriptions, and pharmacy documentation;
• Working with medical experts to support your claim; and
• Negotiating with insurers or preparing your case for trial.

We handle all communications with healthcare providers, insurers, and opposing attorneys so you can focus on recovery.

Contact Southern Maryland Law Today

Prescription errors are preventable. If you or someone in your family was harmed by a medication mistake, Southern Maryland Law is here to help. We have served injured clients throughout Waldorf, La Plata, and Southern Maryland for over 40 years and know how to pursue justice in complex medical cases.

We offer free consultations and only get paid if we win. Let our team help you determine if you have a valid prescription error claim and guide you through every step of your case.