Can I File a Lawsuit for a Medical Malpractice?

Hospitals, medical practitioners, and pharmaceutical companies can be responsible if you sustain injuries due to medical malpractice; thus, you are entitled to compensation.

Here is all you need to understand about medical malpractice lawsuits.

What are the possible prescription drug errors?

There are several prescription drug errors you can encounter, such as :

  •         Wrong medication or dosage

The physicians and nurses are responsible for giving proper medication depending on your condition. They can, however, fail to provide the proper medication due to various reasons like wrong documentation and recording.

Wrong administration of the drug is another concern. For example, a drug that is to be injected into the muscle will affect the body when injected into the bloodstream.

A physician can also be held liable for wrong spelling and lousy handwriting, leading to the wrong prescription.

  •         Prescribing harmful medication

It’s the pharmacist’s role to prescribe you error-free drugs. They should understand your allergies and establish whether you are taking other drugs.

The pharmacist is liable if they fail to establish facts and prescribe harmful medication.

  •         Lack of warning for side effects

Various drugs come with side effects which the physician must inform you about. The nurse should advise on the side effects and proper eating habits when taking the given medication.

  •         Mislabeling medication

Mislabeling medication can cause wrong medication or dosage. The pharmacist must ensure correct labeling before handing you the medication.

  •         Administering medication to the wrong person

A pharmacist error can lead to a patient receiving medication that was meant for someone else.

Who is Liable for Medication Errors Injuries?

The liable party in case of an injury resulting from medication errors varies depending on the circumstances. The possible liable parties include;

  •         Nurses and other medical workers

The nurses and other medical workers are responsible for proper dosage and correct administration. They are liable for wrong medication and dosage resulting from their failure.

  •         Prescribing doctor

A doctor is responsible for the resulting injuries if they prescribe the wrong medication or dosage. The doctor is also liable if they misspell the drug or use bad handwriting leading to wrong medication.

  •         Pharmacists

A pharmacist is liable if they give you the wrong dosage and wrong labelled medication.

  •         Pharmaceutical companies

Drug companies are responsible for the drug effects. The companies are liable whether they intentionally or accidentally fail to point out the possible side effects. For example, the Xeljanz lawsuit implicates Pfizer, a drug manufacturing company, for defects on the arthritis drug.

  •         Medical institutions

The medical institution is liable for your injuries if its actions contributed to the medical malpractice. One of the possible cases is when the hospital hires unqualified staff or overworks staff. Failure to provide the necessary medical equipment is another failure for the medical institution.

What to do in case of medical malpractice?

Once you establish medical malpractice, the next step is to file a medical malpractice lawsuit. Contact a personal injury lawyer to help you ascertain that the mistakes warrant legal action.

You will then sue for;

  •         Breach of duty – a healthcare provider is in breach of duty if they fail to perform to the required standards leading to the injury. The healthcare provider must establish your medication history and allergies.
  •         Duty of care – a patient and a medical practitioner have a contractual relationship for the best standards of care. Medical malpractice is a breach of the agreement.
  •         Causation – you have to prove your injuries are a result of the medical practitioner’s negligence.
  •         Damages – demonstrate that the medical malpractice caused you emotional and economic damage. Long-lasting physical injuries allow you non-economic compensation claims.


Sustaining injuries due to medical malpractice can lead to lifelong misery. You can, however, work with a personal injury lawyer to get compensation for damages and other expenses. 

Kai Alana

The author Kai Alana