Every day, millions of Americans rely on medications to treat illness, manage chronic conditions, and improve their quality of life. When prescribed and administered correctly, medications save lives. But when errors occur—wrong drug, wrong dose, dangerous interactions—the consequences can be devastating.
Medication errors are one of the most common and preventable forms of medical malpractice. According to studies, medication errors harm more than one million people in the United States each year, resulting in injuries, hospitalizations, and deaths that could have been avoided.
If you or a loved one has been harmed by a medication error in New Jersey, you have the right to seek justice and compensation. This guide explains how medication errors occur, who may be held liable, and what you need to know about pursuing a medical malpractice claim.
Understanding Medication Errors
A medication error is any preventable event that causes inappropriate medication use or patient harm. These errors can occur at any point in the medication process—from prescribing and dispensing to administering and monitoring.
The Scope of the Problem
Medication errors are alarmingly common:
- The Institute of Medicine estimates that medication errors injure 1.5 million Americans annually
- Adverse drug events cause approximately 125,000 deaths each year in the United States
- Medication errors add approximately $3.5 billion annually to healthcare costs
- An estimated 7,000 to 9,000 Americans die each year due to medication errors alone
These statistics represent real people whose lives have been changed or ended by preventable mistakes.
Types of Medication Errors
Medication errors take many forms, and understanding them helps identify when malpractice may have occurred.
Prescribing Errors
Errors that occur when a healthcare provider writes or enters a prescription:
Wrong Medication: Prescribing a drug that is inappropriate for the patient’s condition, contraindicated by their medical history, or confused with a similarly-named drug.
Wrong Dosage: Prescribing a dose that is too high (risking toxicity or overdose) or too low (failing to effectively treat the condition). This is particularly dangerous with medications that have a narrow therapeutic index—where the difference between effective and toxic doses is small.
Wrong Frequency or Duration: Prescribing medication to be taken too often, not often enough, or for an inappropriate length of time.
Failure to Check for Drug Interactions: Not reviewing the patient’s other medications to identify potentially dangerous interactions. Some drug combinations can cause serious side effects, reduce effectiveness, or create toxic reactions.
Failure to Consider Allergies: Prescribing a medication to which the patient has a documented allergy, or failing to ask about allergies before prescribing.
Failure to Consider Patient Factors: Not accounting for age, weight, kidney function, liver function, or other factors that affect how medications are processed by the body.
Dispensing Errors
Errors that occur when pharmacists or pharmacy staff prepare and provide medications:
Wrong Drug: Dispensing a different medication than what was prescribed, often due to similar drug names or packaging.
Wrong Strength: Providing the wrong concentration or dosage form of the correct medication.
Wrong Quantity: Dispensing too many or too few pills, leading to extended use of a drug that should be stopped or running out of a necessary medication.
Incorrect Labels: Providing incorrect instructions on the prescription label, leading patients to take medication incorrectly.
Failure to Counsel: Not providing adequate information about how to take the medication, what side effects to watch for, or what interactions to avoid.
Administration Errors
Errors that occur when healthcare workers give medications to patients, particularly in hospitals and nursing homes:
Wrong Patient: Administering medication to the wrong person due to inadequate verification procedures.
Wrong Route: Giving medication by the wrong method—for example, injecting a medication that should be taken orally, or giving an IV push when an infusion was ordered.
Wrong Time: Administering medication at incorrect intervals, which can affect blood levels and therapeutic effectiveness.
Wrong Technique: Improper injection technique, incorrect IV administration rates, or other technical errors.
Omission: Failing to give a prescribed medication entirely.
Monitoring Errors
Errors that occur after medication is prescribed and administered:
Failure to Monitor Drug Levels: Some medications require regular blood tests to ensure they remain at therapeutic levels. Failure to order or follow up on these tests can lead to toxicity or ineffectiveness.
Failure to Recognize Adverse Reactions: Not identifying when a patient is experiencing dangerous side effects that require intervention.
Failure to Adjust Doses: Not modifying doses based on patient response, lab values, or changing clinical conditions.
Consequences of Medication Errors
The harm caused by medication errors ranges from mild to catastrophic:
Minor Effects
- Temporary side effects that resolve when the error is corrected
- Mild allergic reactions
- Brief periods of undertreated symptoms
Moderate Effects
- Extended hospitalization
- Temporary organ damage
- Moderate allergic reactions requiring treatment
- Serious but recoverable adverse effects
Severe Effects
- Permanent organ damage (liver failure, kidney failure)
- Severe allergic reactions (anaphylaxis)
- Brain damage from medication-induced conditions
- Heart attacks or cardiac events triggered by medications
- Stroke
- Death
Specific High-Risk Medications
Certain medications carry particularly high risks when errors occur:
Blood Thinners (Anticoagulants): Errors with warfarin, heparin, or newer anticoagulants can cause severe bleeding or stroke.
Insulin: Wrong doses can cause dangerous hypoglycemia (low blood sugar) or hyperglycemia (high blood sugar), potentially leading to coma or death.
Opioid Pain Medications: Overdoses can cause respiratory depression and death. Underdoses may leave patients in unnecessary pain.
Chemotherapy Drugs: These powerful medications have narrow margins of safety. Dosing errors can be fatal.
Cardiac Medications: Errors with drugs that affect heart rhythm or blood pressure can cause heart attacks, arrhythmias, or death.
Sedatives and Anesthetics: Overdoses can cause respiratory arrest; interactions with other drugs can be deadly.
Who Can Be Held Liable for Medication Errors?
Medication errors often involve multiple parties, and determining who bears responsibility requires careful investigation.
Prescribing Physicians
Doctors who prescribe medications may be liable when they:
- Prescribe inappropriate medications for the patient’s condition
- Fail to review medical history, allergies, and current medications
- Prescribe incorrect doses
- Fail to order appropriate monitoring
- Continue prescribing despite signs of adverse effects
Pharmacists and Pharmacies
Pharmacists have independent duties to verify prescriptions and protect patients. They may be liable when they:
- Dispense the wrong medication
- Fail to catch obvious prescribing errors
- Provide incorrect labeling or instructions
- Fail to counsel patients about important drug information
- Fail to check for dangerous interactions
Corporate pharmacy policies that prioritize speed over safety may also create liability for the pharmacy chain.
Nurses and Hospital Staff
In healthcare facilities, nurses and other staff who administer medications may be liable for:
- Giving medication to the wrong patient
- Administering incorrect doses
- Using wrong administration routes or techniques
- Failing to monitor patients for adverse effects
- Failing to report concerns about medication orders
Hospitals and Healthcare Facilities
Hospitals may be directly liable for:
- Inadequate medication safety systems
- Insufficient staffing that leads to errors
- Failure to implement safety protocols
- Poor communication systems between departments
- Inadequate training of staff
Drug Manufacturers
In some cases, the pharmaceutical manufacturer may bear responsibility if:
- Similar drug names create confusion
- Packaging or labeling is misleading
- Adequate warnings were not provided
Proving Medication Error Malpractice in New Jersey
To succeed with a medication error claim in New Jersey, you must establish the essential elements of medical malpractice.
Duty of Care
You must show that the healthcare provider or pharmacist owed you a duty of care. When you receive a prescription and have it filled, the prescribing physician and dispensing pharmacy both owe you duties.
Breach of Standard of Care
Expert testimony must establish what a reasonably competent healthcare provider would have done and how the defendant’s actions fell short. For medication errors, this might include showing:
- Standard protocols for verifying prescriptions
- Requirements for checking drug interactions
- Proper dosing guidelines
- Appropriate monitoring practices
Causation
You must prove that the medication error caused your injury. This requires showing that:
- The error actually occurred
- The error led to harm (you took the wrong medication or wrong dose)
- Your injuries resulted from the error, not from other causes
Damages
You must document the harm you suffered, including medical expenses, lost wages, pain and suffering, and any permanent effects.
The Affidavit of Merit
New Jersey requires an Affidavit of Merit from a qualified expert within 60 days of the defendant’s answer. Depending on who you’re suing, you may need affidavits from physicians, pharmacists, or both.
Gathering Evidence in Medication Error Cases
Medication error cases require thorough documentation:
- Prescription records: Original prescriptions and any modifications
- Pharmacy records: What was actually dispensed, by whom, and when
- Medical records: Documentation of the patient’s condition before and after the error
- Medication administration records: Hospital or nursing home records showing what was given
- The medication itself: If possible, preserve the actual medication involved in the error
- Lab results: Blood tests showing drug levels or organ function
- Witness statements: Accounts from family members or healthcare workers who observed the effects
Statute of Limitations
New Jersey’s two-year statute of limitations applies to medication error cases. The clock typically starts when you knew or should have known about the error and resulting harm. Because medication errors are sometimes not immediately apparent, the discovery rule may extend your deadline—but you should consult an attorney promptly if you suspect an error occurred.
Preventing Future Harm
Beyond seeking compensation, medication error lawsuits can drive systemic improvements:
- Better verification systems (barcode scanning, electronic prescribing)
- Improved communication between providers
- Enhanced pharmacist oversight
- Safer staffing levels
- Better training programs
When healthcare systems face consequences for medication errors, they have incentive to implement safeguards that protect all patients.
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Contact Gencarelli & Rimmassa Law Firm
If you or a loved one has been harmed by a medication error in New Jersey, Gencarelli & Rimmassa Law Firm can help you understand your options and fight for the compensation you deserve. Medication errors are preventable, and those responsible should be held accountable.
Our experienced medical malpractice attorneys work with medical and pharmacy experts to investigate what happened and build strong cases for our clients. We understand the complexity of medication error cases and have the resources to take on doctors, pharmacies, and hospitals.
We work on contingency—you pay nothing unless we recover for you.
Time limits apply under New Jersey law. Don’t wait to explore your legal rights.
Call (201) 549-8737 today for a free, confidential consultation. Let us help you get justice for the harm you’ve suffered.
