In some medical malpractice cases, there is no question about where the error occurred or who caused it. For example, if a patient’s cancer is misdiagnosed because a doctor misinterpreted the test results, that doctor would clearly be responsible for the diagnostic error that caused the patient’s suffering.
However, determining who is legally responsible for medication errors is not always as straightforward, as multiple healthcare providers can share liability.
Because so many illnesses and deaths are related to the misuse of prescription drugs, it’s important to understand the different types of medication errors that can be the basis of a malpractice lawsuit and who may be held responsible.
If you or a loved one was harmed by a medication error in Florida, reach out to our experienced Tampa medical malpractice attorneys for a free consultation. We’re here to answer your questions and help you understand your rights.
What is malpractice in pharmacy?
In the United States, 7,000 people die each year because of adverse reactions to prescription drugs, equivalent to almost 20 deaths per day. In many of these cases, the patients were taking the drugs as directed by pharmacists or physicians.
In some instances, courts have held pharmacists liable for negligence if they made errors that led to the death or serious long-term ill health of the patient. This is referred to as pharmacy malpractice.
Common errors that lead to pharmacy malpractice include:
- Improperly dispensing medicine (e.g., giving the wrong medicine or wrong dose)
- Incorrectly labeling the medication or instructions
- Failing to inform patients about how to take the medicine or warn of side effects
The Florida Malpractice Statute outlines the duties of pharmacists toward their patients. You may have grounds for a pharmacy malpractice suit if you can prove that a pharmacist’s actions fell below the standard of care that is expected in their field and that failure led to patient harm.
Can I Sue a Doctor for Overprescribing Drugs?
Learn why doctors overprescribe drugs and when you may be able to recover compensation through a medical malpractice lawsuit.
Notable pharmacy malpractice cases in Florida
Dee vs. Wal-Mart was a 2004 case involving a woman who died after taking a painkiller that contained fentanyl. The physician had prescribed the drug to the patient after a cesarean section (C-section). Since the prescription was refillable, the patient refilled it at a Wal-Mart pharmacy to treat pain unrelated to her C-section.
The pharmacist refilled the prescription without seeking a doctor’s authorization. The court held the pharmacist liable, since, had the pharmacist contacted the physician, the physician would have told the pharmacist not to refill the prescription.
In the Powers v. Thobani case of 2005, a patient died from an overdose after frequently refilling her prescriptions for painkillers at two different pharmacies. The court found that, given the frequency of the patient’s refills, she could not possibly be taking the medication as prescribed. The pharmacists had a responsibility not to fill prescriptions for a patient who was clearly abusing the medication.
When are medication errors not the pharmacist’s fault?
Not every medication error is due to pharmacist negligence. In fact, many mistakes happen before the prescription ever reaches the pharmacy or after it leaves. Here are several common situations where someone else may be responsible:
- Prescribing errors by doctors. Doctor negligence may occur if a physician writes a prescription for the wrong drug, an incorrect dosage, or an unsafe combination with other medications the patient is already taking.
- Administration errors by nurses or hospital staff. A registered nurse (RN) might administer the wrong medication, give it to the wrong patient, or deliver the correct drug through the wrong method (e.g., IV instead of oral), leading to a nursing malpractice lawsuit.
- Mislabeling or design flaws by drug manufacturers. Some errors originate with the pharmaceutical company, such as mislabeled packaging, defective instructions, or confusion caused by look-alike or sound-alike drugs.
- Device malfunctions or misuse. Medical devices like insulin pens, auto-injectors, or infusion pumps may malfunction or deliver incorrect doses due to manufacturer defects or unclear instructions.
- Electronic medical record (EMR) issues. Medication errors can stem from software glitches or incorrect data entry in digital prescribing systems, leading to the wrong information being passed along.
- Breakdowns in communication. Errors can also happen when different healthcare providers fail to coordinate or share critical patient information, such as allergies, recent medication changes, or test results.
In many of these cases, the liability may fall on doctors, nurses, hospitals, device manufacturers, or other parties involved in the chain of care—not the pharmacist.
Can both a doctor and a pharmacist be held liable for a medication error?
Yes, sometimes, more than one party can be held responsible when a patient is harmed by a medication error. Doctors and pharmacists each have a duty to prevent avoidable harm, especially when a patient is prescribed multiple medications that could interact in dangerous ways.
Here’s an example:
A young woman with a recent diagnosis of anxiety, PTSD, and chronic pain visited her doctor, who prescribed 7 different medications in one visit—including an antidepressant, a muscle relaxant, a sleep aid, fentanyl for pain, and several other medications to manage side effects. The pharmacy filled all 7 prescriptions at once and provided instructions for her to begin taking them simultaneously.
Shortly after taking the medications as directed, she became seriously ill—dizzy, confused, and unable to stay awake—and had to go to the emergency room multiple times due to suspected drug interactions and overdose symptoms.
In this case:
- The doctor may be liable for negligent prescribing. Prescribing a high number of medications that depress the central nervous system, especially to a young woman without closely monitoring or warning her, is a serious red flag.
- The pharmacist may also be liable for failing to intervene. Pharmacists are trained to detect potentially lethal drug combinations and flag high-risk prescriptions for review. When a patient is prescribed multiple sedatives or opioids at once, it should trigger a warning and a call to the prescribing physician for clarification.
Together, these oversights created a dangerous situation that could have been prevented with proper communication and review. When that chain of safety breaks down, multiple parties can—and often should—be held accountable.
Were you injured by a medication error in Tampa? We can help!
If you or a loved one suffered a catastrophic injury or wrongful death because of a prescription error in Florida, you need an experienced Tampa medication error attorney who specializes in these types of high-stakes cases.
At Palmer Lopez, medical malpractice isn’t just one of our practice areas—it’s our focus. That means we understand the complex medical and legal standards involved in cases like yours, and we know how to uncover the truth behind prescription mistakes and provider negligence.
Find out why so many people in Tampa trust our firm to fight for their rights after serious medical mistakes. Contact Palmer Lopez today to schedule a free consultation.
References
Lau, D. T. (2008). Consumer medication management and error. Clinical Therapeutics, 30(11), 2156–2158. https://doi.org/10.1016/j.clinthera.2008.11.010
