Who is responsible for a medication mix-up or a medication error?

Medication errors can cause serious harm to patients. When this happens, the affected patients and families must know who is responsible. 

Several parties may bear responsibility for a medication mix-up, depending on the circumstances that led to the mistake. Navigating this liability maze is the first step in securing the compensation an injured person deserves.

Health care providers

Doctors, nurses, and other healthcare providers are often on the front line of medication administration. When they prescribe or administer incorrect medications, they may be responsible for any resulting harm. Common errors include prescribing the wrong drug or dosage. Healthcare providers must follow a strict standard of care when handling medications, and failure to do so can lead to accountability if a mistake occurs.

Pharmacists

Pharmacists have an important responsibility to fill prescriptions correctly. If a pharmacist provides the wrong dosage or fails to recognize potentially dangerous drug interactions, they may be liable for any following harm. In Delaware, pharmacies must follow state and federal regulations to ensure medication safety. Errors in dispensing and failures in providing proper instructions can lead to legal consequences for the pharmacy or the pharmacist involved.

Hospitals and clinics

Hospitals and clinics also share responsibility for medication errors. These institutions have a duty to enforce proper procedures when administering medications. If a medication mixup happens due to a system failure, such as miscommunication between departments or improper patient records, the hospital or clinic may be liable.

Statistics suggest that medication mix-ups cause around 700,000 emergency room visits each year. When these types of mistakes occur, determining who is responsible will help families hold negligent parties accountable for their actions.