A woman looking at her prescription with all of her medication laid out on the table realizing there was a medication error.

Medical Malpractice And Dispensing Prescriptions

On Behalf of Thorsnes Bartolotta McGuire LLP
Aug 23, 2022

When a California physician prescribes or dispenses medication, patients typically take their dosages as directed. Not asking the doctor about the medication about any side effects and other concerns might prove regrettable. In some cases, raising questions about the medicine may prevent an adverse reaction and a malpractice lawsuit. Regrettably, many patients become ill when given the wrong prescription.

Medication Errors and Malpractice

Doctors and other health care providers have a duty to give a patient the best care. Dispensing the wrong medication reflects an error that could threaten a patient’s life. When a doctor does not thoroughly review the patient’s medical history or fails to ask the patient pertinent questions, the omissions may result in tragic consequences. For example, the patient could suffer a severe allergic reaction.

Sometimes, a patient could receive the wrong medicine. A nurse could dispense medication intended for another patient, an avoidable error that might worsen things.

A doctor could overprescribe the required amount of medicine. In some unfortunate situations, a doctor may prescribe medication that is truly not necessary. Patients might develop an addiction to overprescribed or unnecessary medicine.

Again, patients may benefit from asking questions about any prescribed medication. Still, a patient’s lack of knowledge about the prescriptions could leave them vulnerable to a doctor’s troubled decisions or assurances.

Taking action against malpractice

Healthcare providers who commit errors when prescribing medicine might face a medical negligence lawsuit. If the patient passes away due to the physician’s error, the person’s surviving family members could file a wrongful death lawsuit.

Physicians and hospitals typically carry medical malpractice insurance. Such insurance may cover claims related to errors and oversights that result in harm. Negotiating a settlement with the malpractice insurance provider might lead to a reasonable financial offer that addresses applicable losses.