Attorney at Graves McLain Injury Lawyers
Practice Areas: Wrongful Death, Medical Malpractice, Bad Faith Insurance, Car Accidents, T-Bone Tractor-Trailer Accidents, Dangerous Drugs
Medication can save lives—but when mistakes happen, it can lead to serious harm. From wrong dosages to overlooked drug interactions, medication errors are a common yet preventable cause of injury in healthcare. Understanding how these errors occur and what you can do to prevent them can make a significant difference.
If you or a loved one has been harmed by a medication mistake, it’s essential to know your rights and take steps to protect your health and legal options.
Medication errors occur when a patient is given the wrong drug, dose, timing, or method of administration. These mistakes can happen at any stage—during prescribing, filling, or taking the medication. Some cause no harm. Others lead to serious medical complications or even death.
According to the FDA, medication errors cause at least one death every day and injure 1.3 million people each year in the United States. When a medication error leads to injury, it may be classified as a preventable adverse drug event. If the error doesn’t cause harm but could have, it’s called a potential adverse drug event.
Medical professionals are trained to manage medications safely, but errors still happen. A typical example is prescribing two drugs that both contain acetaminophen. When taken together, they can damage the liver due to overdose—even though each drug is safe on its own.
Medication mistakes can occur for various reasons, particularly when communication breaks down between healthcare providers or patients. The most common types include:
The Institute of Medicine estimates that a hospitalized patient is likely to experience at least one medication error each day.
These problems are more likely to occur in fast-paced settings, such as hospitals or emergency rooms, where time is limited and patients are vulnerable.
While anyone can be affected by a medication error, certain groups face a higher risk than others. Children require smaller, weight-based doses. Older adults often take multiple medications, which increases the chance of interactions. Patients with chronic conditions or language barriers may also be more at risk.
Even simple mistakes, like using a teaspoon instead of a dosing syringe, can lead to severe overdoses in children.
Preventable adverse drug events are among the most common causes of harm in hospitalized patients. — Agency for Healthcare Research and Quality
If a medication error causes serious injury or death, it may be considered medical malpractice. In Oklahoma, patients must prove that a healthcare provider acted negligently and that the mistake directly caused harm. The law gives most patients two years from the date of injury to file a medical malpractice claim.
Under Oklahoma law, patients have up to two years to file a medical malpractice claim for injuries caused by medication errors. — Oklahoma Statutes §76-18
To build a case, you generally need:
Medication error lawsuits often involve multiple parties, including hospitals, pharmacies, or drug manufacturers, depending on the facts.
While you can’t control what happens behind the pharmacy counter or hospital desk, you can take steps to reduce your risk.
Ask questions whenever you’re given a new prescription. You should always know:
Keeping an updated list of all medications, vitamins, and supplements you use can also help. Please bring it to every doctor’s appointment and share it with your pharmacist as well.
Staying organized at home is essential, too. Use a pill organizer. Store medications in original containers. Save the information sheet that comes with each prescription. Use only one pharmacy, if possible, so that they can identify and flag potential drug interactions.
Error Type | Example | Risk Group |
| Wrong dosage | Double dose due to decimal error | Children, older adults |
| Drug interaction | Warfarin with NSAID causing internal bleeding | Patients on many meds |
| Similar drug names | Clonidine vs. Klonopin | General population |
| Wrong patient | Swapped labels at hospital | Inpatients |
| Omitted dose | Skipped insulin due to poor handwriting | Diabetics |
| Allergy reaction | Administering penicillin to allergic patient | All age groups |
If you believe you’ve been harmed by a medication mistake, seek medical help right away. Save all records related to the incident, including prescription labels, discharge papers, and notes from providers. Document symptoms, dates, and any changes in your condition.
Next, consider consulting with an attorney who specializes in cases involving medication errors. Not all adverse outcomes are due to malpractice, but if protocols weren’t followed and harm resulted, you may have a claim.
A medication error may qualify for a medical malpractice claim if it was preventable, caused harm, and involved negligence—such as failing to check allergies or giving the wrong dose.
No. Only preventable adverse events caused by errors (not known risks properly disclosed) may be considered malpractice.
Yes. Pharmacists must dispense correct medications, verify prescriptions, and check for interactions.
Seek medical attention immediately, document everything, and consult with an attorney to review your case and medical records.
Generally, the statute of limitations is two years from the date of the injury, but exceptions may apply in some instances.
Possible damages may include medical bills, lost wages, pain and suffering, and long-term health impacts, depending on the case.
Medication errors are often preventable, but their consequences can be life-changing. By staying informed, asking questions, and keeping track of your medications, you can help lower your risk. However, if a serious error does occur, it’s essential to act promptly.
Not every mistake leads to a claim, but if a healthcare provider fails to follow basic safety procedures and you are harmed as a result, legal help may be available.
Graves McLain Injury Lawyers has experience handling complex cases involving medication errors and medical malpractice in Oklahoma. We can help you understand your options and whether you have a claim worth pursuing.
Please make an appointment for a free consultation with Graves McLain Injury Lawyers right now to find out how they can support your future.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.
