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Types of Errors

Dangerous and Defective Drugs If you put your trust in a pharmaceutical company and were hurt by their product, you deserve compensation for your suffering.
Wrong Medication Did you receive the wrong medication or incorrect prescription from a pharmacy? If you have suffered because of a medication error please call us for a free case review.
Wrong Dosage Common forms of medication error: incorrect dosage error. Order our free book to learn how to protect yourself and your family from wrong dosage errors.
Other Errors Order our free book, "How to Make Pharmacies Pay for your Injuries Caused by Medication Errors, to learn your rights in prescription error cases.
Kids Rx Errors Order a free copy of The Top 10 Tips to Protect Your Children Against Pharmacy Errors. If you have suffered a prescription error contact our firm today.
Pharmacy Malpractice If you have suffered an injury because a pharmacy dispensed the wrong medication or made an error with your prescription, you are able to file a claim for negligence or malpractice and receive the compensation you deserve.
Walgreens Pharmacy Error Claims There have been numerous claims brought against Walgreens for pharmacy errors or prescription errors. Order our free book to learn how to take action.
CVS Pharmacy Error Claims If you've been injured because of a CVS Pharmacy prescription error, call us for help with your lawsuit at 888-526-7616.
State Pharmacy Boards If you have been severely injured because of a medication error, contact board-certified attorneys immediately to investigate your case free of charge.
Drug & Pharmacy Error Prevention Filing a pharmacy error lawsuit is the only way to make pharmacies take accountability for mistakes. Call our board certified attorneys for a free case review.
State Pharmacy Laws State laws on pharmacy malpractice. Learn the pharmacy error Statute of Limitation laws that apply to your state. Call 877-342-2020 for a free consultation.

Who is Responsible for Giving My Loved One the Wrong Medication?

David W. Hodges
Partner at Kennedy Hodges LLP practicing pharmacy error, medical malpractice and personal injury law
When someone you love has been injured by a prescription drug mistake, the first question you will ask is: Will they be okay? The second question comes few days later: Who is responsible?

Unfortunately, the answer to the second question may not be a straightforward one. Many of these errors are a result of  name confusion, whether between brand names, generic names, or brand-to-generic names. For example, the anti-inflammatory Toradol was often confused with tramadol, the generic name of a painkiller similar to morphine. 

Here are just a few parties who may be held responsible for your wrong medication mistake:

  • Doctors. If a doctor’s handwriting resulted in drug name confusion, he may be held liable for the medication mistake.
  • Nurses. Nurses or hospital staff members may be liable if they misread the medication name or administered another patient’s drugs to your family member.
  • Caretakers. People who have been entrusted with your family member’s well being, such as private nurses or EMTs, can make simple mistakes that have serious consequences.
  • A third party. If your loved one was injured due to a serious oversight in a major care facility, including a hospital or nursing home, it could be liable for negligence.
  • Pharmacists. Both a pharmacy and its staff members may be accountable for injuries that occurred at company location.

Name confusion has caused multiple drug injuries over the years. Not only do many medications sound-alike, but they may also be confused as a result of handwriting or typing mistakes, such as when iodine is mistyped or written as Lodine, a common anti-inflammatory.

The FDA has protocols in place to prevent these kinds of errors, but it may take months or even years for a potential error to be corrected. It was only after a patient died as a result of drug name confusion between the diabetes medication Amaryl and the Alzheimer’s drug Reminyl, that the FDA took action, changing Reminyl to Razadyne to prevent the mistake from happening again.

Although the generic name must be assigned before the trademarked name, there is no guarantee that a brand name will not look or sound similar to a generic form already on the market. The only way to stop these mistakes from occurring is to demand accountability from the people responsible, ensuring that they take steps to prevent the injury from happening to someone else.

Our prescription drug error lawyers can provide legal advice on your medication injury case, getting you and your family the help you need to heal. Call Kennedy Hodges today at (888) 526-7616 or fill out our quick contact form above to get a FREE, one-on-one consultation.

Want more information on your injury? Click the link above and we’ll rush you a FREE copy of our book, How to Make Pharmacies Pay for Injuries Caused by Medication Errors.