Texas Medication Error Attorney

Our Commitment to You

Your legal team will tailor our services to meet your needs. You might not require all of our services, but knowing about them could be helpful. 

We could assist you by:

• Filling out all necessary paperwork
• Helping you stay within the relevant statute of limitations
• Assigning a value to your case
• Negotiating for a fair award
• Making your case in court if the need arises
• Answering your questions
• Updating you throughout the case
• Protecting your rights

Many are familiar with the Hippocratic Oath medical staff must uphold. Your lawyer will show that a healthcare provider failed to meet these standards.

How Do Medication Errors Occur?

“Medication Dispensing Errors and Prevention” notes that over 7,000 people die due to medication errors in the United States every year. You are not alone in suffering this kind of medical malpractice. However, just because it happens too often doesn’t mean you can’t seek compensation.

We could hold the at-fault parties responsible for their actions. Such individuals include those who have access to your medication. 

Prescription errors may involve:

• A doctor prescribing the wrong medication or a drug that is contraindicated with another medication
• A pharmacist dispensing the incorrect medication
• A pharmacist dispensing the correct medication but in the wrong dosage
• A pharmacist mislabeling the prescription
• A hospital giving medication to the wrong patient

The manufacturer of the drug could have also made a mistake when bottling or labeling the product. Our team will investigate the cause of your injuries and condition. 

Potential Damages in a Medication Error Lawsuit

You can recover a financial award for the negligence you or a family member suffered. Medical professionals have a standard they have to uphold. This includes keeping patients safe. Failure to do so is not only unethical but dangerous. 

Possible losses you may be experiencing include:

• Pain and suffering: The drug error might have had a negative physical effect on your body. You could have taken a medication that weakened your heart or temporarily lost your sight. You can seek recovery for these damages. We can evaluate your situation and assign a fair dollar amount to your pain and suffering.
• Medical costs: You might have required an ambulance to take you to the hospital, where you could have stayed for days or weeks. Treatments, new (and correct) medication, x-rays, CT scans, MRIs, and more could qualify you for compensation. If you needed a wheelchair as a result of your injury or worsened condition, this detail is also relevant. Your lawyer taking prescription and drug error cases will note it.
• Mental anguish: This experience could have left you with trauma around seeking medical aid. It might be difficult for you to see a doctor due to anxiety or distrust of medical workers. The inability to enjoy your old hobbies or a change in your romantic relationship also qualifies.
• Wrongful death: You might have lost a loved one to a prescription or drug error. Let Hilliard Law fight for justice on your family’s behalf. We can secure an award that can ease the practical troubles your pain has created. This award could cover funeral and burial expenses, your loved one’s pain, medical costs from before their passing, and loss of inheritance or income.

Our Experience Can Help You

We have received recognition from many groups for our commitment to our clients and our fight for justice. 

These include:

• An AV Preeminent rating from Martindale-Hubbell
• Acceptance into the National Board of Trial Advocates (Bob Hilliard)
• A place in the Top 100 Trial Lawyers several years running for Bob Hilliard

FAQs About Medical Malpractice Claims Involving Medication Errors in Texas

What qualifies as a medication error in a Texas medical malpractice claim?

A medication error occurs when a healthcare provider administers the wrong drug, incorrect dosage, or improper instructions, leading to patient harm. In Texas, for a medication error to qualify as medical malpractice, it must result from a provider's negligence, meaning they failed to meet the accepted standard of care. This can include prescribing contraindicated drugs, failing to review patient allergies, mislabeling medication, or administering the wrong dosage. The patient must demonstrate that the error directly caused harm or worsened their condition to pursue a claim.

Who can be held liable for a medication error?

Liability for medication errors can extend to doctors, nurses, pharmacists, and even hospitals or healthcare facilities. A physician may be responsible for prescribing the wrong medication, while a nurse could be liable for administering an incorrect dosage. Pharmacists can also be held accountable for dispensing the wrong drug or failing to recognize harmful interactions. In some cases, hospitals and medical institutions may bear responsibility if inadequate procedures, understaffing, or poor training contributed to the error.

How do I prove negligence in a medication error claim?

To establish negligence, the plaintiff must prove four key elements: duty, breach, causation, and damages. The healthcare provider must have owed a duty of care to the patient, breached that duty by failing to follow the standard of care, directly caused harm through the medication error, and resulted in measurable damages such as injury, medical expenses, or loss of quality of life. Expert testimony from medical professionals is typically required to demonstrate how the provider’s actions deviated from accepted medical practices.

What is the statute of limitations for filing a medication error lawsuit in Texas?

Under Texas law, the statute of limitations for medical malpractice claims, including those involving medication errors, is generally two years from the date the error occurred or when it was discovered. However, if the malpractice involved a minor, different rules may apply. Texas also has a 10-year statute of repose, meaning claims cannot be filed more than 10 years after the negligent act, regardless of when it was discovered. Missing these deadlines can result in losing the right to pursue compensation.

What damages can I recover in a medication error lawsuit?

Victims of medication errors in Texas may seek economic and non-economic damages. Economic damages include medical expenses, lost wages, and costs for ongoing treatment. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. Texas law imposes a cap on non-economic damages in medical malpractice cases, limiting them to $250,000 per defendant and a total cap of $750,000 for multiple defendants. Punitive damages may also be awarded in cases of gross negligence or willful misconduct.

Can I sue if a medication error resulted in a loved one’s death in Texas?

Yes, if a medication error led to a patient’s death, surviving family members may file a wrongful death lawsuit under Texas law. Eligible parties include spouses, children, and parents of the deceased. The claim can seek compensation for medical expenses, funeral costs, loss of financial support, and emotional suffering. If the negligence was especially egregious, punitive damages may also be pursued. Texas imposes strict deadlines and procedural requirements for wrongful death claims, so consulting an attorney early is essential.

How can an attorney help with my medication error claim?

A skilled medical malpractice attorney can investigate the medication error, gather medical records, consult experts, and build a strong case to prove negligence. They will also ensure compliance with Texas’ complex legal requirements, including filing deadlines and expert witness reports. Additionally, an attorney can negotiate settlements with insurance companies or represent you in court if necessary. Because medical malpractice cases are highly technical, having legal representation greatly increases the chances of securing fair compensation.

Call Our Team to Get Started on the Path Toward Justice

Mistakes happen, but there is no reason for you or your loved one to suffer for it. You deserve compensation if a prescription drug error has harmed you. Hilliard Law has years of experience representing victims of prescription and drug errors.

If we take your case, we will work on a contingent fee basis, which means you don’t pay us unless we win.

Call us at (866) 927-3420 or fill out our contact form for a free consultation.