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In New York, a medication error may be the responsibility of the doctor who prescribed the wrong drug, the pharmacist or pharmacy that dispensed the wrong drug or dose, or the hospital whose staff gave it incorrectly. Key evidence: the container, the label and the medical records. Deadlines are short.
An older man from Ridgewood picks up his blood pressure medication at the pharmacy and feels worse every day for a week. Only his daughter notices that the bottle shows a different strength than the doctor’s instructions. A patient recovering from surgery in a Brooklyn hospital is given a drug her chart lists as an allergy. Situations like these do not require complicated testing to see that something went wrong. What is harder is figuring out who is responsible and what to do next.
The U.S. Food and Drug Administration (FDA) describes a medication error as any preventable event that may cause or lead to inappropriate medication use or patient harm. Below we explain the stages where these errors happen, who may be responsible, where they can be reported and what evidence is worth keeping from day one.
If sudden, alarming symptoms appear after taking a medication – trouble breathing, swelling, loss of consciousness, heavy bleeding – call 911 first. The legal questions can always wait until everyone is safe.
At what stage do errors happen, and who is responsible?
The first stage is prescribing. A doctor may choose the wrong drug or dose, overlook a known allergy, fail to check interactions with medications the patient already takes, or write the prescription in a way that invites a mix-up. Responsibility may then rest with the doctor and the practice or facility where they work.
The second stage is filling the prescription at the pharmacy. A pharmacist may dispense a different drug with a similar name, confuse tablet strengths, put the wrong directions on the label or miss an interaction that is visible in the patient’s history. With large pharmacy chains, responsibility may involve both the pharmacist and the company that runs the pharmacy.
The third stage is administering the drug in a hospital, nursing home or clinic. Errors here most often involve giving the medication to the wrong patient, the wrong dose or route, a missed dose or the wrong timing. As a rule, a facility is responsible for the conduct of its staff. In practice, one case can involve several stages at once, which is why pinpointing where the error happened is the foundation of any review.
Transitions are especially risky: discharge from the hospital, transfer to a rehab facility, a change of treating doctor. The medication list is often copied by hand or from another system, and old and new doses can overlap. If the error appeared right after discharge, the discharge paperwork with the medication list becomes one of the most important pieces of evidence.
What shapes a claim after a medication error?
An error does not always mean a claim. The key question is whether the mistake caused harm: worsening health, additional treatment, a hospital stay, lasting effects. A mistake caught before the drug was taken, while alarming, usually carries different weight than one that sent the patient to the emergency room.
The scope of a case depends on the type and permanence of the health effects, the cost of additional treatment, lost earnings and how the event changed daily life for the patient and family. Documentation matters as well: the more clearly the link between a specific mistake and the decline in health can be shown, the clearer the picture of the case.
Timing is important. Medical error cases in New York have different – generally shorter – deadlines than ordinary injury claims, with their own exceptions. When the facility is public, short notice-of-claim deadlines may apply as well. So it is worth pinning down the date and the facility’s name right away and going over the exact deadlines with the firm.
Call us and talk it through in Polish – the consultation is free: 718-383-0100
Records and the container – what should you keep?
With a pharmacy error, the most important evidence is the container itself: the bottle or box with the pharmacy label, the remaining pills, the leaflet and the receipt. Do not throw them away or hand them back to the pharmacy “for an exchange” without taking photos and keeping at least part of the contents. Keep the prescription or a printout of it, and the medication list from your doctor. You can also ask the pharmacy for a printout of your prescription fill history – it shows what was actually dispensed and when.
With a hospital error, the medical record – including the medication administration record – is key. Under Public Health Law §18, a patient may, on written request, inspect their records within 10 days and obtain copies. The charge may not exceed actual costs, paper copies are capped at 75 cents per page, and inability to pay cannot be the sole reason for denying access.
A symptom diary also helps: when the medication was taken, when symptoms began, who was told and when. With older patients, the family often keeps these notes – and they are what later make it possible to reconstruct the sequence of events. Write down the names of staff members you spoke with and what they said, for example whether they acknowledged a mistake.
Where can you report a medication error in New York State?
Complaints about hospital care go to the New York State Department of Health (NYS DOH) – by phone at 1-800-804-5447 or through the facility complaint form. The Department recommends raising the problem with hospital staff first and contacting the Department if that does not resolve it.
Pharmacists and pharmacies are overseen by the State Education Department’s Office of the Professions. Complaints must be made in writing, for example by email to [email protected]; information is available at 1-800-442-8106. Separately, the FDA encourages patients and consumers to report medication errors through its MedWatch program.
Keep in mind that an administrative complaint is not a claim for compensation. The agency may penalize a facility or order changes, but it will not award the patient money, and the deadlines for a civil case keep running in the meantime. Filing a complaint does not prevent a claim, though, and inspection findings can sometimes be helpful later.
How to prepare for your first conversation with The Stein Law Group
- The medication container and label. Photos of the bottle or box, the pharmacy label and the remaining pills, plus the receipt. Please keep the items themselves in a safe place.
- The prescription and medication list. A copy of the prescription, a printout from the patient portal or the doctor’s instructions with the dosage. They show what was supposed to be dispensed or given.
- Medical records. Hospital discharge papers, test results, the medication administration record if you were able to obtain it, and records of treatment for the effects of the error.
- A timeline. Dates when the medication was taken, when symptoms appeared, and visits and conversations with staff. A simple note is enough, including one written by family.
- Copies of complaints and responses. If the matter has already been reported to the hospital, pharmacy or an agency, bring copies and any replies you received.
The Stein Law Group, with offices in Greenpoint and Maspeth, handles medical error cases in New York and New Jersey – learn more about the firm and its practice areas.
Questions and answers
The pharmacy gave me the wrong drug, but I noticed before taking it. Is this a case for a lawyer?
If there was no harm to your health, reporting it to the pharmacy and possibly filing a complaint with the Office of the Professions is usually enough. Still, keep and photograph the container.
Is a hospital responsible for a nurse’s mistake?
As a rule, a facility is responsible for the conduct of its staff. In a specific case, though, it is necessary to establish who employed the person who made the error and at what stage it happened.
Is a complaint to the Department of Health enough to get compensation?
No. A complaint triggers a review of the facility but does not award compensation. A civil claim is a separate path with its own deadlines.
Can family members act on behalf of an elderly parent?
Family can help gather documents and write down what happened. Access to medical records and handling a case depend on whether the parent can act on their own and what powers of attorney or proxies are in place.
A medication error often looks like a small slip, and its effects may show up only days later. A saved container, a copy of the prescription and a simple timeline make it possible to determine later at which stage something went wrong.
If you or someone close to you was harmed by a mistake in a hospital or pharmacy, it is worth discussing the case before the deadlines pass. Schedule a conversation with attorney Adam J. Stein: 718-383-0100
This article is for general information only and is not legal or medical advice; reading it does not create an attorney–client relationship. Every case requires an individual assessment – please contact The Stein Law Group about your situation. Attorney Advertising. Prior results do not guarantee a similar outcome.
