Every medicine carries some risk, and side effects can occur even when a drug is prescribed and dispensed correctly. A medication error is different. It is a mistake somewhere along the chain, from the prescriber to the pharmacy to the nurse at the bedside, that a careful provider would have caught.
Errors tend to fall into a few groups. A pharmacy fills the wrong drug because two names look or sound alike, or dispenses the right drug at the wrong strength. A label gives the wrong directions, such as daily instead of weekly. A prescriber orders a drug the patient's chart shows they are allergic to, or misses a dangerous interaction with something the patient already takes. In a hospital, an infusion pump is programmed incorrectly, a dose of insulin, a blood thinner, or an opioid is given twice, or a medication meant for one patient is given to another. Some errors cause no harm. Others lead to bleeding, low blood sugar, breathing problems, organ damage, or a hospital stay.
1. Get medical help first
If someone has trouble breathing, is hard to wake, has chest pain, or shows signs of serious bleeding, call 911. For questions about a possible wrong dose, you can call Poison Help at 1-800-222-1222. Do not stop or change a prescribed medicine on your own; ask a physician first.
2. Keep the bottle, the label, and the remaining pills
Do not throw anything away and do not return the medicine to the pharmacy. Keep the bottle or package with its label, any remaining pills or liquid, the bag it came in, and the printed information sheet. Store them somewhere safe and out of reach of children.
3. Photograph everything
Take clear photographs of the label, the pills (front and back, showing any imprint codes), the package, and the information sheet. Photograph any visible injury, such as bruising or a rash, with dates.
4. Save pharmacy receipts and prescription records
Keep the receipt, the pharmacy's printed prescription history, and any insurance statements showing the fill. Ask the prescriber's office for a copy of the prescription as written or sent electronically. Comparing what was ordered with what was dispensed often shows where the error happened.
5. Request the medical and hospital records
If the error happened in a hospital, request the medication administration record, physician orders, pharmacy records, nursing notes, and lab results. Licensed hospitals must furnish copies after discharge on written request "in a timely manner, without delays for legal review" (§ 395.3025(1), Fla. Stat.). Physicians must provide records "in a timely manner," and release may not be conditioned on payment for services (§ 456.057(6), (17)). Request records of any treatment needed because of the error, too.
“in a timely manner, without delays for legal review”
§ 395.3025(1), Florida Statutes
6. Write down what happened
Record when the medicine was filled, when it was first taken, what symptoms appeared and when, and what the pharmacy or providers said when you raised the problem. Write down names. Keep a list of every medicine the patient was taking at the time.
Florida rules that may apply
Florida defines the practice of pharmacy to include "compounding, dispensing, and consulting concerning contents, therapeutic values, and uses of any medicinal drug," as well as "monitoring the patient's drug therapy and assisting the patient in the management of his or her drug therapy" (§ 465.003(22)). When dispensing, a pharmacist "shall also provide counseling on proper drug usage" when the pharmacist's professional judgment finds it necessary (§ 465.003(13)).
“monitoring the patient's drug therapy and assisting the patient in the management of his or her drug therapy”
§ 465.003(22), Florida Statutes
Claims against prescribing physicians, nurses, and hospitals follow Florida's medical negligence rules. Care is measured against "that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers" (§ 766.102(1)). The definition of "health care provider" used in Florida's presuit statutes lists hospitals, physicians, nurses, and a number of other licensed providers, but does not list pharmacists licensed under chapter 465 (§ 766.202(4)). Which rules apply to a pharmacy claim can therefore depend on who made the error, and we review that question early in every medication case.
“that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers”
§ 766.102(1), Florida Statutes
Florida deadlines and the presuit process
For medical negligence claims, § 95.11(5)(c) generally requires suit within 2 years from the incident or from when it was discovered or should have been discovered with due diligence, and no later than 4 years from the incident, with an extension of up to 7 years where fraud or concealment prevented discovery. Before suit, the claimant must obtain a verified written medical opinion from a qualified physician (§ 766.203(2)) and serve a notice of intent on each prospective defendant, starting a 90-day presuit period that tolls the limitations period (§ 766.106). An automatic 90-day extension is available by petition to the clerk (§ 766.104(2)). The rule barring recovery by a plaintiff more than 50 percent at fault does not apply in medical negligence cases (§ 768.81(6)), and § 768.21(8) limits certain wrongful death damages for adult children and the parents of an adult child.
For a fuller explanation, see our guide, How Florida Medical Malpractice Claims Work.
Your checklist
- Get medical help, and call 911 for any emergency.
- Keep the bottle, label, remaining medicine, bag, and information sheet.
- Photograph the label, the pills, and any injury.
- Save receipts, prescription history, and insurance statements.
- Request hospital, physician, and pharmacy records in writing.
- Write down the timeline of symptoms and conversations, with names.
- Speak with a lawyer well before 2 years from the error.
How we review these cases
We start by comparing three things: what was prescribed, what was dispensed, and what was given. That comparison usually shows where the chain broke. We then gather the records, identify each provider involved, and, where the facts support it, arrange a review by a qualified physician or other qualified reviewer. We explain what we find in plain terms. Meetings are by appointment only. Call 305-748-3789 to schedule a time to talk.
This article is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.