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Prescription Error

Maryland, Virginia & Washington, D.C. Prescription Error Lawyers

Prescription Errors, Medical Negligence & Your Rights

Health care providers with the authority to prescribe, administer, or dole out prescription medications play an important role in patient care, and are trusted to provide treatment that conforms with accepted standards of their professions. Unfortunately, some providers fail to meet their duty of care when treating patients with prescriptions, putting them at risk of suffering life-altering injuries or death.

If you or someone you love were harmed because of a medical provider’s negligence in prescribing, administering, or dispensing a prescription medication, you may have grounds to file a medical malpractice lawsuit and seek a financial recovery of your damages.

At Portner & Shure, P.A., our award-winning attorneys have helped victims and families across the DMV secure over $400 million in compensation after suffering preventable losses, including those caused by medical negligence. As attorneys with extensive experience in this field and the resources required of these complex claims, we’re prepared to help if a prescription mistake has caused you harm.

If you have questions about a prescription error lawsuit in Washington, D.C., Maryland, or Virginia, we want to help. Call (855) 954-4141 or contact us online for a FREE consultation.

Prescription Errors: When is it Malpractice?

Medical malpractice lawsuits are civil claims brought against physicians, hospitals, and other types of health care providers by victims who allege that they suffered preventable harm and losses. While these cases can vary in the specific scenarios and negligent acts involved, they are all based generally on claims that a provider failed to meet what is known as the standard of care.

This standard of care can be different depending on the circumstances. A primary care physician who provides preventative care to a known patient, for example, would be subject to different standards than an emergency room doctor who treats patients they have never seen in an acute setting.

In general, all providers have a legal obligation to provide care that conforms with the accepted standards of their profession. In other words, providers are expected to treat patients with the same level of care, skill, and knowledge that would be expected of any reasonably careful provider in the same or similar circumstances.When they fail to do so and their patients suffer harm as a result, providers can be held liable for damages.

While the individual facts of a case will always determine when a provider’s conduct involving the use of prescription medications rises to the level of negligence and actionable malpractice, there are some general examples of when it might. These include:

  • Prescribing or administering an incorrect dosage
  • Prescribing or administering the wrong medication
  • Dispensing the wrong prescription to a patient
  • Prescribing medications to patients with known allergies
  • Over-prescribing medications, including opioids and painkillers
  • Failure to assess patient history for potential drug interactions
  • Communication failures between medical staff over take-home prescriptions
  • Administrative errors involving patient / medication mix ups

Because medical malpractice cases focus on proving that a provider’s care failed to meet accepted standards, these cases demand meticulous investigation and the insight of medical experts.

As such, our team at Portner & Shure, P.A. has cultivated a network of professional witnesses who help us evaluate the conduct of providers and provide critical testimony to support our clients’ claims. These connections, coupled with our extensive resources and experience litigating medical negligence actions, allows us to deliver a level of representation that general legal practitioners are simply unable to provide.

Who Can I Hold Liable for a Prescription Error?

If you or a loved one were harmed because of a prescription error, you may be able to hold a provider accountable through legal action.

However, it isn’t always easy to determine who is at-fault and who bears financial responsibility / liability, as they are not always one in the same. A hospital who employs a negligent nurse, for example, could potentially be held liable for injuries caused by that nurse’s prescription error, as could a medical practice that employed a physician who was negligent in prescribing a dangerous medication.

At Portner & Shure, P.A., we carefully examine the circumstances surrounding our clients’ cases to identify liable parties and sources of available compensation. Some examples of these parties in prescription error cases include:

  • Physicians
  • Nurses
  • Nurse practitioners with prescribing authority
  • Psychiatrists
  • Nursing homes / caregivers
  • Pharmacies
  • Hospitals
  • Medical practices
  • Pain management clinics

Can I File a Prescription Error Lawsuit?

You may have grounds to pursue a prescription error lawsuit if:

  • You (or your loved one) were being treated by a medical provider with whom you had a legitimate patient-provider relationship;
  • The provider was negligent / failed to meet their duty of care when prescribing, administering, or a dispending a prescription medication; and
  • The provider’s substandard care caused an injury and resulting losses.

Determining when a provider’s actions rise to the level of malpractice is no easy task, especially for layman who lack the requisite medical and legal insight. As such, it’s important for anyone who suspects that substandard care involving a prescription led to preventable injuries to seek counsel from experienced attorneys as soon as possible.

At Portner & Shure, P.A., our attorneys leverage decades of collective experience handling medical negligence cases to help potential clients evaluate whether they have valid claims for compensation.

In addition to exploring the merits of potential claims, we dig deep into identifying responsible parties and investigating whether they were negligent in prescribing, dispending, or administering prescription medications utilizing our network of connections with medical experts. This level of investigation allows us to construct strong claims that position our clients to seek the compensation they deserve.

If you would like a case-specific evaluation of your potential claim, we offer FREE and confidential consultations to help you get started.

Recoverable Damages in Prescription Error Malpractice Suits

Prescription errors have the potential to result in life-altering losses. From severe and painful injuries, permanent disabilities, and lasting complications to fatal overdoses or adverse reactions, these consequences can devastate victims and families emotionally and financially.

Fortunately, medical malpractice claims provide victims with a means to recover compensation for their losses. This includes damages such as:

  • Past and future pain and suffering
  • Medical bills
  • Future medical expenses
  • Past and future lost income
  • Disability and disfigurement
  • Loss of consortium and emotional support
  • Other economic and non-economic losses

Medical malpractice lawsuits are a viable and powerful tool for recovering compensation after medical negligence leads to preventable losses, but they are far from easy cases to litigate.

As our attorneys at Portner & Shure, P.A. are aware, medical negligence suits require extensive investigation and effort, as well as considerable insight into complex medical and legal concepts. Moreover, they demand the advocacy of proven attorneys who can help clients fight back against powerful corporations that prioritize profits over people in their attempts to dispute, deny, and underpay valid claims.

By enlisting the support of our medical malpractice team, you can benefit from having dedicated and well-resourced advocates by your side. From investigating the prescription error that led to your injury, collaborating with expert witnesses, and constructing compelling claims to leveling the playing field with medical malpractice insurance carriers, the work we do is intended to position our clients to recover the maximum compensation possible. We also devote considerable attention to evaluating the future losses our clients may incur because of their injuries and seeking a fair recovery for those damages as well.

Because every case is unique, the best way to evaluate the damages you may be eligible to recover is to speak personally with an attorney from our team.

Examples of Our Results

Portner & Shure, P.A. is known for litigating complex personal injury and wrongful death claims on behalf of families across Virginia, Maryland, and Washington, D.C. Backed by a team of trial-tested attorneys, we have successfully resolved a range of medical malpractice cases and have recovered more than $400 million in verdicts and settlements.

Some examples of our results:

  • $2.6 million settlement in a birth injury case against a Maryland Hospital involving a baby born with cerebral palsy. Our team alleged that both the hospital doctor and midwife negligently failed to monitor a pregnant mother and her baby following a placental rupture, which resulted in oxygen deprivation and brain damage.
  • $990,000 settlement for the family of a mentally disabled minor who died after he removed his restraints and breathing tube. Our team was able to locate evidence that the attending nurse failed to adequately supervise the patient and that she stepped out of the room while the patient was unrestrained long enough for him to suffer an anoxic event that ultimately led to his death. We were also able to negotiate a more than 75% reduction of a substantial Medicare lien.
  • $360,000 settlement obtained while in litigation for the family of a victim who died from an allergic reaction to morphine provided to him as a take-home medication after gall bladder surgery.

Call For a FREE Consultation: (855) 954-4141

Physicians, pharmacists, and other medical providers are expected to meet a standard of care when treating patients with prescriptions medications. When they fail to do so and patients suffer harm, they can be held liable for resulting damages.

At Portner & Shure, P.A., we leverage decades of experience litigating medical negligence cases to help victims and families explore their options after suffering harm caused by prescription errors. Our attorneys are known for providing personalized and passionate support and for securing significant results for clients in complex cases.

If you have questions about a potential medical malpractice lawsuit involving any type of prescription, we want to help. Our prescription error attorneys proudly serve clients across Virginia, Maryland, and Washington, D.C., offer FREE consultations, and handle cases on contingency, which means that there’s no fee unless win. To speak with an attorney, call (855) 954-4141 or contact us online.


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