Are prescription mistakes in Virginia considered medical malpractice?

Yes, prescription mistakes can be considered medical malpractice in Virginia. Prescription drugs have a host of side effects and taking the wrong drug can be costly – financially, physically, and emotionally. There are a number of prescription mistakes that can be made, and many are considered negligent. 

  • Prescription errors can be a result of a misdiagnosis, causing the wrong drug to be given. 
  • Doctors and nurses can also administer a drug that was not prescribed by mistake; they can also administer the wrong dosage of a prescribed drug.  Both instances would be considered medical negligence. 
  • If a drug has had a warning placed on it by the FDA, but a doctor continues to prescribe it, he or she could be held responsible for any negative reaction that a patient endures. 
  • A doctor may also prescribe a drug that should not be taken with a prescription drug you are already taking. 
  • A pharmacist can also fill a prescription with the wrong drug if the doctor’s handwriting is illegible. 
  • If the wrong drug is placed in a container with the correct label, then the pharmacist is responsible for the medical neglect. 

You are the best advocate for your own healthcare so make sure to check and double check your prescription drugs.  Make sure your doctor knows which drugs you are already taking.  Inquire about each prescription and ask why that particular drug is being used.  Ask your pharmacist or doctor about potential side effects and research on your own as well. 

If you believe that you or a loved one has been harmed by a prescription error in Virginia, contact a medical malpractice lawyer to see if you have a case. Our Fairfax attorneys are available to help. Call us today at 703.591.0067. 

Michael J. Shevlin
Connect with me
Specializing in medical malpractice and serious personal injury cases since 1994.