Washington, D.C. Medication Error Attorneys
Our medication malpractice attorney in DC outlines common mistakes and how to pursue justice
Medication errors are one of the most dangerous, yet most preventable, failures in the healthcare system today. While some medication mistakes are fatal, even those that are not can cause severe, lifelong injuries. Physicians, nurses, anesthesiologists, and pharmacists all have a duty to administer medication properly. If any healthcare provider has breached their duty of care and you have been hurt as a result, the law allows you to pursue justice. Our Washington, D.C., medication error lawyers are here to help.
Reviewed by Christopher T. Nace, Attorney at Nace Law Group
Table of contents
- Why choose Nace Law Group?
- Common types of medication errors in Washington, D.C.
- Pharmacy errors vs. hospital medication errors
- When are nurses liable for medication errors?
- Who is at high risk of injuries from medication errors?
- Injuries caused by medication errors in Washington, D.C.
- Can you file a wrongful death claim after a fatal medication error?
- How are medical malpractice cases investigated?
- Filing requirements for medical malpractice claims in Washington, D.C.
- Washington, D.C. medication error FAQs
- How to find a medical malpractice attorney in DC near me
Why choose Nace Law Group?
The injuries caused by medication errors are some of the most serious. At Nace Law Group, our seasoned attorneys have handled numerous catastrophic medical negligence claims.
Our team played a significant role in Daubert v. Merrell Dow Pharmaceuticals, Inc., which established the federal standard on expert testimony. We are ready to take on facilities such as MedStar Washington Hospital Center, George Washington University Hospital, and pharmacies throughout the District of Columbia to help you obtain the justice you deserve.
We are dedicated to holding hospitals and healthcare systems accountable. Given that these cases often require complex litigation, we are always ready to go to trial to fight for your rights. This experience, along with the fact that we always keep our clients up to date and informed about their case, has earned us a ranking in the Top 100 Trial Lawyers from The National Trial Lawyers and recognition from Best Lawyers in 2025.
Common types of medication errors in Washington, D.C.
Prescription errors are broadly defined as any preventable event that can result in the inappropriate use of medication or harm to a patient. These medication errors typically fall into four categories, which include:
- Administration errors: Administration mistakes occur when a patient is receiving medication. These are among the most common types of errors. They include giving medicine to the wrong patient, administering a drug incorrectly, providing a dose well outside of the prescribed window, or administering an IV fluid or medication too slowly or too quickly. Determining which of these errors caused injury is challenging. Our drug administration error lawyer can establish how the harm occurred.
- Prescription mistakes: These errors are made by medical professionals before the pharmacy even receives the prescription. Our medication overdose malpractice lawyer can determine if too much or too little of a drug was prescribed, if the wrong interval was ordered, or if it was known that you were allergic to a specific type of medicine. Our incorrect prescription lawyer in DC has the necessary experience to hold medical professionals accountable.
- Dispensing errors: These mistakes occur at pharmacies. They include dispensing the wrong drug, dispensing the wrong amount, or providing incorrect or confusing instructions.
- Monitoring mistakes: Monitoring errors happen after a drug has been administered successfully. Medical professionals may fail to follow up on tests or overlook dangerous drug interactions between a new prescription and medication a patient is already taking.
Pharmacy errors vs. hospital medication errors
There are important differences between medication mistakes that happen at pharmacies and those that occur at hospitals.
Pharmacy errors typically take place in retail locations, such as Whitman-Walker Pharmacy or Morgan’s Pharmacy. Pharmacies and staff members who work in them most often make dispensing errors. These are often a result of high workloads, understaffing, similar packaging, and electronic prescribing systems, which may be faulty. Our pharmacy negligence attorney in DC can assist with these complex cases.
Medication mistakes made in hospitals are very complicated and typically involve lengthy processes in which care transitions break down. These errors typically involve prescribing and ordering mistakes or administration mishaps by nursing and support staff. Miscommunication, illegible charts, and staffing fatigue are some of the most common causes of hospital prescription mistakes. Our hospital medication error attorney can determine what caused your injuries and hold the appropriate facility accountable.
When are nurses liable for medication errors?
Nurses can be held liable for medication errors when they administer the wrong drug, give the wrong dose, or miss doses entirely. Nurses should take certain steps to prevent these mistakes.
Nursing staff can ensure medication is given to the right patient by using two identifiers, such as the patient’s name and date of birth. They must also verify any allergies a patient may have and ensure any medicine administered matches the doctor’s order. Nurses must correctly calculate doses and ensure they double-check all drugs and prescriptions.
Nurses must also provide the necessary medication at the exact time and frequency prescribed, and record when they administered drugs to prevent double-dosing or missed doses.
Who is at high risk of injuries from medication errors?
Young children and the elderly are at the highest risk of suffering injuries from medication errors. Prescriptions for children are often weight-based, meaning even a minor miscalculation can cause a serious overdose. Administering drugs intended for adult use or confusing liquid measurements, such as mistaking milliliters for teaspoons, is a main cause of medication mistakes harming young children.
Older individuals are also at significant risk of medication mistakes because they often take multiple medications. This increases the risk of dangerous drug interactions. Adult doses can also become problematic because the liver and kidney functions slow down with age, meaning a dose can be toxic if the previously administered drug has not yet been metabolized.
Injuries caused by medication errors in Washington, D.C.
Medication errors can result in serious and irreversible long-term injuries and complications. These include:
- Brain and neurological damage
- Organ failure
- Cardiovascular problems
- Sensory loss
- Psychological and behavioral issues
Our dangerous medication injury attorney has seen serious complications that arise from prescription mistakes.
Can you file a wrongful death claim after a fatal medication error?
In the most tragic of cases, medication errors can be fatal. In these instances, the personal representative of the deceased’s estate must file the lawsuit. To successfully pursue a wrongful death lawsuit, the personal representative must show that the deceased had a professional relationship with the medical provider, such as providing a pharmacist with the prescription or seeing a doctor and receiving medication as part of the treatment.
The personal representative must then establish that the medical professional breached their duty by failing to adhere to the accepted standard of care. The death must be directly linked to the breach of duty, and the damages or losses sustained must also be proven with strong documentation.
Our Washington, D.C. wrongful death lawyer can help prove these complicated cases.
How are medical malpractice cases investigated?
There are many steps involved in medical malpractice investigations. These include:
- Consulting with an attorney: It is highly recommended that you speak to an attorney before filing a medical malpractice claim for a medication error. A lawyer can accurately value your claim, collect the strong evidence you need, and successfully prove your case.
- Documentation collection: Your attorney will collect all pertinent documentation, including the original prescription, hospital administration logs, dispensing records, your patient chart, and more, to determine how the mistake occurred.
- Consult expert witnesses: Your lawyer will also consult with an expert witness who can testify about any deviations from the accepted standard of care and prove how the medication error happened. Expert witnesses are required in most, although not all, medical malpractice cases in DC.
- Disciplinary investigations: In addition to filing a lawsuit, your lawyer can also help you file a complaint with the District of Columbia Board of Medicine or the Board of Pharmacy. These organizations will then conduct their own investigation, which may procure more evidence that strengthens your case.
Filing requirements for medical malpractice claims in Washington, D.C.
When filing a medication negligence lawsuit in Washington, D.C., there are certain requirements you must fulfill. Before even filing your suit, you must provide the healthcare provider you are suing with 90 days' notice (D.C. Code § 16-2802). This notice rule also applies to claims against pharmacies and pharmacists. You must include within the notice the legal basis for the claim, the injuries you sustained, and the damages you are pursuing. If that notice is served within 90 days of the filing deadline, the deadline is extended by 90 days from the date the notice is served (D.C. Code § 16-2803). Once a medical malpractice lawsuit is filed, the court must also order the parties to mediation (D.C. Code § 16-2821).
Under the statute of limitations in DC, you then generally have three years from the date of injury, or the date you discovered or should have discovered the injury, to file the lawsuit (D.C. Code § 12-301(a)(8)), although wrongful death claims generally must be filed within two years after death (D.C. Code § 16-2702). When proceeding with your lawsuit, expert testimony is required in most cases to verify that your case has merit.
Washington, D.C. medication error FAQs
What damages can I recover for a medication error?
You can recover financial compensation for any loss you suffered due to a medication mistake. These include economic damages, such as medical expenses and lost income, as well as non-economic damages, such as pain and suffering and loss of enjoyment of life. Non-economic damages do not have a concrete dollar value, and so, they are more difficult to calculate. In rare cases, you may also be able to obtain punitive damages, but only if the medical provider acted maliciously or recklessly.
How common are medication mistakes in Washington, D.C.?
The exact figures of medication errors in Washington, D.C., are not publicized, but national estimates show that these mistakes affect a large portion of hospitalized patients. The Leapfrog Hospital Safety Grade analyzes how specific hospitals protect their patients from malpractice so the public can look up this information.
Can a doctor be held liable for prescribing the wrong medicine?
Yes, doctors in Washington, D.C., can be held liable for wrong prescriptions if the action constitutes malpractice. To pursue a claim, you must show the doctor failed to provide the accepted standard of care, and you suffered harm as a result.
What should I do after discovering a medication error?
After a prescription mistake, there are several steps to take to protect your rights and any claim you file. These include:
- Seek immediate medical attention.
- Document and preserve evidence.
- Report the mistake to the facility and the District of Columbia Department of Health.
- Consult a DC medication error attorney.
What evidence is needed in medication error cases?
The strongest evidence that can prove prescription mistakes includes:
- Medical and pharmacy records
- Photographs and video footage of the injuries, incorrect drugs, and confusing labels
- Incident reports from the facility
- Expert testimony
- Proof of damages, such as medical bills, pay stubs, and a pain journal
How to find a medical malpractice attorney in DC near me
At Nace Law Group, our prescription error lawyer in Washington, D.C., is happy to help clients in the District of Columbia, including Georgetown, who have suffered harm due to medication malpractice.
Our medication error lawyer in Washington, D.C., can help with your case
Although it may be possible to obtain damages for harm suffered due to malpractice, it is not easy. At Nace Law Group, our Washington, D.C., medication error lawyer can help collect the evidence that will prove your case so you obtain the compensation you are entitled to. Call us today or contact us online to schedule a consultation and to get the legal advice you need.