Attorney
When you are facing an illness, injury, or managing a chronic condition, you rely on your healthcare providers to be staunch allies who will safely and accurately guide your treatment. But when negligence occurs behind the pharmacy counter, a simple mistake can have devastating consequences. Knowing what to do if a pharmacy gives you the wrong dosage is critical to protecting both your health and your legal rights.
Studies show that between 7,000 and 9,000 people die in the United States each year due to medication errors. At Koonz, McKenney, Johnson & DePaolis, LLP, we help individuals and families across Maryland, Virginia, and Washington, D.C., fight for the compensation they deserve when medical negligence exposes them to life-threatening risks.
When Does a Prescription Error Qualify as Medical Malpractice?
If a pharmacy dispenses the incorrect dosage of your medication, you should take it seriously. These types of prescription errors can constitute medical malpractice, as pharmacists have a duty to accurately review, fill, and dispense medications.
If you have suffered physical harm, illness, or a worsened medical condition because of a wrong dosage, you have the right to pursue legal action. Our team can help you navigate this complex process by:
- Investigating the cause of the prescription or dispensing error.
- Collecting evidence to establish liability (whether it lies with the pharmacist, the pharmacy chain, or the prescribing physician).
- Managing all legal paperwork and communications so you can focus on your recovery.
- Negotiating with the pharmacy’s insurance representatives to secure a fair settlement.
- Representing your interests in court if a lawsuit becomes necessary.
We work on a contingency fee basis, meaning we offer free initial consultations and only collect a fee if we successfully secure compensation for your damages.
Seeking Legal Guidance in the DMV
- If your prescription was filled in Washington, D.C., you may have grounds for a medical malpractice claim in Washington, D.C..
- If your error occurred at a Virginia location, you can consult with our Fairfax medical malpractice lawyers.
- If you were injured by a pharmacy mistake in Maryland, our Maryland medical malpractice attorneys are ready to assist.
Doctor Error vs. Pharmacy Error: Who Is at Fault?
When trying to figure out what to do if a doctor prescribes the wrong dosage versus when a pharmacy fills it incorrectly, the distinction comes down to where the breakdown in communication occurred.
- The Doctor’s Responsibility: If a physician prescribes an incorrect dosage (for example, ordering a pediatric dose that is far too high or confusing two drugs with similar names), the doctor may be held liable for medical malpractice.
- The Pharmacist’s Responsibility: Most courts have ruled that pharmacists do not have a general duty to warn patients about adverse effects of their prescribed drugs. Instead, under the learned intermediary doctrine, this responsibility generally falls on the prescribing physician. However, pharmacists may be held liable for mechanical errors such as dispensing the wrong drug or dosage, and Maryland law imposes a duty to verify a prescription if there is an obvious discrepancy or reason to suspect an error.
What to Do If the Pharmacy Gives You the Wrong Medication or the Wrong Amount
Not all pharmacy errors involve the wrong dosage strength; sometimes, the issue is getting an entirely different drug, or getting the incorrect quantity of your medication.
What if the pharmacy gave me an entirely different medication?
If you realize you have been given the wrong medication:
- Do not take it: Place the bottle in a safe place where no one else in your household can accidentally ingest it. Keep the incorrect bottle and its contents in a secure place, take clear photos of the packaging, pills, and receipt.
- Notify your prescribing doctor: Your doctor needs to know your treatment has been delayed and can advise you on how to manage any missed doses of your actual medication. If you’ve accidentally taken the wrong medication, they can help you understand the potential risks and recommend next steps to protect yourself.
- Notify the pharmacy: Ask to speak with a manager and explain what happened. Document your conversation in writing, including the names of anyone you spoke to and what was discussed. Request a copy of your original prescription and ask that they dispense the correct medication in a new, separate bottle.
- Get a medical evaluation: Follow your doctor’s advice. If you’ve accidentally taken the wrong medication, it’s important to document any symptoms and be evaluated by a medical professional. Your doctor may ask you to go to the emergency room if there’s a high risk of adverse reactions. Medical documentation will help establish a timeline if you intend to file a legal claim.
- Get legal advice: If a pharmacy error put you at risk, it may rise to the level of medical malpractice or negligence, and you may be able to seek damages for medical bills, lost wages, and health complications.
Can I get in trouble if the pharmacy gave me too many pills?
No, you will not face criminal charges or legal trouble for a pharmacy’s mistake. However, keeping or consuming excess medication (especially controlled substances like pain relievers or stimulants) poses health and compliance risks.
If you notice your bottle contains more pills than prescribed, contact both the pharmacy and your prescribing doctor immediately to document the error and learn how to safely handle the excess.
What should I do if the pharmacy shorts my prescription?
If a pharmacy dispenses fewer pills than your doctor prescribed, this is more than a financial inconvenience. Being shorted on your prescription can cause you to abruptly miss doses, leading to dangerous withdrawal symptoms or a relapse of your medical condition. If this happens:
- Double-check your paper prescription or online patient portal to confirm the exact quantity ordered.
- Contact the pharmacy immediately before you run out. Ask them to verify their inventory logs (they keep strict counts of controlled substances and can usually spot a discrepancy quickly).
- If the pharmacy refuses to correct the mistake and you suffer health complications as a result of missed doses, document the interaction and consult a legal professional.
If you are a chronic pain patient operating under a signed pain management contract (or similar opioid agreement) with your doctor, failing to report the error is a risk. Some agreements include pill counts, and having fewer than you should may lead to dismissal from the practice.
Seek Medical Attention Immediately if You Ingested the Wrong Dose
If you discover a dosage error before taking the medication, keep the bottle as evidence, contact your pharmacy to report the error, and request a corrected prescription.
However, if you have already ingested the wrong dosage, your health is the absolute priority:
- Seek medical attention: Call your prescribing physician, visit an urgent care clinic, or go to the emergency room if you experience acute symptoms. Even if you feel fine initially, the internal damage of an incorrect dose (such as organ strain or toxicity) may not be immediately apparent.
- Contact Poison Control: For immediate guidance on the toxicity of the specific dose you took, the National Capital Poison Center (1-800-222-1222) is an invaluable resource for DMV residents.
- Keep calm and document: Once you are medically stable, write down exactly what happened, including the times you took the medication and when you began feeling symptoms.
Know the Signs of a Wrong Dosage Injury
Symptoms of a medication overdose or underdose can vary wildly depending on the drug, but common red flags include:
- Nausea, vomiting, or sudden migraines
- Drowsiness, confusion, or fatigue
- Rapid or irregular heartbeat
- Sudden shifts in body temperature or cold sweats
Consider contacting your doctor if you think there might be any cause for concern regarding your prescription, no matter how small.
Steps to Take to Secure Your Legal Case
To build a strong foundation for a medical malpractice claim, you must treat the physical evidence of the pharmacy error with care:
- Speak to an attorney about your situation: In some jurisdictions, including Washington, D.C., Maryland, and Virginia, contributory negligence bars plaintiffs from seeking damages if they are found to be even 1% at fault. If you intend to seek damages, seek legal counsel before speaking with representatives of the pharmacy or doctor.
- Do not throw away the packaging: The prescription bottle, the box, the paper leaflets, and the receipt are the physical proof of the pharmacy’s error.
- Take photographs: Photograph the label on the bottle, the shape/color of the pills, and any dosage markings on the packaging or syringe.
- Document the timeline: Record the date you picked up the medication, how many doses you took before realizing the error, when you noticed the error, whom you spoke with at the pharmacy to report the mistake, and their response.
Protect Yourself from Future Pharmaceutical Errors
While the legal responsibility for accuracy falls on medical professionals, taking a proactive approach when picking up your prescriptions can save you from a life-altering medical emergency.
Before leaving the pharmacy counter:
- Open the bag and check the label: Ensure your name, the drug name, and the dosage instructions match what your doctor told you.
- Verify the physical appearance: If you are refilling a familiar medication and the pills look different (different color, shape, or imprint code), ask the pharmacist to verify it. While manufacturers sometimes change, it is always worth double-checking.
- Ask for a consultation: Don’t hesitate to ask the pharmacist to review. Ask, “Is this the exact dosage my doctor prescribed?” and “Are there any new instructions I should know about?”
Connect with a DMV Medical Malpractice Lawyer
A pharmacy error can disrupt your health, your livelihood, and your peace of mind. Every case features a unique set of circumstances, from the specific class of medication to the severity of the physical side effects you endured.
At Koonz, McKenney, Johnson & DePaolis, LLP, we take the stress of the legal process off your shoulders so you can focus on recovering your health. Contact us today to schedule your free, no-obligation case evaluation.