Yes. You may be able to sue for a prescription medication error in Florida when a doctor, pharmacist, nurse, hospital, pharmacy, or another responsible party acts negligently and the error causes injury. Prescription medication errors can involve the wrong drug, an incorrect dose, a dangerous interaction, a known allergy, a dispensing mistake, or an administration error.
Florida medical malpractice claims generally require proof that a covered health care provider breached the prevailing professional standard of care and that the breach caused the injury. A medication injury by itself does not establish malpractice. Your prescription history, medical records, pharmacy records, medication administration records, laboratory results, and qualified expert review may help determine what happened and whether you have a viable claim.
Faiella & Gulden, P.A. represents patients and families in Orlando, Winter Park, and other communities throughout Florida in medical malpractice matters involving preventable medication injuries.
A medication injury alone does not prove malpractice. The claim must connect a breach of the applicable standard of care to the injury.
What Is a Prescription Medication Error? 
A prescription medication error can happen at any point between a provider deciding what medication to order and you receiving or taking it. Some errors happen during prescribing. Others occur when a pharmacy fills a prescription, when hospital staff administer medication, or when a provider does not provide monitoring that the circumstances require.
Examples can include:
- Prescribing the wrong medication for your condition
- Ordering a dose that is too high or too low
- Failing to account for a documented allergy
- Missing a dangerous drug interaction
- Prescribing a medication that presents a known concern because of another medical condition
- Dispensing the wrong drug or strength
- Giving medication intended for another patient
- Providing incorrect directions on a pharmacy label
- Failing to adjust a dose when age, body weight, kidney function, liver function, or another relevant factor requires an adjustment
- Failing to order or review laboratory testing when the medication and your condition require monitoring
- Failing to reconcile medications when you are admitted to or discharged from a hospital
For more information about medication error claims, visit the Orlando medication error lawyers page:
https://faiellagulden.com/orlando-medication-error-attorneys/
Elizabeth has represented plaintiffs in numerous jury trials since 1976. A member of the exclusive Inner Circle of Advocates, Elizabeth is a legal powerhouse who has been given numerous awards and honors--and she's not done yet. The son of a doctor and an attorney, Peter has a unique and in-depth understanding of all the complicated medical and legal issues involved in a malpractice claim. He has won many 7-figure verdicts for clients since joining his mother's firm in 2004. Allison C. McMillen is proud to be a second-generation plaintiffs’ attorney representing victims of medical malpractice, having practiced with her father, attorney Scott R. McMillen, for over a decade before joining the team at Faiella & Gulden, P.A.
Elizabeth H. Faiella
Peter J. "Tres" Gulden, III
Allison C. McMillen
When Does a Medication Error Become Medical Malpractice?
Florida law does not treat every poor medical outcome as negligence. Under Florida Statutes section 766.102, a claimant alleging medical negligence against a covered health care provider generally must prove that the provider breached the prevailing professional standard of care and that the breach caused the injury.
In a prescription medication case, the question is often whether a reasonably prudent similar provider would have acted differently under the same or similar circumstances. A prescribing physician may need to consider your documented allergies, current medications, diagnosis, health history, and other clinically relevant factors when selecting a drug or dose. A nurse may need to verify the medication, dose, route, timing, and patient before administration. A hospital may face questions involving medication systems, policies, supervision, communication, or staff conduct.
Florida Statutes section 766.203 also requires a presuit investigation for medical negligence claims. Before a claimant sends a notice of intent to initiate medical negligence litigation, the claimant must investigate whether reasonable grounds exist to believe that a named defendant was negligent and that the negligence caused injury. The statute requires corroboration through a verified written medical expert opinion from a qualifying medical expert.
The Orlando medical malpractice lawyers page explains the broader practice area:
https://faiellagulden.com/orlando-medical-malpractice-lawyers/
Shannon McLin
Connie Ashley
Can You Sue a Pharmacy for Dispensing the Wrong Medication?
You may have a negligence claim against a pharmacy or pharmacist when a dispensing error or another breach of a pharmacy duty causes injury. Florida courts have recognized that pharmacists can have duties tied to dispensing and the exercise of professional judgment.
The legal theory depends on the facts. A pharmacist who places the wrong medication or strength in a bottle presents a different issue from a physician who orders the wrong drug or a nurse who gives medication to the wrong patient. More than one person or organization may share responsibility for the same injury.
The classification of the claim also matters. Florida’s Chapter 766 medical negligence requirements do not automatically apply to every claim involving a pharmacy or pharmacist. The identity of each defendant, the conduct at issue, and the nature of the professional services can affect which presuit requirements and deadlines apply.
Who Could Be Responsible for a Prescription Medication Error?
A prescription medication error can result from several decisions or failures within the medication process. Depending on the facts, potentially responsible parties can include:
- A prescribing physician
- A nurse practitioner
- A physician assistant
- A nurse
- A pharmacist
- A pharmacy
- A hospital
- A clinic
- Another health care provider or organization involved in prescribing, dispensing, administering, or monitoring the medication
For example, you could be discharged from an Orlando hospital with a new prescription containing the wrong dosage. If the pharmacy fills the prescription as written and you suffer an overdose, the investigation may need to determine who entered the order, who approved it, whether the dosage should have raised a warning, what information was available in your chart, and whether anyone had a later opportunity to identify the error.
When the facts may involve hospital systems, policies, or staff, visit the Orlando hospital negligence attorneys page:
https://faiellagulden.com/orlando-hospital-negligence-attorneys/
What Evidence Can Help Prove a Prescription Error Claim?
Medication error cases often depend on documentation and timing. The goal is to reconstruct what was prescribed, what was dispensed, what was administered, and what happened afterward.
Evidence may include:
- The original prescription or electronic prescription record
- The pharmacy label and prescription bottle
- Your medication list
- Your hospital or medical chart
- Medication administration records
- Allergy records
- Electronic prescribing data
- Laboratory results
- Discharge instructions
- Pharmacy transaction records
- Messages between you and health care providers
- Records from follow-up treatment
- Witness information when another person observed the medication error or its effects
Preserve the medication, bottle, packaging, receipts, written instructions, and medication lists when possible. Do not alter the label or discard the packaging. If you have continuing symptoms or complications, seek appropriate medical care. Treatment records may also help document the nature, timing, and progression of your injury.
What Damages May Be Available in a Florida Medication Error Case?
If you prove that a medication error caused compensable harm, you may be able to seek damages for losses connected to the injury. The damages available depend on the facts, the legal claims, and the severity and duration of the harm.
Potential damages can include:
- Past and future medical expenses
- Hospitalization and rehabilitation costs
- Lost income
- Reduced future earning capacity
- Pain and suffering when permitted by law
- Disability and loss of normal activities
- Wrongful death damages that may be available to eligible survivors or the estate when Florida law allows recovery
There is no dependable average settlement amount for a prescription medication error claim. Case value depends on the strength of the liability and causation evidence, the nature of the injury, future medical needs, the effect on your work and daily life, available insurance or assets, and other case-specific facts.
What Is Florida’s Presuit Process for Medical Negligence?
When your claim qualifies as medical negligence under Chapter 766, Florida requires presuit steps before you file a medical negligence lawsuit.
The process generally involves:
- Conducting a reasonable presuit investigation
- Obtaining the required verified written medical expert opinion when section 766.203 applies
- Identifying prospective defendants
- Serving a notice of intent to initiate medical negligence litigation
- Participating in the statutory presuit screening process
Florida Statutes section 766.106 provides that a medical negligence suit may not be filed for 90 days after notice is delivered to a prospective defendant. During that period, the prospective defendant or insurer reviews the claim.
These requirements make early investigation valuable. Your attorney may need time to obtain records, consult a qualifying medical expert, identify each potential defendant, analyze causation, and comply with the statutory process before filing a lawsuit.
How Long Do You Have to File a Prescription Error Lawsuit in Florida?
Florida Statutes section 95.11(5)(c) generally requires an action for medical malpractice to be commenced within two years from the incident or within two years from the time the incident is discovered, or should have been discovered through due diligence. The statute also generally provides that a medical malpractice action may not be commenced later than four years from the incident, subject to statutory exceptions.
Do not assume that you automatically have four years to act. Your deadline can depend on how the claim is classified, who the defendants are, when the incident or injury was discovered, whether a statutory exception applies, and how Florida’s presuit requirements affect the calculation.
For more information about medical malpractice deadlines in Florida, read:
What Should You Do After a Suspected Prescription Medication Error?
Protect your health first. If you believe a prescription medication may be causing harm, seek appropriate medical attention. If you are still taking the medication, ask a qualified medical professional or pharmacist what you should do rather than stopping a necessary prescription without medical guidance.
You can also take steps to preserve information that may matter later:
- Keep the medication, bottle, packaging, pharmacy paperwork, receipts, and written instructions
- Save your medication lists and discharge documents
- Preserve messages with doctors, nurses, pharmacies, and other providers
- Write down when the medication was prescribed and filled
- Record when each dose was taken, if you can do so accurately
- Note when symptoms began and where you received follow-up treatment
- Keep the names of facilities and providers involved in your care
- Avoid altering labels or discarding packaging
- Avoid posting detailed accusations about the incident on social media while the facts are still being investigated
A clear timeline can help your attorney and medical experts evaluate what happened, identify the parties involved, and analyze whether the medication error caused or worsened your injury.
Speak With an Orlando Prescription Medication Error Attorney
If a prescription medication error caused a serious injury, you may have questions about what went wrong, who may be responsible, and which Florida legal rules apply. Faiella & Gulden, P.A. handles medical malpractice matters for clients in Orlando, Winter Park, and other communities throughout Florida.
The firm can review the medical timeline, obtain and analyze relevant records, evaluate whether Chapter 766 applies, and assess the evidence without promising a particular result.
Call (407) 470-1225 or visit:
https://faiellagulden.com/contact/
This article is for informational purposes only and is not legal advice. Every case depends on its specific facts and applicable law. Consult an attorney about your situation.
