Can You Sue for Medication Errors in New York?

Every year, the Food and Drug Administration receives more than 100,000 reports that are related to medication errors. Many incidences go unreported, even in cases where patients sustained serious harm. The most unfortunate part of medication errors is that the vast majority of them are entirely preventable if physicians and other healthcare professionals had observed basic medical standards. Because they did not, you or your loved one have sustained significant injuries that require financial compensation to treat. The good news is that you can sue doctors, nurses, other medical professionals and the hospitals and facilities that employ them for their negligence and/or wrongful conduct. For more information on medication errors in New York, please read on, then contact one of our experienced Westchester County medical malpractice attorneys today.

How do medication errors occur in New York?

The most common causes of medication errors are as follows:

  • Incorrect diagnosis
  • Prescribing errors
  • Dose miscalculations
  • Poor drug distribution practices
  • Drug- and drug device-related problems
  • Incorrect drug administration
  • Failed communication
  • Unfamiliarity with patient’s medical history

As a result of medication errors, thousands upon thousands of unsuspecting people are needlessly subjected to:

  • Life-threatening situations
  • Hospitalizations
  • Death

How do you prove a medication error case in New York?

There should be clear proof that the medical professional’s actions were harmful to the patient’s health. You will need to verify that the administered medication caused health problems or worsened the state of a preexisting condition. This medical problem should be severe enough to warrant a lawsuit. A critical component of successfully prosecuting a medication error case is assigning liability to the correct party. To do that, you must prove:

  • The existence of a medical professional-patient relationship, establishing a duty of care
  • The medical professional or his or her facility was negligent in regards to your medication, i.e. that the care provided fell below the prevailing standard of care within the medical profession, and
  • You, the patient, suffered injury as a result of the medical professional’s negligent medication error

What is the statute of limitations for medical malpractice in New York?

In the Empire State, you generally have two years and six months, starting from the date of the underlying incident, to bring forward a medication error or other medical malpractice case. It is critical that you get the process started as soon as possible by retaining the services of one of our skilled Westchester County personal injury attorneys.

Your seasoned legal representative will fight for the full range of economic, non-economic and, should the situation warrant it, punitive damages, because he or she knows that defendants will not rectify their conduct unless given a compelling reason to. Let us fight to hold the negligent party accountable.


Hausman & Pendzick effectively represent victims of negligence in Westchester County and across the state of New York. Contact us today for help.

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