Your case is our top priority, and we will leverage the full extent of our firm’s resources – including our hometown advantage – to deliver the results you deserve.
What Is a Medication Error?
A medication error is a preventable mistake that occurs at any stage of the prescribing, dispensing, or administration of a drug. These errors may happen in hospitals, emergency rooms, clinics, nursing homes, or pharmacies. They can involve the wrong medication, incorrect dosage, improper timing, or failure to account for a patient’s allergies or medical history.
Not every adverse drug reaction qualifies as a medication error. However, when harm occurs because a healthcare provider failed to follow accepted medical standards, the error may constitute medical malpractice. A Farmington medication error lawyer can evaluate whether negligence played a role in your injury and whether you have a valid claim.
Common Types of Medication Errors
Medication errors can take many forms. Some of the most common types include:
Wrong Medication
Patients may receive a completely different drug than what was prescribed, often due to similar drug names, misread handwriting, or electronic entry errors.
Incorrect Dosage
Receiving too much or too little medication can be extremely dangerous. Dosage errors are especially common with children, elderly patients, and powerful drugs such as opioids, blood thinners, or chemotherapy medications.
Improper Administration
Medication may be given through the wrong route, such as an oral drug administered intravenously, or at the wrong time or frequency.
Failure to Consider Allergies or Interactions
Prescribing a drug that a patient is allergic to or that dangerously interacts with other medications can result in severe complications.
Pharmacy Dispensing Errors
Pharmacists may mislabel prescriptions, provide incorrect instructions, or dispense the wrong medication entirely.
Monitoring Errors
Failing to properly monitor a patient’s reaction to a medication or adjust dosages as needed can also constitute a medication error.
Common Causes of Medication Errors
Medication errors are often the result of systemic failures within healthcare settings. Common causes include:
- Poor communication between doctors, nurses, and pharmacists
- Illegible handwriting or incorrect electronic health record entries
- Inadequate staff training or supervision
- Understaffing and excessive workloads
- Failure to review patient medical history
- Lack of proper safety protocols
- Distractions or interruptions during medication administration
Hospitals and healthcare facilities have a duty to implement safeguards that prevent these mistakes. When they fail to do so, injured patients may have grounds for a medication error lawsuit.
Injuries Caused by Medication Errors
The consequences of a medication error can range from mild side effects to catastrophic harm. Common injuries include:
- Organ damage (liver, kidney, or heart failure)
- Internal bleeding or blood clots
- Allergic reactions or anaphylaxis
- Overdose or toxicity
- Worsening of the underlying medical condition
- Birth defects due to medication errors during pregnancy
- Permanent disability or death
Our Farmington medication error attorney can help document the full extent of your injuries and calculate the long-term impact on your health and finances.
Who Can Be Held Liable for a Medication Error?
Multiple parties may be responsible for a medication error, depending on how and where the mistake occurred. Potentially liable parties include:
- Physicians who prescribe the wrong drug or dosage
- Nurses who improperly administer medication
- Pharmacists who dispense incorrect prescriptions
- Hospitals or clinics for system-wide failures
- Nursing homes or assisted living facilities
At Harvey, Foote & Baker Law Firm, we conduct thorough investigations to determine all responsible parties and pursue maximum compensation on your behalf.
Compensation Available in a Medication Error Claim
Victims of medication errors in Farmington, NM may be entitled to compensation for both economic and non-economic damages, including:
- Medical bills and future treatment costs
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Long-term disability or disfigurement
- Wrongful death damages for surviving family members
New Mexico medical malpractice laws may impose certain requirements and limitations on claims, making it essential to work with an experienced medication error lawyer who understands state-specific regulations.
Medication Error Claim FAQs
How do I know if I have a medication error case?
If you were harmed because a healthcare provider failed to follow accepted medical standards when prescribing or administering medication, you may have a claim. An attorney can review your medical records and consult experts to determine liability.
How long do I have to file a medication error lawsuit in New Mexico?
New Mexico generally has a statute of limitations for medical malpractice claims. Acting quickly is critical to preserving evidence and protecting your rights.
What if the error happened in a hospital?
Hospitals may be held liable for the actions of their employees or for unsafe policies and procedures that contribute to medication errors.
Do I need medical records to file a claim?
Medical records are essential in proving a medication error case. Your attorney can help obtain and analyze these records.
How much does it cost to hire a Farmington medication error lawyer?
Most medication error attorneys, including Harvey, Foote & Baker Law Firm, work on a contingency fee basis, meaning you pay nothing unless compensation is recovered.
Why Families Choose Our Firm
When a medication error harms an elderly or medically fragile person, families need more than a general personal injury practice. They need a firm that understands how long-term care facilities operate day to day. At Harvey, Foote & Baker Law Firm, much of the work we do involves nursing home abuse and negligence cases throughout New Mexico, including matters that arise from facilities serving residents in Farmington.
This focus means we are familiar with medication administration records, staffing patterns, corporate policies, and the ways facilities sometimes try to explain away serious drug errors. Our attorneys have obtained multimillion-dollar settlements in nursing home-related cases, and some of those outcomes have led to important changes in procedures designed to protect future residents. For many families, knowing that a case can help improve safety is as important as the financial result.
Attorney Dusti Harvey brings an additional perspective that is unusual in this area. Before representing injured residents and families, she served as in-house corporate counsel and mediator for a national nursing home chain. That background gives our firm insight into how corporate owners think about risk, which records they pay close attention to, and how they may try to limit exposure when a medication error occurs. We draw on that understanding when we evaluate timelines, documentation, and internal policies.
Families also tell us that how they are treated during the process matters. Our team approach is designed to give you a consistent point of contact and clear updates while your case is being evaluated and pursued. We work to resolve many cases efficiently, without unnecessary delay, but we are prepared to move forward in court if that is what it takes to pursue accountability for a serious medication or prescription error affecting your loved one.
To get started, contact our firm today.
What Sets Us Apart
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You Deserve Maximum CompensationOur team is committed to standing up for the injured in New Mexico. When you or your loved one have been harmed because of someone else's negligence, you don't just deserve compensation, you deserve justice.
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You Deserve an Experienced Legal TeamOur attorneys have handled thousands of cases and are true legal innovators when it comes to pursuing cases. We have the tools, resources, and knowledge to properly obtain maximum compensation on your behalf.
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You Deserve New Mexico AdvocatesAt Harvey, Foote & Baker Law Firm we are New Mexico-based attorneys who understand how scary and difficult this time can be. When you work with us, we can guarantee that you, your family, and your case are of the highest priority to us.
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You Deserve Dedicated RepresentationSince 2005 our team has been solely dedicated to protecting the rights of those injured and mistreated in nursing homes throughout the state. We know and understand how the system works and how to obtain the best possible outcome on your behalf.
Real Clients. Real Stories.
Hear From Past Clients Who Have Worked With Harvey, Foote & Baker Law Firm
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There are no words to express my appreciation for everyone at the Harvey, Foote & Baker Law Firm. You gave my mom her dignity back and made sure she wasn't just a number. Of course, we would rather her still be with us but you enabled her to leave a legacy to her grandchildren. You helped us through the worst time of our lives and got justice for my mom. I always knew that I had the best team on my side!!Carla S.
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Our lives were changed by tragedy in December 2012, but the team at Harvey, Foote & Baker were a sight for sore eyes. We were lucky to have such smart and talented attorneys and staff who fought hard for us. I will never forget the professionalism, care, and sincere attention you always gave us. You've made a huge difference in my life, and I am grateful to all of you!Lydia S.
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The team at Harvey, Foote & Baker is wonderful and compassionate. They worked hard to help us after losing our father due to neglect of care. They continue to fight for our family, and we appreciate them so much. Highly recommend.Michael C.
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Harvey, Foote & Baker Law Firm is the team you want looking out for your best interests. You can rest assured knowing they are on your side. The many obstacles facing your case will be met by their dedicated team of professionals.Norberto G.
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“Having the BEST attorneys on our side brought about an even better than expected outcome. Thank you, Dusti, Jennifer, and all of your amazing staff!!”Mara H.
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“We were astounded by how thorough you were, delightful towards us, but tough against the other side. We were shocked that you were able to recover so much money for our family.”Cindy
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“Ms. Dusti Harvey and Ms. Jennifer Foote and their staff were an AMAZING firm to work with!!! Their staff kept me in the loop through the entire process.”Tammi L.
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“Dusty and her crew were there to pick up the pieces and made sure that they kept us informed from the smallest thing to the biggest. I will forever be grateful to you.”Hermelinda P.