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 any preventable mistake related to prescribing, dispensing, administering, or monitoring a drug. These errors can occur in hospitals, clinics, pharmacies, nursing homes, and even in outpatient care settings.
Healthcare providers have a duty to ensure medications are prescribed and administered safely. When they fail to meet the accepted standard of care, patients may suffer serious harm. Medication errors may involve doctors, nurses, pharmacists, or other healthcare professionals, and liability may extend to medical facilities or organizations as well.
Even minor mistakes can lead to severe consequences. Some medication errors result in allergic reactions, organ damage, worsening medical conditions, or dangerous drug interactions. In the most serious cases, they can be fatal.
Common Types of Medication Errors
Medication errors can happen at multiple points in the healthcare process. Some of the most common types include:
- Incorrect Prescription: A doctor may prescribe the wrong medication for a patient’s condition or fail to consider existing health issues and medications.
- Wrong Dosage: Giving too much or too little of a medication can lead to dangerous side effects or ineffective treatment.
- Pharmacy Dispensing Errors: Pharmacists may fill prescriptions incorrectly, mislabel medications, or provide the wrong drug entirely.
- Administration Mistakes: Nurses or healthcare staff may administer medications at the wrong time, through the wrong method, or to the wrong patient.
- Failure to Check Allergies or Interactions: Healthcare providers must review patient histories. Ignoring allergies or drug interactions can result in serious complications.
- Inadequate Monitoring: Some medications require close monitoring for side effects or toxicity. Failure to track patient responses can lead to preventable harm.
Each of these errors can have life-altering consequences, and many are entirely avoidable when proper procedures are followed.
Common Causes of Medication Errors
Understanding why medication errors occur is an important step in determining liability. While individual mistakes happen, many cases involve systemic failures within healthcare environments.
- Communication Breakdowns: Miscommunication between doctors, nurses, and pharmacists can result in incorrect prescriptions or instructions.
- Fatigue and Overwork: Long shifts and understaffed facilities increase the risk of human error.
- Illegible Handwriting or Data Entry Errors: Mistakes in medical records, electronic systems, or handwritten prescriptions can lead to incorrect medications being dispensed.
- Lack of Proper Training: Inexperienced or poorly trained staff may not recognize risks associated with certain drugs.
- Failure to Follow Safety Protocols: Hospitals and pharmacies must implement safety checks. Ignoring these safeguards can lead to preventable harm.
- High Patient Volume: Busy medical facilities may rush through processes, increasing the likelihood of mistakes.
Our Las Cruces medication error lawyer can investigate these factors to determine who may be responsible and whether negligence occurred.
Injuries Caused by Medication Errors
Medication mistakes can lead to a wide range of health complications, including:
- Severe allergic reactions
- Internal bleeding
- Organ damage or failure
- Heart complications
- Neurological issues
- Worsening of the original medical condition
- Long-term disability
- Death in extreme cases
Victims may require additional medical treatment, extended hospitalization, and ongoing care—often at significant financial and emotional cost.
Filing a Medication Error Claim in New Mexico
Medication error cases are typically pursued as medical malpractice claims. To succeed, a victim must generally show that:
- A healthcare provider owed a duty of care.
- The provider breached the accepted standard of care.
- The breach caused injury.
- Damages resulted from the harm.
New Mexico law places specific requirements on medical malpractice cases, including deadlines for filing claims and procedures for reviewing cases. Because these rules can be complex, working with an experienced attorney is critical.
At Harvey, Foote & Baker Law Firm, we work with medical experts, review records, and build strong cases to help clients seek justice after preventable medication mistakes.
Compensation for Medication Error Victims
Victims of medication errors may be entitled to financial compensation for the harm they suffered. Depending on the circumstances, damages may include:
- Medical expenses and ongoing treatment costs
- Rehabilitation and therapy
- Lost income and reduced earning ability
- Pain and suffering
- Emotional distress
- Long-term disability care
- Wrongful death damages for surviving family members
Our Las Cruces medication error attorney can assess the full extent of your losses and pursue fair compensation on your behalf.
Medication Error Claim FAQs
How do I know if a medication error occurred?
If your condition worsened unexpectedly, you experienced unusual side effects, or you received incorrect medication, an investigation may reveal a preventable error.
Who can be held responsible for a medication mistake?
Doctors, nurses, pharmacists, hospitals, clinics, and healthcare systems may all be liable depending on where and how the error occurred.
How long do I have to file a claim in New Mexico?
Medical malpractice claims are subject to strict time limits. Speaking with an attorney as soon as possible helps protect your rights.
Do I need medical records to start a case?
Medical records are important evidence, but an attorney can help obtain and review them as part of your claim.
What if the error happened in a hospital?
Hospitals can be held responsible for staff negligence, systemic failures, or unsafe practices that contributed to the mistake.
Can families file a claim if a medication error caused a death?
Yes. Surviving family members may be able to pursue a wrongful death claim to recover damages and hold negligent parties accountable.
Why Families Turn To Our Firm
Families come to us after some of the hardest moments of their lives, often when a facility’s explanation does not match what they have seen with their own eyes. Our attorneys devote most of our work to nursing home abuse, neglect, and medical negligence cases in New Mexico, including serious medication and prescription errors. This focused practice gives us a deep understanding of how long-term care facilities operate and where their medication systems often fail.
Our firm has obtained multimillion-dollar settlements for injured residents and grieving families. In several cases, our work helped drive important changes in nursing home procedures, including how medications are ordered, dispensed, and monitored. These changes matter to our clients, because they want to know that what happened to their loved one may be less likely to happen to someone else.
Many families worry that filing a claim will mean years of stressful litigation. We work to resolve cases efficiently when facilities and insurers are willing to be fair, yet we are prepared to present a case in court when that is necessary. You can expect steady guidance, honest conversations about your options, and a team that understands both the legal and personal sides of nursing home cases.
Contact our firm today to get started on your claim.
What Sets Us Apart
-
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.
-
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.
-
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.
-
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
-
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.
-
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.
-
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.
-
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.
-
“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.
-
“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
-
“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.
-
“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.