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What is a Medication Error?
A medication error is a preventable mistake that occurs during the process of prescribing, dispensing, or administering drugs. These errors can happen at any point in the healthcare chain — from a doctor’s office to the pharmacy to the hospital bedside.
Unlike unavoidable side effects, medication errors usually result from negligence or a breakdown in communication between healthcare professionals. When a medical provider fails to meet the accepted standard of care, and a patient is harmed as a result, it may constitute medical malpractice.
Medication errors can lead to serious health consequences, including:
- Allergic reactions or toxic overdoses
- Organ damage (liver, kidney, or heart failure)
- Worsening of the underlying condition
- Brain injury or long-term disability
- Wrongful death
If you or a loved one suffered harm from a medication mistake in Santa Fe, it’s important to contact an experienced attorney right away. Our team can review your case and determine whether medical negligence played a role in your injury.
Common Types of Medication Errors
Medication mistakes take many forms, and each can pose severe risks to patient safety. Some of the most common include:
Prescribing Errors
These occur when a doctor or nurse practitioner prescribes the wrong drug, the wrong dose, or a medication that interacts dangerously with other drugs the patient is taking. Sometimes, prescribers fail to check a patient’s allergy history or medical conditions before writing a prescription.
Dispensing Errors
Pharmacists and pharmacy technicians can make errors when filling prescriptions. This might include giving the wrong medication, mislabeling a bottle, or providing incorrect instructions. A small error in dosage or labeling can have life-threatening consequences.
Administration Errors
In hospitals or clinics, nurses and staff may administer the wrong medication, give it intravenously instead of orally, or deliver it at the wrong time or rate. These errors often occur when staff are overworked or poorly trained.
Monitoring Errors
After prescribing a medication, medical professionals must monitor patients for side effects and adjust treatment as needed. Failing to recognize or respond to adverse reactions can lead to serious complications.
Communication Errors
Miscommunication between doctors, nurses, pharmacists, or even between shifts can result in a patient receiving the wrong drug or dose. In some cases, handwriting on prescriptions is illegible, leading to fatal misunderstandings.
Medication safety requires careful attention at every step. A single mistake can mean the difference between recovery and a life-altering injury.
Common Causes of Medication Errors
Most medication errors are preventable. They often occur due to systemic problems, poor training, or a lack of safeguards in medical environments. Some common causes include:
- Inadequate patient evaluation: Failing to review allergies, medical history, or drug interactions before prescribing.
- Illegible handwriting or poor recordkeeping: Misinterpreted prescriptions can lead to serious errors.
- Staff fatigue or understaffing: Overworked medical staff are more likely to make critical mistakes.
- Lack of communication: Poor handoffs between providers or shifts can result in dosing confusion.
- Improper training or supervision: Inexperienced staff may not recognize or report an error promptly.
- Pharmacy automation errors: Reliance on automated systems without human verification can lead to wrong medications being dispensed.
In many cases, multiple parties share responsibility — for example, a doctor may prescribe incorrectly, and a pharmacist may fail to catch the mistake. That’s why determining liability requires a detailed investigation.
Who Can Be Held Liable for a Medication Error?
Depending on the facts of your case, several parties may be legally liable, including:
- Doctors or prescribing physicians who failed to check medical history or prescribed the wrong medication.
- Pharmacists or pharmacies that dispensed the wrong drug or provided incorrect instructions.
- Hospitals or clinics that failed to maintain proper protocols or employed negligent staff.
- Nurses or medical staff who administered drugs incorrectly.
- Drug manufacturers in rare cases involving labeling or packaging errors.
Proving liability requires showing that the healthcare provider owed a duty of care, breached that duty through negligence, and that this breach directly caused your injury.
Our firm builds strong cases using medical records, expert testimony, and hospital documentation to hold negligent parties accountable.
Compensation for Medication Error Victims
Victims of medication errors may be entitled to significant compensation for both economic and non-economic damages, including:
- Medical expenses and rehabilitation costs
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Disability or disfigurement
- Loss of consortium
- Wrongful death damages (for surviving family members)
At Harvey, Foote & Baker Law Firm, we understand the physical, emotional, and financial toll these errors can cause. We fight to ensure you receive the full compensation you deserve under New Mexico law.
Medication Error Claim FAQs
How do I know if I have a valid medication error claim?
If a medical provider or pharmacist made a mistake that caused you harm, you may have a claim. A Santa Fe medication error lawyer can review your records and consult medical experts to determine if negligence occurred.
How long do I have to file a claim in New Mexico?
In most medical malpractice cases, you have three years from the date of the injury (or discovery of the injury) to file a lawsuit. However, exceptions exist, so it’s crucial to speak with a lawyer promptly.
What evidence is needed to prove a medication error?
Evidence may include medical charts, prescription records, pharmacy logs, witness statements, and expert medical opinions. Your attorney will gather and analyze all necessary documentation to prove fault.
Can I sue both the doctor and the pharmacy?
Yes. If both the prescribing physician and the pharmacist contributed to the error, you may pursue claims against each party for their role in your injury.
Do I have to pay legal fees upfront?
No. At Harvey, Foote & Baker Law Firm, we handle medication error cases on a contingency fee basis — meaning you pay nothing unless we recover compensation for you.
Contact a Santa Fe Medication Error Attorney Today
If you or a loved one has been harmed by a medication mistake, you deserve answers and justice. The compassionate attorneys at Harvey, Foote & Baker Law Firm are here to guide you through the legal process and hold negligent medical providers accountable.
Call (505) 295-2245 today for a free consultation with a trusted Santa Fe medication error lawyer.
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.