Medication Errors Lawyer

When a Preventable Drug Mistake Alters Your Life

When prescribed and administered correctly, medication can heal, manage chronic conditions, and improve quality of life. However, even a small error by a healthcare provider can have devastating consequences. At Ostroff Godshall Injury & Accident Lawyers, we represent people and families in Pennsylvania and New Jersey harmed by medicine errors.

Our team brings together extensive medical malpractice, legal experience and deep medical knowledge to uncover what went wrong and to pursue full compensation for our clients.

Understanding Medication Errors

What Is a Medication Error?

A medicine error is a preventable mistake by medical professionals that causes wrong use of a drug or harms a patient while a healthcare worker controls the medicine. These mistakes often constitute medical negligence—violations of the standard of care that lead to injury or death. Each year in the United States, medication errors cause hundreds of thousands of preventable injuries, many with long-term or fatal consequences.

Common Types of Medication Errors

Errors can occur at any stage of the medication process:

1. Prescribing Errors
   • Incorrect drug selection
   • Wrong dosage or frequency
   • Failure to account for allergies, drug interactions, or contraindications
2.  Administration Errors
   • Giving wrong medication to the wrong patient
   • Using the incorrect route or timing (e.g., IV instead of oral)
   • Improper preparation (e.g., not diluting concentrated medications)
3. Monitoring Errors
   • Failing to check blood levels (e.g., INR for anticoagulants)
   • Not recognizing early signs of adverse effects or toxicity
   • Neglecting dose adjustments for organ impairment
4. Communication & Documentation Errors
   • Misinterpreting handwritten or electronic prescriptions
   • Inaccurate data entry in medical records
   • Failure to communicate medication changes during shift transitions

Who Is Most at Risk?

Certain patient populations are especially vulnerable to medication errors, including:

• Children and infants – require highly specific, weight-based dosing
• Elderly individuals – often take multiple medications and are sensitive to interactions
• Hospitalized patients – face complex treatment plans involving multiple healthcare providers
• Nursing home residents – may experience undertrained staff and inconsistent oversight

Why Medication Errors Happen

While human error plays a role, most medication mistakes are caused by systemic failures, such as:

• Understaffing and overwork
• Poor communication between providers
• Inadequate protocols for allergy and interaction checks
• Gaps in training, supervision, and oversight

These medical errors occur in hospitals, clinics, nursing homes, surgical centers, and home healthcare settings.

High-Risk Environments for Medication Errors

Medication errors can happen anywhere, but are more likely in certain settings:

1. Hospitals & Emergency Rooms – Fast paced environments with overlapping responsibilities increase the risk of oversight.
2. Nursing Homes & Assisted Living Facilities – Elderly patients are vulnerable, and medication management systems are often flawed.
3. Outpatient Clinics & Ambulatory Surgery Centers – Short appointments, incomplete records, and staff turnover contribute to errors.

Severe Outcomes of Medication Errors

The consequences of medication errors can be severe and, in some cases, irreversible:

• Kidney, liver, or cardiac damage
• Stroke, seizures, or brain injury
• Anaphylaxis or other severe allergic reactions
• Coma or wrongful death
• Internal bleeding (especially with blood thinners)
• Toxic overdose or poisoning
• Worsening of the underlying medical condition

Even minor errors can lead to prolonged hospitalization or chronic health complications.

Establishing Liability in a Medication Error Case

Medication error cases require a comprehensive investigation to determine who is responsible. Potentially liable parties may include:

• Physicians or Nurse Practitioners – errors in prescribing, patient evaluation, or dose selection
• Nurses and Medical Staff – mistakes during medication administration
• Hospitals, Clinics, or Surgical Centers – systemic failures or inadequate staff training
• Home Health Agencies – negligence in administration or supervision
• Pharmaceutical Companies – in limited cases, defective drug labeling or manufacturing

At Ostroff Godshall, we work to identify each negligent party and hold them accountable.

What Must Be Proven

To succeed in a medication error lawsuit in Pennsylvania, we must establish:

1. Duty of Care – A provider-patient relationship existed
2. Breach of Duty – The healthcare provider failed to meet the accepted standard of care
3. Causation – The error directly caused injury or harm
4. Damages – The injury resulted in measurable losses

Pennsylvania law requires a Certificate of Merit from a qualified medical expert affirming that the case has merit based on a deviation from medical standards.

How We Build Strong, Evidence-Based Cases

Our firm takes a meticulous approach to every case:

• Review of all relevant medical history, charts, and lab results
• Analysis of drug interactions, dosage, and adverse effects
• Consultation with leading experts in pharmacology and internal medicine
• Reconstruction of medication timelines and healthcare provider communications
• Identification of failures in systems, protocols, and supervision
• Interviews with healthcare providers, staff, and witnesses

This investigative in-depth approach allows us to uncover the truth, even when records are missing, altered, or incomplete.

Compensation for Victims of Medication Errors

Economic Damages

• Hospital and emergency medical care expenses
• Ongoing medical treatment, therapy, or rehabilitation
• Loss of income and diminished earning capacity
• Long-term care or assistive devices

Non-Economic Damages

• Pain and suffering
• Loss of enjoyment of life
• Permanent impairment or disfigurement
• Loss of consortium (spousal claims)

Wrongful Death Damages

• Funeral and burial expenses
• Loss of household income and support
• Loss of companionship and parental guidance

Understanding the Statute of Limitations

In Pennsylvania law, most medication error claims must be filed within two years of the date the injury was discovered or reasonably should have been discovered (42 Pa.C.S. § 5524(2)).

Important Exceptions:

• Minors: Time is extended until the victim’s 20th birthday
• Wrongful Death: Two years from the date of death
• Discovery Rule: Applies to injuries with delayed symptoms or misdiagnosis

Time limits are strictly enforced. If you suspect a medication error caused harm, do not delay in seeking legal advice.

Frequently Asked Questions About Medication Errors (FAQ):

Q: My doctor warned me about side effects—do I still have a case?
A: Yes. Informed consent does not excuse negligence. If the injury was caused by an avoidable error, you may still have a valid claim.

Q: What if the nurse administered the wrong dose or wrong medication?
A: That may be grounds for liability. Improper administration—wrong route, timing, or patient—is a common and serious error.

Q: I found out about the mistake weeks later. Is it too late?
A: Not necessarily. The statute of limitations may be extended under Pennsylvania’s discovery rule. Contact an attorney to evaluate your timeline.

Q: The records seem clean. What if there’s no obvious error documented?
A: That’s common. We use expert review, timeline reconstruction, and interviews to uncover mistakes not clearly stated in the record.

Why Clients Trust Ostroff Godshall

Medication error litigation requires precision, persistence, and a firm grasp of complex medical issues. At Ostroff Godshall Injury & Accident Lawyers, we are uniquely equipped to handle these cases from start to finish.

What Sets Us Apart:

• Track record of success in high-stakes medical malpractice claims
• Partnerships with leading pharmacology and clinical experts
• Direct, responsive communication throughout your case
• Trial-ready preparation and strategic negotiation
• No fees unless we recover compensation for you

We advocate for our clients with the same urgency and care we would want for our own families.

Contact a Pennsylvania Medication Error Attorney Today

Medication errors are preventable tragedies. If you or a loved one has been harmed due to medical malpractice caused by a drug mistake, we are here to help you seek justice. Call Ostroff Godshall Injury & Accident Lawyers today for a free, confidential consultation. You can also submit our secure online form—our legal team will contact you promptly to review your case and explain your options.

Client Testimonials

1. “I cannot recommend Shayna Shorr from Ostroff Godshall Law enough. Navigating my mother’s wrongful death case was very stressful and emotional, but Shayna provided compassion, guidance, and knowledge every step of the way. Her great understanding of both the legal and medical nuances was evident in how thorough she was with our case. She fought and advocated for our family to ensure we were treated fairly and kept me informed with new updates. Thanks to her time, dedication, and negotiation skills, we achieved a successful resolution. If you need a knowledgeable and caring advocate, look no further.” Shayna will treat you like family. My siblings and I consider her a bonus sister! – Rea G
2. “I must say that I had no idea how the litigation process worked. But after meeting the team, I soon realized they believed in me and fought as hard as I did seeking justice for myself and my family. Any questions I had, no matter how small or trivial, were answered quickly, with logic, knowledge of the process, and great empathy. Their team was stellar. But my true thanks go to Richard, Fallon, and Susan, and their entire staff. Always a quick response time to any questions I had, which meant so much during such a sad and frustrating time in my life.
   In the end, justice was served. And the team at Ostroff Godshall fought to obtain that justice for myself and my family. We are forever grateful. And recommend them highly.” – Lucy C.
3. First and foremost, I want to thank the attorneys that worked with me during one of the most difficult times of my life. I am forever grateful to have been represented by such wonderful Attorneys. My Counselors, Shayna and Richard, were incredibly compassionate, understanding, and very patient with me. Their professionalism goes a long way. I loved how they worked with me and treated me as if I were someone in their family. I never felt like a client. I will forever be grateful to Ostroff Godshall because they saw me through one of the most devastating times in my life. I was able to call them, and they were always available. Shayna specifically is one-of-a-kind. I would reach out to her late in the evenings, and she would always respond to me and just be there for me. I will never forget the day I asked her to have breakfast with me on a weekend to discuss some of my concerns, and she did not hesitate to be there for me. I surely will never forget that. I would highly recommend Ostroff Godshall to anyone experiencing difficulties in their lives where they need good people to represent them. You will not regret it. One of my best decisions was hiring Ostroff Godshall to represent me. I am truly glad that I did. – Margarita M.
4. “When I first contacted OG, I was a nervous wreck. I’ve never needed legal counsel before, but my experience working with them has been a blessing. They treated us like family and fought every step of the way to seek the justice we deserved. You say why OG? I say, why not? Who would you want in your corner? For me, it was OG.” – Nicole B.

Medical Malpractice Case Summaries

•  $7,624,332 – CLARION COUNTY MEDICAL MALPRACTICE JURY VERDICT
  Medical Malpractice Verdict for Delayed Cancer Diagnosis
  Our firm secured a $7,624,332 verdict for a 33-year-old man following a one-year delay in diagnosing rectal cancer. The delay allowed the cancer to progress to stage IV metastatic disease and resulted in multiple surgeries.
• $3,000,000 – PHILADELPHIA MEDICAL MALPRACTICE
  20 Month Delay in Diagnosing Breast Cancer
  $3,000,000 settlement in a Philadelphia Medical Malpractice case for a 56-year-old woman who had a 20-month delay in diagnosing breast cancer. By the time the cancer was diagnosed, it had progressed to Stage III invasive lobular breast cancer, resulting in a double mastectomy, 16 rounds of chemotherapy, 12 rounds of radiation, and a loss of chance of survival. The case was able to be settled after depositions.
• $1,300,000 – LUZERNE COUNTY SETTLEMENT
  Shoulder/Arm Injury
  $1,300,000 pre-trial settlement for client injured by doctor’s medical malpractice when he cut a major nerve in her shoulder while performing a simple biopsy on her skin. Her injuries limited her arm movement thereafter.
• $1,000,000 – YORK COUNTY SETTLEMENT
  Botched Plastic Surgery
  $1,000,000 settlement of lawsuit filed in York County, shortly before trial. Client was seriously harmed by a local doctor who botched a plastic surgery he performed on her.
• $985,000 – PHILADELPHIA SETTLEMENT
  Deep Tissue Buttock Injuries
  $985,000 settlement during trial for a woman from Delaware who sustained severe, deep tissue injuries to her buttock from a negligently administered injection.
• $485,000 – CRAWFORD COUNTY SETTLEMENT DURING TRIAL
  Stroke $485,000 settlement during trial for client from Cambridge Springs who suffered a stroke as a result of medical malpractice.
• $300,000 – CHESTER COUNTY MEDICAL MALPRACTICE
  Delayed Diagnosis in Young Child
  Our firm secured a $300,000 recovery for a young child whose testicular torsion went undiagnosed, resulting in the removal of one testicle. His parents were initially told that he had constipation and were instructed to take him home.
  
• $225,000 – PHILADELPHIA MEDICAL MALPRACTICE
  Medical Malpractice Recovery for NG Tube Misplacement Case
  Our firm secured a $225,000 recovery in a case involving the improper placement of an NG tube at Children’s Hospital of Philadelphia. The tube was placed in the lower lobe of the patient’s left lung rather than in her stomach. Shortly after placement, the patient reported that something felt wrong, and her parents observed that the tube appeared abnormal. Despite these concerns, they were allegedly reassured that the placement was proper based on a pH reading, without an X-ray to confirm it. Consequently, our client underwent several surgeries to clear her lung.