Bristol Medication Error Lawyer

Were you harmed by a prescription, dispensing, or dosing mistake in Bristol, CT?

At Brown Paindiris & Scott, LLP, we are trial-tested medication error lawyers committed to thorough preparation in every matter.

If a pharmacy dispensed the wrong drug, a hospital administered an incorrect dose, or a physician prescribed a medication despite a documented allergy, you may now be recovering from an injury that is unrelated to the condition you originally sought treatment for. Brown Paindiris & Scott, LLP has handled medical negligence claims in Connecticut since 1977. Our Bristol, CT medication error lawyer will review each step in the medication process to identify where the mistake occurred. Contact our office to arrange a free consultation.

Medication Error Lawyer Bristol, CT

A medication error is a preventable mistake that occurs at any point between the moment a provider orders a drug and the moment the patient receives it. The pharmacy may fill an order incorrectly. A nurse may give a drug to the wrong patient, administer it through the wrong route, or infuse it at the wrong rate. A legal claim exists when a provider falls below the standard of care that a reasonably careful provider in the same role would have met and the patient is harmed as a result.

Connecticut health care facilities reported ten cases of patient death or serious injury caused by a medication error to the Department of Public Health in 2023, an increase from seven cases in 2022, according to the state’s adverse event reporting. Research summarized by the Agency for Healthcare Research and Quality indicates that approximately half of all adverse drug events could have been prevented. Our medication error attorney in Bristol, CT investigates whether the harm in each case was avoidable.

Types of Medication Error Cases We Handle in Bristol

Medication errors are best organized by the stage at which they occur, because the responsible party differs at each stage. Our medication error lawyer in Bristol represents patients injured at each of these stages.

• Prescribing errors. A physician may order a drug that conflicts with the patient’s kidney function, age, or other prescriptions, or may write an adult dose for a child. We compare the order against the patient’s recorded medical history to determine what the prescriber knew or should have known.

• Pharmacy dispensing errors. Drug names that look or sound alike, mislabeled bottles, and incorrect strengths are the most frequent causes of pharmacy claims. The dispensing record and the original prescription usually establish the discrepancy.

• Hospital administration errors. A nurse may give the right drug to the wrong patient, set an intravenous line at the wrong rate, or omit or duplicate a scheduled dose. Investigation of fatal hospital medication errors usually begins with the medication administration record, which is the hospital’s log of every dose given to a patient.

• Dosage and calculation errors. Children require doses based on body weight, and elderly patients often require reduced doses. A misplaced decimal point can produce a dose ten times larger than intended.

• Allergy and drug interaction failures. The patient’s allergy was already documented in the chart, or the pharmacy software flagged the interaction, and a provider overrode or ignored the warning.

• Anesthesia and sedation errors. Incorrect dosing, inadequate monitoring, and distractions during surgery can cause brain injury, cardiac arrest, or awareness during the procedure.

• Nursing home medication errors. Residents rely on facility staff for every dose, and understaffing leads to missed, duplicated, or substituted medications. Seven Connecticut nursing homes have faced state fines for medication errors and related negligence.

• Medical misdiagnosis. When the diagnosis is wrong, the medication prescribed to treat it is wrong as well. The patient is exposed to the side effects of an unnecessary drug while the actual condition goes untreated.

• Monitoring failures. Blood thinners, insulin, and certain heart medications require ongoing blood testing to keep the dose within a safe range. A provider who fails to order or review those tests may be negligent even if the original prescription was correct.

Why Choose Brown Paindiris & Scott, LLP as my Medication Error Lawyer in Bristol, CT?

Trial Experience on Both Sides of Medical Negligence Litigation

John D. Maxwell has practiced law in Connecticut since 1979. He was selected to Connecticut Super Lawyers from 2010 through 2012 and again in 2014 and 2015. He earned his law degree from William Mitchell College of Law, which is now Mitchell Hamline School of Law. 

Bruce E. Newman is admitted to practice in Connecticut, New York, and California. His practice has concentrated on medical malpractice, wrongful death, and product liability claims for more than 30 years. The National Association of Distinguished Counsel placed him among the top one percent of attorneys nationally in 2015, 2016, and 2017.

A Defined Investigation Process

We request the physician’s order, the pharmacy dispensing record, the medication administration record, and any electronic warning that a provider overrode. We then retain a qualified physician or pharmacist to review those records. Connecticut requires that review before a malpractice lawsuit may be filed, and we complete it before advising you whether to proceed. That process is what you should expect from a personal injury lawyer in Bristol, CT who handles medication error claims. Our attorneys have recovered millions of dollars for injured clients, and the initial consultation is free.

What Is Important to Understand About a Medication Error Case?

Damages, Liability, and Compensation for Medication Error Cases

Liability depends on which party controlled the drug at the moment the error occurred, and that question is where our Bristol, CT medication error attorney begins the investigation. A prescribing physician, a hospital pharmacy, a retail pharmacist, the nursing staff, or a long-term care facility may each be responsible, and more than one of them may have contributed. Medical malpractice claims in Connecticut require a finding of negligence, which means proof that a provider failed to use the care that a reasonably careful provider in the same specialty would have used.

Connecticut’s comparative negligence rule permits a defendant to argue that the patient shared responsibility for the harm, for example by failing to disclose a medication taken at home. If a jury accepts that argument, the award is reduced by the patient’s percentage of fault. A patient whose share of fault is greater than the combined fault of the defendants recovers nothing.

Connecticut law divides recoverable damages into two categories. Economic damages repay losses that can be calculated in dollars. Noneconomic damages compensate for harm that cannot be measured by a bill or a pay stub. Compensation may include the following:

• The cost of the hospitalization, procedures, and long-term care that the error made necessary

• Income lost during recovery and any reduction in the patient’s future earning capacity

• Compensation for physical pain and for the mental and emotional distress caused by the injury

• Compensation for permanent organ damage, disability, or disfigurement

• Wrongful death damages, which the estate may recover when the error is fatal

What Are Important Aspects of a Medication Error Case?

Three features of these cases determine how they are investigated and tried.

• The medication record is the central evidence. Hospitals and nursing homes document every ordered and administered dose, and facilities must report serious medication events to the state under Connecticut’s health care quality program. Discrepancies between the order, the dispensing log, and the administration record are often the clearest proof of what went wrong.

• Product defects are a separate claim. If the harm resulted from a manufacturing or labeling defect rather than a provider’s mistake, the claim proceeds under product liability law against the manufacturer.

• The filing deadline is strict. Under Connecticut law, a malpractice action must be filed within two years of the date the injury was discovered or reasonably should have been discovered, and no later than three years after the date of the negligent act. Treatment errors that do not produce symptoms until months after discharge can use up much of that period before the patient realizes a claim exists.

What Is the Medication Error Case Timeline?

A medication error claim proceeds in stages, and our medication error lawyer in Bristol, CT devotes the early stages to gathering records.

• Preservation and collection. We send written demands to each facility and pharmacy to preserve their records, and we obtain the complete chart, the dispensing history, and any internal incident report.

• Medical and pharmaceutical review. A consulting physician or pharmacist evaluates whether the standard of care was breached and prepares the written opinion that Connecticut requires before a lawsuit is filed.

• Suit and responsive pleadings. The lawsuit is filed, the defendants file their answers, and the court sets a schedule for the case.

• Discovery. Both sides take depositions of the prescriber, the pharmacist, and the nursing staff and exchange the opinions of their consulting physicians. This stage takes the longest.

• Resolution. Settlement discussions usually follow discovery. If the defendants do not offer fair compensation, the case proceeds to trial.

Most contested medication error claims resolve within two to three years of the initial consultation.

What Should You Bring to Your Medication Error Consultation?

Documentation from the pharmacy and the facility allows our Bristol medication error attorney to identify the point of failure at the first legal meeting.

• Bring the medication containers, labels, and packaging involved, or photographs of them if the originals are no longer available.

• Bring pharmacy receipts and printouts that show the drug, strength, and quantity dispensed.

• Bring discharge summaries, after-visit instructions, and any correspondence from the provider about the incident.

• Prepare a list of all medications, supplements, and allergies as they existed at the time of the error.

• Prepare a list of the names of each physician, pharmacist, and facility involved.

At the consultation, our medication error attorney in Bristol will review the sequence of events with you, explain which records we will request, and offer a preliminary opinion on whether the matter warrants a formal medical review.

Reach Out to Brown Paindiris & Scott, LLP to Schedule a Consultation

The cost of correcting a medication error should not fall on the patient who was harmed by it. Brown Paindiris & Scott, LLP offers a free initial consultation, and we will explain our fee arrangement in full before you sign any agreement. Our Bristol medication error lawyer accepts new inquiries throughout the week, and our telephones are answered at any hour. Contact us to schedule your consultation.