Medication Errors in Florida

About Medication Errors

Medication errors involve mistakes in prescribing, dispensing, or administering drugs that cause harm to the patient. These errors can occur at any stage of the medication process and may involve the wrong drug, wrong dosage, dangerous drug interactions, or failure to account for known patient allergies. Medication errors are among the most preventable forms of medical malpractice and affect millions of patients annually.

Florida Medical Malpractice Laws

Common Examples of Medication Errors

• •Prescribing a medication to which the patient has a documented allergy
• •Administering the wrong dosage, especially with high-risk drugs like blood thinners or opioids
• •Failing to check for dangerous drug interactions with the patient's current medications
• •Pharmacy dispensing errors, including providing the wrong medication or incorrect strength
• •Medication administration errors in hospitals, such as giving drugs to the wrong patient
• •Failure to monitor patients on medications that require regular blood level checks

Key Facts

• ✓The Institute of Medicine estimates that medication errors harm at least 1.5 million people in the United States each year
• ✓Liability in medication error cases can extend to physicians, pharmacists, nurses, and hospitals depending on where the error occurred
• ✓Electronic prescribing systems and barcode scanning have reduced but not eliminated medication errors in hospital settings
• ✓Cases involving high-alert medications such as anticoagulants, insulin, and chemotherapy agents tend to result in higher damages due to the severity of potential harm
• ✓Pharmacy records, medication administration records (MARs), and electronic health record audit trails are critical evidence in these cases
• ✓Expert testimony often focuses on whether proper safety protocols and verification steps were followed at each stage of the medication process
• ✓Florida's damage caps were ruled unconstitutional in Estate of McCall v. United States (2014, wrongful death) and North Broward Hospital District v. Kalitan (2017, personal injury).
• ✓Florida requires a mandatory pre-suit investigation period of 90 days, during which both parties must cooperate with informal discovery.
• ✓The state follows a modified comparative negligence standard with a 51% bar (amended in 2023 from pure comparative negligence).
• ✓Expert witnesses must be licensed, have active clinical practice, and specialize in the same or similar area as the defendant.
• ✓Punitive damages are capped at the greater of $500,000 or three times the compensatory damages.