Medication Errors in New York

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.

New York 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
• ✓New York has some of the highest medical malpractice verdicts and settlements in the nation, particularly in New York City.
• ✓The continuous treatment doctrine tolls the statute of limitations while the same provider continues to treat the patient for the same condition.
• ✓New York follows a pure comparative negligence system, allowing recovery regardless of plaintiff's fault.
• ✓Future damages exceeding $250,000 must be paid periodically rather than as a lump sum under CPLR Article 50-A.
• ✓Expert witnesses are subject to the Frye standard for admissibility of scientific testimony.