Can You Sue for Medication Errors in Alabama?

When you take a prescription medication, you trust it will help you heal, manage symptoms, or improve your health. Unfortunately, mistakes with medications happen more often than many people realize. A single error, whether it’s the wrong drug, the wrong dose, or a dangerous combination, can lead to serious injuries or even death.

At Hare Wynn, our medical malpractice attorneys have seen firsthand how devastating medication errors can be for patients and their families. Understanding your rights under Alabama law is the first step toward seeking accountability and recovery.

What Counts as a Medication Error?

Medication errors can happen at nearly every stage of healthcare, from prescribing to dispensing to administration. Common examples include:

Prescribing the wrong drug or dosage
Failing to check for harmful drug interactions
Dispensing the wrong medication at the pharmacy
Administering a drug to the wrong patient in a hospital setting
Ignoring patient allergies listed in records

To understand what qualifies as malpractice in Alabama, it helps to know how Alabama’s medical malpractice laws work. Patients must show that a healthcare provider failed to meet the accepted standard of care and that this failure caused harm.

Alabama Law on Medication Errors

Medication errors fall under the broader category of medical malpractice, which in Alabama is governed by the Alabama Medical Liability Act (AMLA). To pursue a claim, patients must generally prove:

Duty of Care: A provider-patient relationship existed.
Breach of Standard of Care: The provider failed to act as a reasonably skilled professional would.
Causation: The error caused harm or worsened your condition.
Damages: You suffered measurable losses, such as medical bills, lost income, or pain and suffering. The personal representative of the estate of a deceased individual may also pursue a claim for wrongful death.

Statute of Limitations in Alabama

In most cases, Alabama’s statute of limitations gives you two years from the date of the error to file a lawsuit, though there are some limited exceptions.

Missing the statute of limitations deadline can prevent you from recovering damages, even if the error was clear and severe. Knowing what to do and acting quickly is essential to protecting your right to seek justice.

Can You Sue a Pharmacy in Alabama?

Yes, pharmacies may also be liable for medication errors. If a pharmacy dispenses the wrong medication or dosage or fails to catch dangerous interactions, it may be held accountable under Alabama malpractice law. However, proving liability can be complex and usually requires testimony from medical experts and the guidance of an experienced medical malpractice attorney.

Compensation in a Medication Error Claim

If successful, a medical malpractice claim in Alabama may allow recovery for:

Economic damages: Hospital bills, rehabilitation costs, lost wages, and long-term care needs.
Non-economic damages: Pain, suffering, emotional distress, and reduced quality of life.
Punitive damages: In wrongful death cases, Alabama allows only punitive damages, intended to punish the wrongdoer and prevent future negligence.

What to Do if You Suspect a Medication Error

Seek immediate medical care from another provider to correct or treat the issue.
Request copies of your medical records and prescription details.
Document everything: symptoms, dates, names of providers, and out-of-pocket expenses.
Avoid discussing details on social media, as posts may be used against you.
Contact a Birmingham medical malpractice lawyer who understands the complexities of Alabama law.

Talk to a Birmingham Medication Error Attorney

Medication errors can shatter trust and cause lasting harm. If you or a loved one has suffered because of a prescribing, dispensing, or administration mistake, you may have legal options.

The medical malpractice lawyers at Hare Wynn have been helping Alabama families for more than 135 years. We offer free, confidential consultations, and you never pay unless we recover compensation for you.