Medication Errors in Hospitals: Who’s Really Responsible?
Every year, thousands of patients in hospitals across the United States are harmed by something that should be healing them—medication. Whether it’s the wrong dosage, incorrect medication, or failure to administer a drug on time, medication errors can have devastating and sometimes fatal consequences. Even simple vitamin deficiencies, if ignored, can cause catastrophic injury.
In Michigan hospitals, where healthcare systems are often overburdened, understaffed, or lacking in communication among the staff, the risk of errors is ever-present. But when tragedy strikes, who is truly responsible for the mistake? Is it the nurse, the prescribing physician, the pharmacist, or the hospital itself? It may be all of them, but knowing who is and is not responsible is critical to pursuing your claim.
You may be at a state owned facility. If so, there are very strict statutory notice requirements of any claim that must be met to avoid losing the hospital as a defendant. Your doctor may be part of a larger practice group, or perhaps you came in through the emergency department without ever having seen the doctor before, so the hospital may be liable for the doctor's negligence.
At Schefman & Associates, PC, we're committed to protecting the rights of individuals who have suffered due to medical negligence. Located in Bloomfield Hills, Michigan, our firm has earned a strong reputation for aggressively representing victims of medical malpractice, including those harmed by medication errors in hospitals.
With decades of combined experience, our attorneys understand the medical and legal systems and the difference between medical negligence and an ordinary risk of the procedure, to hold healthcare providers and institutions accountable. If you or a loved one has been injured by a medical mistake, our legal professionals are here to help you pursue the justice and compensation you’re entitled to.
We’ll explore the causes behind medication errors in hospitals, examine who can be held legally liable, and explain how these situations may constitute medical malpractice under Michigan law. If you or a loved one has suffered injury due to a medication error, understanding what actually occured if the first step to understanding your rights and holding the right parties accountable.
Why Medication Errors Go Deeper Than Simple Misjudgments
Medication errors are defined as any preventable event that may cause or lead to inappropriate medication use or patient harm. These errors can occur at any stage of the medication process—from prescribing and transcribing errors, to dispensing and administering errors.
According to the U.S. Food and Drug Administration (FDA), medication errors harm at least 1.3 million people in the United States each year. Some of these incidents are minor, but many result in serious injury or death. When such harm occurs, particularly in a hospital setting, the error may rise to the level of medical malpractice.
Common types of medication errors include:
Prescribing the wrong medication
Administering the wrong dosage
Giving medication to the wrong patient
Failing to check for allergies or contraindications
Failing to review the chart before administering or failing to administer a medication.
Incorrect timing of administration or failure to test the theraputic impact of a medication dosage
Failing to coordinate information among nurses, therapists, and doctors my result in errors.
In the fast-paced environment of a hospital, where a single nurse or a physician may be responsible for several patients at once, and physicians are responsible for the entire caseload, these errors can easily happen. But even when unintentional, such mistakes aren't excusable.
Who Can Be Held Responsible for a Medication Error?
One of the most challenging aspects of any medical malpractice case involving a medication error is determining liability. In a hospital setting, multiple individuals and entities interact with a patient’s care, making it difficult to isolate a single responsible party. However, the law considers several possibilities when evaluating these situations:
Physicians
Doctors are responsible for prescribing the correct medication, dosage, and instructions based on the patient’s condition, weight, and other medical factors. If a doctor fails to review a patient’s medical history or doesn't take into account drug interactions, allergies, or pre-existing conditions, and a harmful error occurs, they may be liable for medical malpractice.
Nurses
Nurses are typically responsible for administering medication according to a physician’s orders. They must verify patient identity, medication type, dosage, and timing. If a nurse gives medication to the wrong patient or administers the wrong dose, they could be held accountable, especially if hospital protocol was ignored.
Pharmacists
Hospital pharmacists are often tasked with preparing and dispensing medication. A pharmacy error—such as mislabeling a drug, preparing the wrong compound, or failing to catch a dangerous drug interaction—can have catastrophic effects. Pharmacists may face legal consequences if it's proven they acted negligently.
Hospitals and Healthcare Institutions
In many cases, the root cause of a medication error isn't just human oversight but systemic failure. Understaffing, inadequate training, outdated protocols, or failure to implement safety technologies (like barcode scanning systems) can all contribute to patient injury.
When hospital policies—or the lack thereof—create an environment where errors occur, the institution itself may bear responsibility under medical malpractice law. And in some cases, the hopsital may be liable not only for the errors of direct employees, but of outside physicians' negligence as well.
Proving Medical Malpractice in Michigan
Not every medication error automatically leads to a medical malpractice lawsuit. In Michigan, certain criteria must be met for a claim to be considered valid under the law.
To establish a successful claim, a plaintiff must demonstrate the following:
A duty of care was owed by the medical provider.
That duty was breached through negligence or omission.
The breach caused injury or harm to the patient.
The injury resulted in damages, such as pain, medical costs, lost wages, or emotional distress.
If all of these elements can be proven, the injured patient may have strong grounds for a medical malpractice claim under Michigan law.
Special Requirements in Michigan
Michigan has some specific legal requirements for filing a medical malpractice claim:
Notice of intent (NOI): Plaintiffs must serve a Notice of Intent to Sue at least 182 days before filing a lawsuit. Your case cannot be filed in the Court until 182 days (with some exceptions) elapses from the date of the NOI.
Affidavit of merit: The claim must be supported by an affidavit from a qualified medical professional who attests to the validity of the case; this must be filed with the complaint.
Statute of limitations: Victims generally have two years from the date of the incident (or six months from the date the error was or should have been discovered) to file a lawsuit, with some exceptions.
These requirements make it crucial to work with an experienced Michigan medical malpractice attorney as soon as possible, especially when working through intricate hospital systems or state controlled university hopsitals, with the potential of multiple liable parties.
Common Systemic Contributors to Patient Injury:
Systemic failures at hospital institutions often reflect deeper issues within hospital management and policies, highlighting the need for institutional accountability in medical malpractice investigations.
Understaffing and fatigue: Overworked staff are more likely to make mistakes, especially during long shifts or overnight hours.
Communication failures: Miscommunication between providers, especially during shift changes, can lead to incorrect medication orders.
Poor documentation practices: Incomplete or inaccurate records can result in dangerous oversights.
Lack of technology integration: Electronic health records (EHRs), barcoding systems, and automated alerts help reduce errors, but not all hospitals use them effectively.
Training deficiencies: Staff who aren’t properly trained in medication administration or hospital protocols are more likely to make errors.
In a legal context, identifying these issues can support a claim that the hospital’s negligence, not just an individual’s mistake, played a role in the harm caused. This is especially important when pursuing a medical malpractice lawsuit against a large healthcare institution.
What to Do If You Suspect a Medication Error
If you or a loved one has suffered harm due to a medication error in a Michigan hospital, it’s essential to take prompt action. Here's a step-by-step list of what you should do:
Seek immediate medical attention: Prioritize your health. Make sure the error is documented and treated properly.
Request medical records: These documents are vital evidence in proving a medical malpractice claim.
Report the error: Hospitals often have internal reporting systems. You can also file a complaint with the Michigan Department of Health and Human Services. Do not sign any agreement that restricts your rights to file your claim in Court.
Document everything: Keep records of conversations, medications received, symptoms, and any instructions given.
Contact Schefman & Associates: An experienced lawyer can help investigate your case, determine liability, and work through Michigan’s legal requirements.
The emotional toll and financial burden of a medication error can be overwhelming. That’s why many victims choose to pursue compensation not only to recover damages but to hold the responsible parties accountable and prevent similar errors in the future.
Contact Us Today
Medication errors can cause serious harm but are often preventable and may qualify as medical malpractice. At Schefman & Associates, PC, we have decades of experience fighting for victims in Wayne County, Oakland County, Macomb County, Washtenaw County, and Genesee County. If you or a loved one has suffered from a medication error, contact us today to schedule a consultation and explore your legal options.
