What to Know about Medication Errors and Medical Malpractice Claims

prescription medication packets

To discover the most common medication errors, how to know if you qualify for compensation, and how long you will have to take legal action against your negligent doctor, continue reading and reach out to our experienced New York medical malpractice attorney.

What are the most common medication errors?

Medication errors can occur in a doctor’s office, hospital, and other settings.聽The most common medication errors are as follows:

  • Prescribing the wrong medication
  • Administering the incorrect amount of a medication
  • Administering the wrong medication in a hospital setting
  • Not informing patients of potential adverse side effects
  • Illegibly prescribing medication
  • Not asking about your allergies before prescribing medication

The most common injuries and damages that may arise due to medication errors are the following:

  • Adverse side effects
  • Allergic reactions
  • Overdose
  • Death

Do I have a valid medical malpractice claim?

In order to file a valid medical malpractice claim, you will have to prove three factors:

  • You will have to prove that you were the patient of the doctor in question and that they owed you a duty of care
  • You will have to prove that the doctor breached the standard of care by not taking the standard accepted form of treatment
  • You will have to prove that your condition worsened and that you suffered financial damages as a result of your doctor’s actions

It is known that medical malpractice claims can be difficult to win. This is due to the fact that many doctors will hire a legal team of experts who will work to disprove your claim. This is why it is so important that you retain the services of an experienced medical malpractice attorney who will work tirelessly to fight for your rights. Our legal team will work to obtain your medical records, doctor鈥檚 notes, x-rays, and more pieces of evidence to support your claim and to achieve the compensation you require to heal.

How long do I have to file a medical malpractice claim in New York?

In New York, the statute of limitations for medical malpractice claims is generally two and a half years. This means that from the date of your accident, you will have two and a half years to file your claim against the negligent doctor who caused you to suffer damages. The sooner you can bring attention to your claim, the better. Failure to file your claim within his time period may result in being permanently time-barred from suing. To get started with your claims process today, reach out to our firm to schedule an initial consultation.


At Mark L. Bodner, P.C., we are committed to guiding clients through each step of the medical malpractice and personal injury claims process. Our firm understands how traumatic it can be when you become a victim of negligence. We are prepared to fight on your behalf to help you recover a maximum compensation award.聽Contact our firm today.