San Antonio Medication Error Attorney
Home » Medical Malpractice » Medication Error
Medication Error Claims in San Antonio
When you go to the hospital for a checkup, illness, or injury, you likely do not question your doctor’s medical authority. But physicians and other health care providers are only human, and they too can make medical mistakes. From anesthesia mishaps to prescribing the wrong medication, it is not uncommon for patients to file lawsuits against a facility and their doctor.
If you or a family member suffered injuries or death as a result of your care provider’s negligence, reach out to an experienced medical malpractice lawyer today. At Janicek Law, we have decades of experience in handling medical malpractice cases. We know how to help you get justice and recover damages for your injuries and losses. Call 210-366-4949 for a free consultation.
What is a Medication Error?
A medication error is just how it sounds: it occurs when a doctor prescribes the wrong prescription or the wrong dosage. While receiving the wrong drug sounds like a simple mistake, it could result in life-threatening health complications, or even wrongful death, which is why this error is grouped in the medical negligence category.
Types of Medication Errors
Common types of medication errors happen when a prescribing doctor:
- Provides the wrong prescription
- Provides the wrong dose
- Doesn’t provide a necessary medication
- Provides prescription drugs that the patient is allergic to
- Mislabels a patient’s prescription drug
- Provides a medication or a dose that negatively interacts with other drugs the patient is taking
- Fails to warn about a medication’s side effects
- Provides incorrect instructions for taking a medication
- Gives a medication to the wrong patient
How Often Do Medication Errors Happen in the U.S.?
For starters, at least 66% of Americans regularly take prescription drugs according to data from Georgetown University. With that many people relying on medication, mistakes are bound to happen.
According to the Academy of Managed Care Pharmacy (AMCP), medication errors are one of the most common types of medical malpractice cases. The AMCP goes on to claim that at least 1.5 million Americans suffer injuries, and even death, from medication mistakes annually. As one can imagine, it costs billions of dollars to treat drug-related injuries (and prevent deaths). In fact, it costs an estimated $3.5 billion to treat drug injuries and illnesses every year. In order to cover drug-related deaths, it costs about $77 billion.
How Medication Errors Happen
Medication mistakes can happen to anyone. In most cases, though, the mistakes happen due to:
- Poor communication between patient and doctor
- Poor communication between multiple doctors about your prescriptions
- Similar sounding drug names
- Medications that look alike
- Illegible medical abbreviations or confusion between medical abbreviations
- Pharmacy errors, such as mislabeling certain medications
- Drug manufacturer errors
- A doctor failing to run the proper tests or scans in order to diagnose a health condition and determine the proper medication to treat the health condition
- Munchausen’s by proxy which is a mental health condition in which a parent/guardian lies about their child’s health condition (or lack thereof) in order to get them unnecessary or incorrect medical care
How to Prevent Medication Errors
In most cases, medication errors are preventable. The best way to prevent confusion regarding prescription medications is to ask questions and be as honest about your medical history as possible. The next time you or a loved one is prescribed medication, make sure to ask your healthcare provider the following questions.
- Does this medication have a brand name? If so, what is it?
- What can I expect when I take this medication? What are the health benefits and what are the possible side effects?
- What should I do if I experience side effects?
- If I accidentally miss a dose, what should I do?
- What is my dosage?
- How long do I need to take this medication?
- What kind of foods, drinks, activities, or other medications should I avoid while taking this drug?
- Is it possible that this medication will negatively interact with my current medications?
Lastly, knowledge is power when it comes to any aspect of your health. If you’re concerned about your health condition, your medications, your symptoms, etc., do your own research and present it to your doctor to get their opinion.
Can You Sue a Doctor for Over-Prescribing Medication?
Yes, you have grounds to sue a medical professional for any kind of medication mistake, especially if it resulted in serious injury, illness, or death. But if you believe that you received the wrong medication or wrong dosage but you didn’t suffer side effects, then your case won’t go very far.
How to Prove a Medication Error in a Medical Malpractice Lawsuit
It’s not enough to say that a prescribing doctor made some kind of medication error. That’s because there are some cases where people take the wrong medication and experience no side effects. What you have to do in a medical malpractice claim like this is prove that you suffered serious harm as a direct result of a medication error. This can be difficult to do.
In any medical malpractice lawsuit, including medication error lawsuits, the plaintiff must prove the following elements of negligence.
- Duty of Care: All healthcare professionals owe their patients a specific duty of care, also known as the medical standard of care.
- Breached Duty of Care: The physician failed to provide the proper medical standard of care. In this case, they failed to take proper care by prescribing the incorrect dosage, the wrong prescription, etc.
- Causation: The patient suffered health complications as a direct result of the medical professional’s negligence.
- Damages: The patient suffered numerous non-economic and economic damages that they should receive compensation for.
In a medication error lawsuit, not only is it important to have an experienced attorney on your side to prove these elements of negligence, but it’s also important to have an expert medical witness too. This expert witness should originate from the same medical field as the negligent doctor in question so they can:
- Thoroughly analyze the patient’s medical history,
- Explain how the healthcare provider violated the medical standard of care (in this case: prescribed the wrong prescription or wrong dosage),
- And explain how the prescription error affected the patient’s life. Did they suffer injuries or die from the wrong medication or wrong dosage? How?
What is the Average Settlement Value for Medication Error Cases?
The average case settlement for medication errors ranges from $100,000 to $600,000. It’s important to note that a wrong medication lawsuit settlement varies greatly depending on the damages you suffered.
Types of Damages For Medication Error Lawsuits
It’s possible to receive the following types of non-economic and economic damages from medication error cases:
- Past and future medical bills associated with treatment for a prescription error
- Medical expenses associated with necessary equipment, such as wheelchairs or walkers, especially if the medicine mistake caused long-term health complications
- Past and future rehabilitation bills associated with recovering from a prescription error
- Counseling expenses associated with emotional anguish that you suffered from the mistake
- Lost wages, if the wrong medication or wrong dosage affected your health to the point of preventing you from going to work
- Loss of earning capacity, if the drug injury resulted in a permanent health condition or disability that prevents you from doing all the required tasks in your job
- Loss of consortium
- Physical pain and suffering
- Emotional anguish
- Funeral and burial expenses, if the patient died due to the medication mistake
Example of a Recent Medication Error Lawsuit in Texas
According to an April 2022 report, a Texas family may receive $8 million in a medical malpractice lawsuit involving the wrong medication during surgery.
John Davis sued Texas Health Harris Methodist Hospital South West Fort Worth on behalf of his wife, Angela Davis, who sustained permanent brain damage because she was injected with tranexamic acid instead of a spinal anesthetic during her surgery. The injection of tranexamic acid, a medication that’s supposed to control excess bleeding, left Angela Davis permanently paralyzed due to her brain damage.
At the time of writing, the jury is placing 65% of the blame on the Fort Worth hospital and 35% of the blame on Sundance Anesthesia, the anesthesiology practice involved in the case. The Davis family could receive $8 million in damages, but only another ruling from the Tarrant County Probate Court 2 will determine who must pay the damages.
Call a Medication Error Attorney at Janicek Law Today
When a doctor or their staff makes a prescription error, it is not their life but yours or another patient’s that is on the line. By taking legal action, you could collect compensation for your suffering and prevent another patient from enduring the same situation. Our San Antonio law firm will fight aggressively for the justice of you or your loved one. We understand how physically and emotionally painful medical malpractice cases are. That’s why you need a strong, knowledgeable team of attorneys to make the process as easy and painless as possible. We’re ready to start an attorney-client relationship with you. For assistance with filing your malpractice claim, call our San Antonio office at 210-366-4949 and speak with an attorney who is experienced with Texas medication errors. We offer a free consultation to all new clients.Practice Areas
Multi-Million Dollar Results For Over 30 Years
Schedule a Free Consultation
![]()
Carmen8 October 2026Trustindex verifies that the original source of the review is Google.
Great communication and follow through. Professional, kind, and caring individuals.![]()
Yvette Ramirez1 October 2026Trustindex verifies that the original source of the review is Google.
Mr. Andrew Skemp and Gabby his assistant are the best. Very knowledgeable and were amazing in my case. I am very pleased and thankful of the outcome. If I could give more stars I would. I extremely and highly recommend them.![]()
Natasha Garza31 August 2026Trustindex verifies that the original source of the review is Google.
We had an amazing experience with Janicek Law from beginning to end. Karen Rangel recommended us to Cassidy Muniz, and we are so thankful she did. Cassidy assisted myself, my husband, and our two daughters, and all four of us are extremely happy with the experience and outcome. Cassidy truly went above and beyond for our entire family. She was always responsive, patient, professional, and helpful, and she kept us informed throughout the entire process. Everything went smoothly, we had no issues, and she made what could have been a stressful situation so much easier for us. The entire team at Janicek Law is amazing, and we felt like we were in great hands from start to finish. We are incredibly grateful to Karen for recommending Cassidy and especially grateful to Cassidy for everything she did for our family. We would 100% recommend Cassidy and Janicek Law to anyone looking for a team that truly cares about their clients. Thank you all so much for everything! ❤️![]()
Alex McWhirter18 August 2026Trustindex verifies that the original source of the review is Google.
We were referred to Janicek Law firm from a lawyer in Brownsville, who pointed out that they are experts in the field of medical malpractice and I am so grateful. We worked with Andrew and Gaby and they were dedicated and worked hard to get us the best possible outcome. They kept us informed and updated through every step of the process, always with a friendly and very professional disposition. Despite language and distance challenges, they accommodated all of our needs, and I would highly recommend Janicek Law Firm. They made a bad situation better by listening to our concerns, helping us through a sorrowful time for my family, and advising on how to defeat our opponent. For any families that have a beloved and elderly relative who suffered in the hands of callous and neglectful medical institutions, Janicek Law Firm were amazing in advocating for our relative and making these corporate entities accountable. Thank you, Andrew and Gaby, we really appreciated your help!![]()
Heidi Soto8 August 2026Trustindex verifies that the original source of the review is Google.
Mr Bernal and Karen were great. They always kept me up to date on all that was going on at all times. When it came down to mediation Mr Bernal knew exactly what to do and say to make things clear with the insurance company who wanted to take advantage of me. I highly recommend Mr Bernal if you ever are in an accident. He will definitely take care of you.![]()
Lucy30 July 2026Trustindex verifies that the original source of the review is Google.
I am beyond thankful for everyone at Janicek law for the professionalism, dedication, and support you all have showed throughout my lawsuit. From the very beginning, you all made a difficult and stressful situation much easier to navigate! Thank you for taking the time to answer my questions, keeping me informed every step of the way and making this process as stress free as possible! I can without a doubt definitely recommend this law firm!![]()
Iris Contreras16 July 2026Trustindex verifies that the original source of the review is Google.
I have started this review so many times, but every time I do, I realize there simply aren't enough words to thank the people at Janicek Law. Almost 3 years ago, my world ended. I lost my son, Zayden—the greatest love of my life. My other son, Zy, witnessed the unimaginable that day. He carries those memories with him every single day, and we are forever grateful that he is still here because we very easily could have lost him too. Our family didn't just experience a tragedy—we experienced trauma that changed us forever. When I first met the team at Janicek Law, I wasn't just grieving. I was broken. I was a mother trying to survive the unthinkable while helping my surviving son heal from something no child should ever witness. I didn't know if I had the strength to keep fighting. There were so many moments when I wanted to give up. Every deposition, every conversation, every piece of evidence forced me to relive the worst day of my life. I told them I couldn't do it anymore. But they never let me forget why we were fighting. They reminded me that Zayden deserved justice. They reminded me that Zy deserved justice. They believed in my family even when I couldn't believe in myself. What makes Janicek Law different is that this was never just a job to them. They never made me feel like another client or another case number. They knew my children by name. They celebrated Zayden's life. They cried with us, prayed with us, hugged us, encouraged us, and walked beside us through every heartbreaking step. They carried a piece of this burden with us, and I will never forget that. Even after the case was over, they didn't disappear. They still answer my calls. They still help me with paperwork. They still check on me. They still make me feel like my family matters. That's something you cannot fake. That's love. Somewhere along the way, I stopped seeing them as "my attorneys" and started seeing them as family. And I truly believe I have a family for life. No amount of money will ever bring my little boy back. I would trade every penny to hear his laugh one more time. But because of Janicek Law, I have peace knowing that his life mattered, his story was heard, and that they fought for my boys with everything they had. From the deepest part of a mother's heart... thank you. Thank you for loving my children. Thank you for never giving up on us when I wanted to give up myself. Thank you for standing beside us through the darkest chapter of our lives. You gave my family more than legal representation—you gave us hope, dignity, and people we will love for the rest of our lives. You helped a grieving mother find the strength to be the voice her son no longer had. In a world that can feel so unfair, you reminded me that there are still genuinely good people. We love each and every one of you, and we will never forget what you did for Zayden, for Zy, and for us.❤️![]()
Destiny Sanchez14 July 2026Trustindex verifies that the original source of the review is Google.
My friend Karen referred us to Janicek law firm and I am so grateful. We worked with cassidy moving forward and she went above and beyond while helping me with my accident case. From the very beginning, she was professional, knowledgeable, and always available to answer my questions. She kept me informed throughout the entire process and made a stressful situation much easier to handle. Her dedication, hard work, and attention to detail truly made a difference in my case. I am incredibly grateful for everything she did for me and my family. I would highly recommend Cassidy and Janicek Law Firm, who genuinely cares about clients and fights for the best possible outcome. Thank you cassidy for everything!![]()
Virginia-Ann Bernal8 July 2026Trustindex verifies that the original source of the review is Google.
After my accident, I felt overwhelmed and had no idea what to do next. Choosing Janicek Law Firm was one of the best decisions I could have made. From the very beginning, Philip Bernal, Cassidy Muniz, and Karen Rangel took the time to explain the process, answer my questions, and make sure I always knew what to expect. Cassidy and Karen were absolutely incredible throughout my entire case. They coordinated my medical care, helped with scheduling appointments, communicated with my insurance, and was always available whenever I needed guidance or reassurance. Their compassion and dedication truly made a difficult time so much easier. The entire team worked hard to build my case, keeping me informed every step of the way, and ultimately secured a settlement I was very happy with. More importantly, they gave me the peace of mind to focus on healing instead of worrying about the legal process. I can’t thank Philip, Cassidy, Karen and everyone at Janicek Law Firm enough for their professionalism, kindness, and commitment. If you’re looking for a law firm that genuinely cares about its clients, I highly recommend them. THANK YOU SOO MUCH!!![]()
Corey Sil29 June 2026Trustindex verifies that the original source of the review is Google.
Mr. Skemp and Gaby took care of everything and made my suit for Wrongful Death as easy as possible. I couldn’t have done any of this with out them! They honored and represented my Mother to the fullest and for that I am greatful! G. Silvas