Can I sue for medical malpractice in Texas after a medication error?

Answer:

Yes. Medication errors are one of the most common forms of medical malpractice in Texas. While malpractice often brings to mind surgical mistakes, prescribing or administering the wrong medication or wrong dosage can cause severe and even life-threatening consequences.

Examples of Medication Errors

  • Prescribing the wrong drug or dosage
  • Mixing up medications between patients
  • Pharmacy errors when filling prescriptions
  • Failure to check for allergies or drug interactions
  • Improper administration by nurses or hospital staff

Consequences of Medication Errors

  • Permanent health complications
  • Worsening of the original condition
  • Pain, suffering, and emotional trauma
  • Wrongful death in severe cases

Damages Available in Texas Medication Error Cases

Type of Damages What They Cover Texas Rules
Economic Damages Medical bills, rehabilitation, prescription costs, lost wages, loss of earning capacity No cap — victims can recover the full proven amount
Non-Economic Damages Pain and suffering, mental anguish, loss of enjoyment of life Capped at $250,000 per healthcare provider (since 2003 reform)
Wrongful Death Damages Loss of companionship, funeral costs, and emotional suffering of surviving family members Subject to Texas caps and statutory limits
Punitive Damages Awarded in rare cases to punish reckless or intentional misconduct Capped under Texas law, based on a formula tied to economic damages

Key takeaway: You may be able to recover significant compensation after a medication error, but Texas law imposes strict filing deadlines and damage caps. It’s important to contact an attorney quickly to protect your rights.

Next step: Call the Dallas medical malpractice lawyers at Rasansky Law Firm today at (214) 651-6100 for a free case review.


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Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.

Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.

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