Prescription Error in NYC: What to Do If You’ve Been Harmed by the Wrong Medication

Brian Magnosi | Medical Malpractice | August 5, 2025

woman with wrong prescription

Have you or a loved one suffered due to receiving the wrong medication or dosage from a pharmacy or medical provider? If so, you’re not alone—and you’re not without options. As a personal injury and medical malpractice attorney in New York City, I’ve seen firsthand the pain, fear, and confusion that follow a prescription error. You trusted a doctor or pharmacist with your health, and instead, you were handed a potentially dangerous mistake.

In this article, I’ll walk you through everything you need to know about how prescription mistakes happen, what you can do legally, and how to protect your rights. Most importantly, I want you to know: you’re not to blame, and you don’t have to face this alone.

The Real-Life Impact of Prescription Errors

Prescription errors are more than just mix-ups—they can be life-altering. One incorrect pill can lead to allergic reactions, drug interactions, overdoses, or even organ failure. For many people, the effects are long-term or permanent. I’ve worked with clients who’ve experienced seizures, strokes, or intense psychological distress, all because someone didn’t double-check a label or dosage.

The Emotional and Physical Toll

Imagine taking a medication for high blood pressure, only to realize you were given a drug that lowers your heart rate to dangerous levels. Or a child prescribed an antibiotic, receiving ten times the appropriate dose. These aren’t just medical issues; they become emotional traumas. Victims often experience fear, helplessness, and mistrust in the very systems designed to care for them.

The Financial Burden

Many of my clients face mounting medical bills from ER visits, hospital stays, follow-up treatments, and lost income due to time off work. Some require long-term care or therapy. All of this is because of someone else’s negligence. And while your health should always come first, let’s be honest—the financial strain can feel just as overwhelming.

Who’s Responsible for a Prescription Error?

You may be wondering: “Is this the doctor’s fault? The pharmacist’s? The hospital’s?” The answer depends on where the breakdown occurred.

Common Sources of Prescription Mistakes

  • Doctors may prescribe the wrong medication, dosage, or fail to review your medical history.
  • Pharmacists may misread handwriting, enter data incorrectly, or mislabel the prescription.
  • Hospitals and clinics may administer the wrong drugs or fail to verify medications before giving them to patients.

In legal terms, any healthcare provider who breaches their duty of care—and causes harm—may be held liable for medical malpractice.

What to Do Immediately After a Prescription Error

Taking quick, thoughtful action is essential—not only for your health but for protecting your legal rights. Here are three steps I strongly recommend:

1. Seek Immediate Medical Attention

If you’ve taken the wrong medication or dosage, don’t “wait and see.” Call your doctor, visit urgent care, or go to the ER. Even if symptoms aren’t obvious, damage may already be occurring inside your body. Getting medical help also ensures proper documentation, which is critical if you pursue legal action.

2. Document Everything

Once your immediate health is stabilized, begin documenting every detail related to the prescription error:

  • The name of the medication you were prescribed vs. what you received
  • The pharmacy and prescribing doctor involved
  • Symptoms experienced and treatments received
  • Time missed from work or activities
  • Emotional effects like anxiety, depression, or trauma

Save bottles, receipts, medical reports, and photos of any visible symptoms. Every piece of evidence builds your case and tells your story.

3. Consult a Medical Malpractice Lawyer

This is where we come in. At Mirman, Markovits & Landau, P.C., our experienced prescription error attorneys have helped hundreds of clients successfully navigate the complex world of medical malpractice—and win.. Prescription error cases can be difficult to prove without legal experience. We investigate every detail, consult medical experts, and fight to make sure you receive compensation for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Emotional distress
  • Long-term care or disability

And here’s the best part: you don’t pay us unless we win your case.

Get a free, no obligation case review

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What Types of Compensation Are Available?

Let’s break it down. When filing a claim for a prescription error, you may be entitled to both economic and non-economic damages.

Economic Damages

These include:

  • ER visits, hospital stays, and future medical costs
  • Medications to counteract or correct the error
  • Physical therapy, psychological treatment, or rehabilitation
  • Lost income if the error caused you to miss work or become disabled

Non-Economic Damages

These are harder to quantify but just as important:

  • Pain and suffering
  • Emotional trauma
  • Loss of enjoyment of life
  • Anxiety, PTSD, or depression resulting from the experience

As your attorney, I’ll work to ensure all damages—visible and invisible—are considered and calculated into your compensation claim.

How Prescription Errors Happen—and How to Prevent Them

While not every mistake is preventable, there are some steps you can take to reduce your risk.

Be Proactive at the Pharmacy

  • Ask the pharmacist to verify your name, dosage, and drug
  • Double-check the label and packaging
  • Confirm the medication is the one your doctor prescribed

Know Your Medications

Keep a running list of all your prescriptions, dosages, and allergies. Show it to every doctor and pharmacist you visit, even if you assume they already know.

Trust Your Instincts

If a pill looks different than usual, smells off, or doesn’t match the prescription name—don’t take it. Call your pharmacist or doctor to confirm.

You Deserve Accountability—and Peace of Mind

If a prescription error has harmed you, it’s not just about getting money. It’s about getting justice. It’s about making sure the system learns from its mistakes so others aren’t hurt. And it’s about you having peace of mind, knowing that someone is standing up for you.

At Mirman, Markovits & Landau, P.C., we fight for people just like you. People who were let down by the very professionals they trusted most. We take your case personally—because what happened to you should never happen to anyone.

Call us today at 212-227-4000 or visit mirmanlawyers.com to schedule a free consultation. The call is confidential. The consultation is free. And you don’t pay a thing unless we win.