Medication Error Attorneys

Florida Medication Error Lawyers

Medication errors are serious and have potentially fatal consequences. For instance, if a patient’s pre-existing conditions are not taken into account, and/or the wrong medication/dosage is provided, severe injuries and permanent damage may occur. In the most serious cases, these injuries may result in the wrongful death of the patient. If you or a loved one suffered injury due to medication/prescription errors by medical professionals in Florida, it’s vital to have your case reviewed right away as there’s a statute of limitations on malpractice suits.


Bottle of prescription medication spilled over a table
Medical malpractice claims are only valid if the physician, or other healthcare professionals acted negligently. In fact, in order to determine if malpractice is present, several factors are required. These factors include:

  • Formal patient-doctor relationship must be established (general advice is not sufficient).
  • The medical professional must have acted negligently.
  • The error must have caused injury to the patient.


There are many types of medication/prescription errors made by medical professionals that put patients at risk for adverse, and potentially fatal consequences. These errors include, but are not limited to the following:

Failure to factor in pre-existing conditions – If patients have a pre-existing condition such as an allergy or injury detailed in medical records, it’s important that medical professionals take this into account when treating the patient or prescribing medicine. Failure to do so, could result in serious health issues. In extreme cases, this could include stroke, heart attack, or another serious complication that could result in the wrongful death of the patient.

Wrong medication – Simply put, if a medical professional prescribes the incorrect medication, the patient is at risk. The wrong medication may be prescribed due to an error by the pharmacist, doctor, or other factors such as faulty medical equipment, issues with medical records, etc.

Wrong medication dosage – The dosage of certain medications are determined based on individual characteristics such as height, weight, etc. Needless to say, if someone is over-prescribed or over-administered a medication, they’re at risk for a drug overdose.

Missed drug allergies – Needless to say, if  drug allergies are not taken into account when prescribing a medication, the patient is put at serious risk. If a medical professional fails to ask the patient and/or check medical records for drug allergies, this can lead to litigation.

Medication miscalculations – As previously discussed, miscalculations in the dosage of medication may very well be grounds for a malpractice lawsuit. Miscalculations may result from an individual error by physicians, pharmacists, or an issue with faulty medical equipment.

Adverse effects from multiple medications – In many cases, certain medications will not be prescribed based on a medication the patient is already using due to the possibility of adverse consequences. Medical professionals are required to obtain information on a patient’s current medications.

Medication Error Statute of Limitations

Florida’s series of complex Medical Malpractice Laws can be difficult to navigate and understand. The Florida Malpractice Act places the burden of proof upon the plaintiff to prove a medical professional was in fact negligent. In order to do this, another medical professional from the same field will be needed to testify for you. Additionally, causation must be proved, meaning that there must be proof that the medical professional’s actions or failure to act was the cause for your injuries.

“An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday…”

The Florida Legislature: (2018) (Section 95.11 7b)

In other words, in many cases, there is a 2-4 year statute of limitations on malpractice claims in Florida with several exceptions (i.e. a minor child was involved). Furthermore, cases involving fraud, intentional misrepresentation, or concealment carry a 7 year maximum limit on filing a claim. As a result, it’s imperative to have your case reviewed by our legal and medical professionals as soon as possible.

Flowchart representation of Florida medical malpractice laws regarding the statute of limitations and how long someone has to file a claim.

Because of this limited time window, it is absolutely critical that you hire an experienced medical malpractice attorney to investigate your case as soon as possible.


The main offices of Di Pietro Partners is located in Fort Lauderdale, Florida. We have satellite offices available by appointment in: Orlando, Fort Myers, Tampa, Jacksonville, Miami, and West Palm Beach. In addition to our physical locations, our experienced trial attorneys can also work remotely with clients regardless of their location. In other words, as long as your issue occurred within the State of Florida, we can help. Call our medical injury lawyers for a free and confidential case evaluation today 1.800.712.8462

This page was legally reviewed by David Di Pietro. David has been a practicing healthcare and medical malpractice lawyer for over a decade. Throughout this time, he’s represented client’s through various complex issues involving the healthcare system. This includes misdiagnosis, missed strokes, child birth injuries, medication errors and more. He regularly appears on national TV to provide his expertise on well known medical malpractice/personal injury matters such as the multi billion dollar Purdue Pharma Opioid Lawsuit. David is an experienced and aggressive trial attorney that has tried over fifty (50) jury trials and numerous bench trials. David is also a member of the Trial Lawyers and Health Law Sections of the Florida Bar.

This page was medically reviewed by Dr. Tiffany Di Pietro. Tiffany is a board certified physician and serves as the medical advisor for Di Pietro Partners’ medical malpractice and product liability cases. She graduated Magna Cum Laude with a Bachelor of Science degree in Psychobiology from Florida Atlantic University at 19 years old. She then went on to become the youngest graduate from the College of Osteopathic Medicine at Nova Southeastern University in Ft. Lauderdale, FL. Dr. Di Pietro is quadruple board-certified in cardiology, internal medicine, echocardiography and nuclear cardiology. Tiffany also frequently appears on national news outlets as a medical expert and commentator and has been called as an expert witness for numerous court cases.