Can You Sue for a Medication Error in Texas?

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Legally reviewed by:
Steven R. Davis and John A. Davis, Jr.
November 8, 2022

Every year, the Food and Drug Administration receives more than 100,000 reports that are related to medication errors. Many incidences go unreported, even in cases where patients sustained serious harm. The most unfortunate part of medication errors is that the vast majority of them are entirely preventable if physicians and other healthcare professionals had observed basic medical standards. Because they did not, you or your loved one have sustained significant injuries that require financial compensation to treat. The good news is that you can sue doctors, nurses, other medical professionals and the hospitals and facilities that employ them for their negligence and/or wrongful conduct. For more information on medication errors in Texas, please read on, then contact an experienced Houston, Texas medication error lawyer today.

How do medication errors occur in Texas?

The most common causes of medication errors can include improper diagnosis, miscalculation of certain doses based on a patient’s weight or the severity of their illness, failure to communicate between doctors and pharmacists, failure to analyze medical history or allergy history, prescribing drugs that don’t mix well, and more. When a medication error occurs, patients can endure a wide range of damages, including life-threatening situations or even death.

How do you prove a medication error case in Texas?

There should be clear proof that the medical professional’s actions were harmful to the patient’s health. You will need to verify that the administered medication caused health problems or worsened the state of a preexisting condition. This medical problem should be severe enough to warrant a lawsuit. A critical component of successfully prosecuting a medication error case is assigning liability to the correct party. To do that, you must prove:

  • The existence of a medical professional-patient relationship, establishing a duty of care
  • The medical professional or his or her facility was negligent in regard to your medication, i.e. that the care provided fell below the prevailing standard of care within the medical profession, and
  • You, the patient, suffered injury as a result of the medical professional’s negligent medication error

In the Lonestar State, you generally have two years, starting from the date of the underlying incident, to bring forward a medication error or other medical malpractice case. It is critical that you get the process started as soon as possible by retaining the services of a skilled Harris County, Texas medical malpractice lawyer.

Your seasoned legal representative will fight for the full range of economic, non-economic and, should the situation warrant it, punitive damages, because he or she knows that defendants will not rectify their conduct unless given a compelling reason to. Let us fight to hold the negligent party accountable.

Contact Our Team Today

If you or a loved one suffered from medical malpractice, contact the law firm of Davis & Davis today for a free consultation.

John A. Davis, Jr.


John A. Davis, Jr. and Steven R. Davis

November 8 2022

Steven R. Davis and John A. Davis, Jr. are experienced attorneys at Davis & Davis, a law firm that specializes in medical malpractice cases in Texas. With a deep commitment to justice that guides their ethical approach, Davis and Davis have dedicated their careers to helping victims of medical negligence. They and their team continue to advocate for clients, despite the challenges posed by Texas's cap on recoverable damages in malpractice lawsuits. Davis & Davis pride themselves on their extensive experience in the field and their readiness to meet clients across the United States.

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