Texas Injury Lawyers: Beat Medication & Pharmacy Errors

What counts as a medication or pharmacy error?

Medication-related injuries can result from preventable mistakes in prescribing, dispensing, or administration. Examples include:

• Wrong drug, dose, or strength
• Incorrect directions or labeling
• Dangerous drug interactions or contraindications
• Look-alike/sound-alike drug mix-ups
• Failure to provide appropriate counseling or warnings
• Packaging or barcode errors
• Failure to monitor or follow up

In Texas, many claims alleging departures from accepted professional standards by pharmacists, pharmacies, or prescribers are analyzed under the healthcare liability framework. See CPRC § 74.001(10), (12)(A), (13).

Common causes in Texas settings

Frequent contributors include poor communication between providers and pharmacies, illegible or ambiguous prescriptions, electronic order entry mistakes, inadequate verification, lack of medication reconciliation, high workload and interruptions, inventory and shelf placement issues, and inadequate patient counseling. System flaws and staffing pressures can increase risk in retail pharmacies, hospitals, and long-term care facilities.

Immediate steps after a suspected error

• Seek medical evaluation right away and bring the medication, packaging, and receipt.
• Do not take further doses until a clinician confirms safety.
• Photograph labels, pills, and any differences from prior fills.
• Write down symptoms, times, and names of people you spoke with.
• Request and preserve records: prescription, dispensing logs, medication guides, and after-visit summaries.
• Report concerns to the pharmacy and your prescriber in writing and request a corrective entry in your medical chart.
• Consider reporting to the FDA’s MedWatch program for adverse events (submit a report).
• Speak with a Texas injury lawyer before giving a recorded statement or signing any releases.

Potential legal claims

Depending on the facts, potential theories include:

• Professional negligence by a pharmacist, pharmacy, or prescriber
• Corporate negligence for unsafe systems, training, or staffing
• Negligent mislabeling or failure to provide appropriate counseling
• Negligence-per-se theories based on alleged violations of applicable standards
• Product liability if a manufacturing or packaging defect contributed

In Texas, many such suits against covered providers are treated as healthcare liability claims (HCLCs) and proceed under Chapter 74.

Texas healthcare liability claim requirements

Texas treats many medication and pharmacy error suits alleging departures from accepted standards of health care, professional services, or safety as HCLCs. Pharmacists are expressly included as health care providers. See CPRC § 74.001(12)(A), and the definitions of health care and health care liability claim in § 74.001(10), (13). The Texas Supreme Court has recognized that pharmacy-related negligence claims can qualify as HCLCs. See Randol Mill Pharmacy v. Miller, 465 S.W.3d 612 (Tex. 2015). Courts evaluate the claim’s gravamen under decisions like Ross v. St. Luke’s Episcopal Hosp., 462 S.W.3d 496 (Tex. 2015) and Texas West Oaks Hosp. v. Williams, 371 S.W.3d 171 (Tex. 2012).

Key features of HCLCs include:

• Pre-suit notice and authorization form requirements (CPRC § 74.051).
• An expert report served within 120 days of each defendant’s answer (CPRC § 74.351).
• Damage limitations applicable to certain defendants (CPRC § 74.301; § 74.303).

Whether a particular defendant qualifies and whether a claim is an HCLC depend on the specific facts.

Compensation you can seek

Potential damages include medical expenses (past and future), lost income and reduced earning capacity, costs of additional care, pain and suffering, physical impairment, and, in severe cases, disfigurement or wrongful death damages. For HCLCs, noneconomic damages are capped in many cases against physicians and health care institutions (CPRC § 74.301; wrongful-death caps in § 74.303). Exemplary damages require clear and convincing evidence of fraud, malice, or gross negligence (CPRC § 41.003) and are capped (CPRC § 41.008).

Evidence that strengthens your case

• The prescription image or e-prescription details and any changes
• Pharmacy dispensing records, counseling notes, and bar-code verification logs
• Medication labels, stock bottle NDC numbers, and lot numbers
• Prior and subsequent medication lists to show baseline and causation
• Hospital or urgent care records documenting the adverse event and any clinician causation statements
• Expert pharmacist and physician opinions connecting the error to your injuries
• Incident reports, corporate policies, and training records when available through discovery

Deadlines and timing

Texas imposes strict deadlines. Many HCLCs must be filed within two years (subject to limited exceptions), with a 10-year statute of repose, and pre-suit notice can toll limitations for 75 days. See CPRC § 74.251; § 74.051. Separate deadlines apply to the expert report (generally 120 days after each defendant’s answer; § 74.351). Because characterization of the claim affects the timetable, consult counsel promptly.

How a Texas injury lawyer can help

• Identify all responsible parties (pharmacy, pharmacist, prescriber, clinic, corporate parent)
• Send preservation notices and secure critical evidence
• Retain qualified pharmacy and medical experts early
• Navigate Texas healthcare liability procedures and insurance negotiations
• Calculate full damages and evaluate settlement versus trial strategy
• Advocate for safety changes to help prevent future harm

Frequently asked questions

Is every pharmacy error case in Texas a healthcare liability claim?

No. Many are, but characterization depends on the facts, the parties involved, and the theory of liability. Courts focus on the claim’s gravamen.

What if I did not keep the bottle?

You can still pursue records from the pharmacy and your medical providers. Act quickly to preserve electronic logs and surveillance where available.

Can I recover if my symptoms resolved?

Possibly. Short-term injuries and costs can still be compensable. A lawyer can evaluate damages and cost-effectiveness.

How long do I have to file?

Many HCLCs must be filed within two years, subject to limited exceptions, with a 10-year repose. Do not wait; deadlines can be complex.

What it costs to hire us

We offer free consultations. In most medication error cases, we work on a contingency fee — you pay no attorney’s fee unless we recover compensation. We typically advance case costs and are reimbursed only if there is a recovery. Terms are set out in a written fee agreement.

Take the next step

If you suspect a medication or pharmacy error in Texas, act quickly. Contact us to review your records, deadlines, and options. We’ll assess your case, explain the process, and help you pursue accountability and compensation.

Sources

• Tex. Civ. Prac. & Rem. Code § 74.001; § 74.051; § 74.351; § 74.301; § 74.303; § 74.251.
• Tex. Civ. Prac. & Rem. Code § 41.003; § 41.008.
• Randol Mill Pharmacy v. Miller, 465 S.W.3d 612 (Tex. 2015); Ross v. St. Luke’s Episcopal Hosp., 462 S.W.3d 496 (Tex. 2015); Texas West Oaks Hosp. v. Williams, 371 S.W.3d 171 (Tex. 2012).

Texas-specific disclaimer: This page provides general information about Texas medication and pharmacy error claims and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, and deadlines vary by case. Consult a Texas attorney about your specific situation.