Chicago Medication Error Lawyer

Fighting for Patients Harmed by Pharmaceutical and Prescription Errors in Chicago

At Rosenfeld Injury Lawyers, our experienced Chicago medication error lawyer team has seen firsthand how devastating these mistakes can be for patients and their families. When a prescribing physician, nurse, or hospital staff member gives the wrong medication, an incorrect dosage, or fails to consider dangerous drug interactions, the results can be life-altering. 

Our law firm represents patients across Cook County and throughout Illinois who have suffered serious harm due to medical negligence in prescribing or administering medication. From nursing homes to major Chicago hospitals, we pursue medication error lawsuits against healthcare professionals, pharmacies, and even drug manufacturers when preventable mistakes occur. 

We are committed to helping patients recover compensation for medical expenses, lost wages, and the long-term impact of these avoidable errors.

What Makes Us the Best Medical Error Attorneys in Chicago

Rosenfeld Injury Lawyers is recognized as the best medical malpractice law firm in Chicago, with a proven record of results for patients harmed by preventable medical mistakes. Our medication error attorney team has secured millions in verdicts and settlements for clients injured by prescription errors, incorrect dosages, and inappropriate medication use. 

We have been honored by Super Lawyers and maintain a perfect 10/10 rating on Avvo. Our medical malpractice attorneys are also proud members of the Million Dollar Advocates Forum. Backed by extensive trial experience and access to leading medical experts, our medication error lawyers hold negligent healthcare providers accountable.

Our client, Gloria, a 42-year-old Chicago resident, was prescribed blood pressure medication by her physician. Instead, a local pharmacy gave her the wrong medication, a powerful diabetes drug. After taking several doses, Gloria suffered seizures and severe organ complications, requiring weeks of hospitalization and ongoing medical treatment. 

Investigation revealed that the pharmacy had no safeguard system to double-check prescriptions before dispensing. The case’s value was influenced by her long-term medical expenses, lost wages, and the preventable nature of the mistake. A settlement of $2,000,000 was reached, ensuring Gloria could access proper care and financial stability for her recovery.

Types of Medication Error Cases We Handle

Our medication error attorney team handles a wide range of medication error lawsuits involving hospitals, pharmacies, nursing homes, and other healthcare professionals. One of the most common mistakes occurs when the wrong drug is dispensed, either by a pharmacy or hospital staff. 

Patients are also at risk when given an incorrect dosage, whether through overdose or underdose, which can lead to devastating injuries or even death. Errors also happen when hospital staff members are administering medication to the wrong patient, or when physicians and pharmacists overlook dangerous interactions. 

High-risk prescription medications such as insulin, blood thinners, and chemotherapy drugs require close monitoring, and a failure to do so often leads to severe complications. Pediatric and elderly patients are especially vulnerable to wrong dosage mistakes due to their unique needs. 

Finally, illegible prescriptions or errors entered into electronic health records can result in patients receiving the wrong medication or inappropriate treatment.

What Are the Most Common Causes of Medication Errors in Chicago?

Medication errors happen for many reasons, but certain patterns appear frequently in Chicago medical malpractice cases. One major cause is pharmacy dispensing mistakes, often involving look-alike or sound-alike drugs that are mixed up. 

Errors also occur when a prescribing physician orders the wrong medication or incorrect dosage, putting the patient at risk of serious harm. In hospitals, nurses and other healthcare professionals may give the wrong medication, wrong dosage, or wrong method of administration due to understaffing or miscommunication. 

Another common cause is the failure to review allergies or interactions with other medications, which can lead to preventable injuries or even death. Finally, mistakes in computerized order entry or electronic health records often result in patients receiving inappropriate medication or treatment. 

Each of these mistakes reflects a healthcare provider’s negligence and can form the basis of a medication error claim in Chicago.

What Are Common Devastating Injuries Caused by Medication Mistakes?

When medication errors happen, the injuries caused can be devastating and permanent. One of the most serious consequences is organ failure, especially of the liver or kidneys, when the body cannot process toxic drug levels. 

Errors involving blood thinners often result in stroke or heart attack, leaving patients with long-term disability. Overdoses or the wrong dosage of powerful drugs may cause brain damage from hypoxia, depriving the brain of oxygen. Patients may also suffer severe allergic reactions leading to anaphylaxis when a doctor prescribes an inappropriate medication without reviewing the patient’s condition or allergies. 

Tragically, many medication error lawsuits involve wrong medication or incorrect dosage, leading to death. These cases highlight the severe risks when healthcare professionals fail to meet applicable medical standards, and why patients and families need a medication error attorney to pursue fair compensation.

What Damages Can Victims Recover in Chicago?

Patients harmed by medication errors in Chicago have the right to pursue both economic and non-economic damages through a medical malpractice claim. Recoverable damages often begin with medical expenses, including the cost of emergency treatment, hospital stays, corrective medical procedures, and ongoing prescription medications. For those who suffer long-term effects, claims may also cover rehabilitation services and lifelong care costs.

Patients may also be compensated for lost wages if they are unable to work during recovery, as well as diminished earning capacity if their injuries permanently limit employment opportunities. Non-economic damages recognize the human cost of medical negligence, including pain, suffering, and emotional distress.

If a wrong medication or drug interaction results in death, families may seek wrongful death damages, covering burial expenses, loss of income, and loss of companionship. Our medication error attorney team helps clients pursue fair compensation for these losses.

What Is the Average Payout for Medication Error Cases in Chicago?

Based on Law.com’s VerdictSearch, payouts for medication error cases in Chicago vary widely. The average award is $5,952,398, while the median is $2,375,000. Reported results range from $25,000 for minor or temporary injuries to over $41 million in cases involving catastrophic harm or death.

The potential value of a case is influenced by factors such as:

• Whether the error caused temporary injury or lifelong disability
• Past and future medical expenses and long-term care needs
• Lost wages and reduced earning potential
• Emotional distress, pain, and suffering
• Wrongful death claims brought by surviving family members

Because no two medication error lawsuits are alike, the potential recovery depends heavily on the specific facts of the case. An experienced medication error attorney can help patients and families seek compensation that reflects both financial losses and the human cost of medical negligence.

Example Medication Error Cases Filed in Cook County

$41 Million Verdict – Failure to Monitor Blood Thinner

Craig Pierce, a 72-year-old Chicago attorney, suffered a massive cerebral artery stroke after medical professionals at OSF HealthCare and Fresenius failed to monitor his Coumadin levels. The stroke left him paralyzed and cognitively impaired, requiring 24/7 family care. A Cook County jury found multiple providers negligent for not coordinating his anticoagulation therapy. Pierce’s family received a $41,149,942.38 verdict, one of Illinois’ largest medical malpractice awards for an older adult.

$22 Million Award – Preeclampsia Mismanagement at Chicago Hospital

Rachelle Bentivenga, 34, died after Saint Francis Hospital failed to follow its policy for treating severe hypertension during pregnancy. She was given too little labetalol, leading to a fatal brain hemorrhage shortly before childbirth. Her baby survived, but she passed away days later. Her husband pursued a malpractice claim, and a Cook County jury awarded $22 million, citing negligence in medication administration and failure to protect her life.

$14.1 Million Award – Mismanaged Labor at Northwestern Memorial

Jennifer Hill’s son Ryan suffered severe brain damage after Dr. Elias Sabbagha and Northwestern Memorial allegedly failed to act on fetal distress during a long, drug-induced labor. Pitocin use was continued despite excessive contractions, and delivery was delayed. Ryan now lives with seizures and cognitive deficits requiring lifelong care. The jury awarded $14,128,008, covering future medical expenses, loss of normal life, and pain and suffering.

$13.9 Million Award – Birth Control Prescribing Error

Mariola Zapalski, 37, suffered a disabling stroke weeks after her physician prescribed Yasmin, despite her obesity, smoking habit, and other risk factors. The stroke caused permanent left-side paralysis and cognitive deficits, leaving her wheelchair-bound. A Cook County jury awarded $13,921,000 to Mariola and her husband Rafal, finding that the physician failed to warn of risks or suggest safer alternatives for treating her condition.

$11 Million Settlement – Neonatal Glucose Overdose

Premature infant Samuel Gest was administered an IV glucose solution more than six times stronger than prescribed at Mercy Hospital in Chicago. The error caused brain and lung hemorrhages, seizures, and lifelong disabilities. He now requires full-time care, tube feeding, and will never live independently. The hospital settled the case for $11 million, with structured payments ensuring future medical support and care costs for Samuel’s lifetime.

$8.25M Verdict – Child’s Fatal Asthma Attack due to Lack of Inhaled Steroid

Ten-year-old Harold Sepulveda died after a severe asthma attack triggered by pet exposure. His mother alleged Dr. Ignacio Fornaris failed to prescribe inhaled steroids and misled her about medications, while paramedics delayed oxygen. The city of Chicago was dismissed, but a jury found Fornaris 65% liable and the mother 35% liable. Damages totaled $8.25 million, reduced to $6.85 million for comparative negligence.

$7.5M Verdict – Boy Dies After Antibiotic Allergy

Twelve-year-old Andrew Muno died following surgery at Condell Medical Center after being given Ancef, despite a documented allergy. He suffered respiratory arrest after anesthesia removal. Plaintiffs alleged negligence in prescribing the antibiotic and managing anesthesia. Defense experts blamed airway stimulation rather than allergy. A jury sided with the family, awarding $7.5 million for pain, suffering, and loss of companionship.

$5.95M Verdict – Estrogen Prescription Ignored Cancer Risk

Teacher Marsha Dienstag alleged that gynecologist Lawrence Margolies negligently prescribed estrogen despite her cancer risks and delayed referral after she reported a lump. By 2000, her breast cancer required mastectomy, lymph node removal, chemo, radiation, and left her disfigured and disabled. Her husband claimed loss of consortium. The jury awarded $5.95 million, including substantial compensation for medical costs, pain, suffering, disfigurement, lost wages, and future recurrence risk.

$5.07M Verdict – Infant Dies After Sedative Administration

Seven-week-old Eli Haig, born with a congenital heart defect, was brought to Hinsdale Hospital for poor feeding and diarrhea. ER doctor David Mayor ordered Versed, a sedative, allegedly without examining him, despite advice to use hydration and comfort first. Eli suffered cardiac arrest and died. His family claimed the unnecessary drug caused his death, while the defense argued his condition was already declining. A jury awarded $5,072,014 for pain, suffering, and loss of companionship.

Why You Need a Medication Error Lawyer

Medication error lawsuits are among the most complex types of medical malpractice cases in Illinois. Proving liability often means untangling the actions of doctors, pharmacists, nurses, and hospitals to determine which party–or combination of parties–caused the patient harm. Success requires a detailed review of medical records, pharmacy dispensing logs, and expert testimony on applicable medical standards. 

In Cook County Circuit Court, plaintiffs must also comply with Illinois’ strict malpractice filing requirements, including certificates of merit from qualified healthcare professionals. A top-rated medication error lawyer ensures that every step is handled correctly, building the strongest possible case for fair compensation while protecting clients from aggressive insurance company tactics.

How Common Are Medication Mistakes?

Medication errors are the most common and preventable cause of patient injury in American hospitals. They occur in roughly 6.5 of every 100 admissions, often involving the wrong drug, wrong dosage, or administering medication to the wrong patient. 

The Institute of Medicine (IOM) has long recognized medical errors as a leading cause of death and injury, estimating 44,000 to 98,000 preventable hospital deaths each year–a toll greater than annual U.S. motor vehicle fatalities.

Another study shows the staggering financial toll, costing the healthcare system an estimated $20 to $45 billion each year in added treatment, extended hospital stays, disability, and lost productivity. Behind those numbers are real patients and families in Chicago and across Illinois who suffer because of preventable medication errors that never should have occurred.

Where Do Medication Errors Occur Most Often in Chicago?

Medication errors can happen in any setting where patients receive treatment or prescriptions, but some facilities in Chicago present higher risks. 

Major hospitals such as Northwestern Memorial, Rush University Medical Center, John H. Stroger Jr. Hospital, and University of Chicago Medicine handle thousands of prescriptions daily, leaving room for dispensing mistakes, wrong dosages, or failures to monitor dangerous interactions with other medications.

Retail pharmacies—including Walgreens, CVS, and independent neighborhood pharmacies—are another common site of prescription errors. A mislabeled bottle or incorrect instructions can lead to devastating injuries.

Errors also occur in nursing homes and long-term care facilities in Cook County, where elderly residents are especially vulnerable to incorrect medication or inappropriate combinations. Finally, outpatient clinics and smaller practices see mistakes tied to electronic record entries, illegible prescriptions, or rushed reviews of a patient’s condition. In every setting, an experienced medication error lawyer can help hold negligent parties accountable.

What Laws Govern Medication Error Claims in Illinois?

Medication error lawsuits in Illinois are governed in part by the Healing Arts Malpractice Act (735 ILCS 5/2‑622). This statute requires that anyone filing a medical malpractice claim provide an affidavit of merit from a qualified healthcare professional. The certificate must state that the case has a reasonable basis and that the alleged conduct fell below applicable medical standards.

Illinois follows a modified comparative negligence system. Under 735 ILCS 5/2-1116, if a patient contributed to their own injury–such as failing to follow prescription instructions–their compensation may be reduced proportionally. However, if the patient is found more than 50% at fault, they cannot recover damages.

How Long Do I Have to File a Medication Error Lawsuit in Chicago?

Under 735 ILCS 5/13-212, victims of medication errors generally have two years from the date they knew or should have known that an injury was caused by negligence to file a medical malpractice lawsuit. 

However, the law sets an absolute cutoff of four years from the date the malpractice occurred. Children harmed by medication errors receive additional time. If malpractice occurred before the child turned 18, they may file a lawsuit up until their 22nd birthday.

When a medication mistake results in a patient’s death, surviving family members may pursue a wrongful death claim under 740 ILCS 180/. The statute provides two years from the date of death to file. Working with an experienced medication error attorney ensures that grieving families meet all legal deadlines while focusing on healing after a devastating and preventable loss.

Who Is Legally Liable for Medication Errors in Chicago?

Liability for medication errors in Chicago can extend across several parties, depending on where and how the mistake occurred. Prescribing doctors may be held responsible for issuing the wrong medication or dosage. Pharmacists and pharmacy corporations like Walgreens or CVS may face claims for dispensing errors or mislabeled prescriptions. In hospitals, nurses and other staff who administer the wrong drug or dose can also be liable. 

Larger hospitals and healthcare systems may share responsibility for policy failures, inadequate staffing, or lack of oversight. In rare cases, EHR software vendors may be implicated if a system malfunction contributed to the mistake. Working with an experienced medication error lawyer is essential to identify all responsible parties and pursue maximum recovery.

Common Defenses in Medication Error Cases

In defending against medication error lawsuits, hospitals, doctors, and pharmacies often raise predictable arguments. One common defense is blaming patient noncompliance, suggesting the patient failed to take the drug as directed. 

Another is arguing that the harm was unrelated to the medication–for example, claiming a stroke or organ failure was due to an underlying condition rather than a medication mistake. Defendants may also argue that allergies or other medical complications were not foreseeable, attempting to avoid liability.

At Rosenfeld Injury Lawyers, our Chicago team of medication error lawyers counters these tactics with expert testimony, pharmacy guidelines, and medical safety standards that demonstrate what should have been done to protect patients. 

By analyzing medical records, hospital policies, and prescribing protocols, we build compelling evidence showing how negligence–not coincidence–led to preventable harm. This focused approach helps patients and families secure accountability and full compensation.

How to Strengthen Your Medication Error Case

Building a strong medication error claim requires quick action and thorough documentation. Patients should start by obtaining complete pharmacy and hospital medication records, which often reveal discrepancies in prescribing or dispensing. It’s also essential to preserve prescription bottles, labels, and receipts, as these can show exactly what was provided. 

Keeping a detailed record of adverse reactions, hospital visits, and follow-up treatment further supports the case. Finally, retaining qualified expert pharmacologists and physicians early allows your medication error lawyer to prove how the error occurred and the impact it had on your health.

How Our Chicago Medical Malpractice Attorneys Can Help

At Rosenfeld Injury Lawyers, our Chicago medication error lawyers have decades of experience holding negligent healthcare providers and pharmacies accountable. 

We begin by conducting a full investigation and collecting evidence, including pharmacy records, hospital protocols, and the actions of all staff members involved in the medication mistake. Our team works with leading medical and pharmacology experts to establish causation and show how the error led to your injuries. 

We are prepared to file medical malpractice claims in the Cook County Circuit Court, ensuring all Illinois legal requirements are met. From there, we negotiate aggressively with hospitals, insurers, and corporate pharmacy defendants. If a fair settlement isn’t offered, our medical malpractice attorneys are ready to take your case to trial to secure maximum compensation for you and your family.

FAQs

Are prescription errors considered preventable injuries?

Yes. Most prescription errors are classified as preventable injuries because they result from lapses in the standard of care by healthcare professionals, pharmacists, or hospital staff. Giving a patient the wrong medication or failing to review dangerous drug interactions almost always reflects medical negligence.

Who is most at risk for medication errors?

Elderly patients in nursing homes are particularly vulnerable due to multiple prescriptions and complex care plans. Children also face heightened risks, as small dosing errors can have catastrophic consequences. Patients taking high-risk drugs like insulin, anticoagulants, and chemotherapy are frequently harmed when dosages or monitoring are mishandled. 

Additionally, individuals treated in overcrowded Chicago hospitals or emergency rooms may suffer from rushed staff decisions. A medication error attorney can investigate whether these mistakes stemmed from unsafe hospital policies, staffing shortages, or a failure to follow prescription standards.

Can I sue hospital staff members for medication mistakes?

Yes. Hospital staff, including nurses, pharmacists, and even supervising physicians, can be held liable if their negligence caused a medication error. These errors often occur during administering medication, such as giving the wrong dosage, the wrong drug, or failing to monitor for adverse reactions.

Are pharmacies liable for dispensing the wrong medication?

Yes. Pharmacies and pharmacists can be held directly liable for prescription errors that cause patient harm. These mistakes may involve giving the wrong prescribed medication or dispensing drugs with dangerous interactions with other medications. 

Under Illinois law, pharmacies have a duty to ensure patients receive the correct medication and to review possible contraindications before dispensing. A pharmacy’s failure to fulfill this duty can be considered medical malpractice, forming the basis of a medication error lawsuit.

Can I file a medical malpractice lawsuit against a drug manufacturer?

Generally, drug manufacturers are not liable for individual medication errors, as those usually involve mistakes by healthcare providers, pharmacists, or hospital staff. However, if a drug manufacturer distributed a defective drug, mislabeled packaging, or failed to warn doctors and patients of known risks, they may face liability through a product liability claim rather than a malpractice case. 

Determining whether your case involves medical malpractice or product liability requires a careful review by an experienced Chicago medical error attorney. We work with medical experts to identify the liable parties and help patients pursue substantial compensation for their losses.

Who can file a medication error claim in Illinois?

Under Illinois law, patients who suffered harm due to a medication error may file a medical malpractice claim against the responsible parties. If the mistake resulted in a fatality, surviving family members–such as spouses, children, or next of kin–may pursue damages under the Wrongful Death Act.

What do I need to prove in a medical malpractice case?

To win a medical malpractice lawsuit in Illinois, you must prove four essential elements: duty, breach, causation, and damages. First, the medical professional must have owed you a duty of care, meaning they were responsible for providing treatment consistent with accepted medical standards. Next, you must show a breach of that duty, such as prescribing the wrong medication or failing to check for dangerous drug interactions. 

Then, you must link the mistake to your injuries through causation–demonstrating that the error directly caused harm. Finally, you must establish damages, such as medical costs, lost wages, pain, suffering, or even wrongful death. Our Chicago medication error lawyers work with expert witnesses to prove each element and seek compensation.

How much does a medication error attorney cost in Chicago?

At Rosenfeld Injury Lawyers, hiring a Chicago medication error lawyer comes at no upfront cost. We work on a contingency fee basis, which means we only collect a fee if we recover compensation for you through a settlement or jury verdict. Your initial consultation is free, and during that meeting, our medication error attorneys will evaluate your case, explain your rights, and outline your options for seeking compensation from the negligent parties responsible for your injuries.

Book a Free Consultation With a Chicago Medication Error Attorney Near You!

If you or someone you love has suffered harm from a medication error in Chicago, you don’t have to face the consequences alone. The experienced team at Rosenfeld Injury Lawyers has successfully represented patients in medication error lawsuits involving doctors, pharmacists, hospitals, and nursing homes. We know the devastating impact of wrong prescriptions and dangerous drug interactions, and we fight to hold negligent parties accountable.

Our Chicago personal injury law firm offers a free consultation and handles every medication error claim on a contingency fee basis–meaning you pay nothing unless we recover compensation for you. Call us at (888) 424–5757 or fill out our contact form to schedule your free consultation.

Specific Cases We Handle

• Chicago Stroke Misdiagnosis Lawyer
• Chicago Surgical Error Lawyer
• Chicago Anesthesia Error Lawyer
• Botched Circumcision Lawsuit
• Doctor Sexual Abuse Lawyer

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Buffalo Grove, Chicago, Naperville, Rockford and throughout Illinois.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.