Medication errors in Canberra Hospitals: Your rights when prescriptions go wrong
You go to hospital expecting to get better, not worse. But when a nurse gives you the wrong medication, a doctor prescribes the wrong dose, or a pharmacist misreads a prescription, the consequences can be serious.
Medication errors in hospitals are more common than most people realise. If you’ve been harmed by a medication mistake in a Canberra hospital or medical facility, you have legal rights.
At Maliganis Edwards Johnson, we help ACT patients who’ve suffered harm from medication errors.
Here’s what you need to know.
What are medication errors?
A medication error is any preventable mistake involving medications that causes harm or could cause harm to a patient. Common medication errors in Canberra hospitals include:
Wrong medication: You’re given a completely different drug than what was prescribed, often because names sound similar or look alike on prescription labels.
Wrong dose: You receive too much or too little of the correct medication, which can be ineffective or dangerous.
Wrong patient: The medication meant for another patient is given to you due to mix-ups with patient identification.
Wrong route: Medication given the wrong way, for example, something meant to be taken orally being given intravenously.
Timing errors: Medications given at the wrong time or not given when needed, particularly critical for time-sensitive drugs.
Drug interactions: You’re prescribed medications that shouldn’t be taken together, causing dangerous reactions.
Allergic reactions: You’re given medication you’re allergic to because your allergies weren’t properly checked or recorded.
Poor side-effect management: You experience side-effects or complications after starting a medication, and bring them to the attention of your treating team, but you are not taken off the medication within a reasonable time and then the complications become serious.
Real consequences of medication mistakes
Patients in Canberra hospitals have experienced allergic reactions requiring emergency treatment, organ damage from toxic doses, strokes or heart attacks from drug interactions, infections from missed antibiotics, worsening of their original condition, and extended hospital stays to treat complications.
In the worst cases, medication errors can be fatal.
Not every medication error is automatically negligent, but many are. Medical negligence occurs when the error resulted from care that fell below acceptable medical standards.
This includes failing to check your medication allergies before prescribing, not reviewing your current medications for dangerous interactions, prescribing dosages inappropriate for your age, weight, or condition, nurses administering medication without proper checks, pharmacists filling prescriptions incorrectly, and ignoring clear warning signs that a medication is causing harm.
What compensation can you claim?
If you can establish that a medication error was negligent and caused you harm, you may be entitled to compensation for additional medical treatment needed to address the harm caused by the error, extended hospital stays or rehabilitation, lost income from time off work, pain and suffering from the complications, future medical costs if you have ongoing health conditions to deal with from the error, and care and assistance if you need ongoing support.
The amount depends on the severity of harm caused and how it’s affected your life.
What to do If you’ve been harmed
If you suspect you’ve been given the wrong medication or the wrong dose in a Canberra hospital, take these steps immediately.
Get medical help: If you’re experiencing unusual symptoms or reactions, tell hospital staff immediately. Your health comes first.
Report the error: Notify the nurse, doctor, or hospital administration that you believe a medication error has occurred.
Document everything: Write down what medication you were supposed to receive, what you actually received (if you know), when it happened, what symptoms you experienced, and who you spoke to about it.
Request your medical records: You have a legal right to copies of your medication charts, prescription records, and nursing notes. These show exactly what was ordered versus what was given.
Don’t assume it’s your fault: Patients sometimes blame themselves for medication errors, thinking they should have questioned it or known better. Medication safety is generally the responsibility of healthcare professionals, not patients.
Seek legal advice early: Medication error cases often require expert medical evidence to prove what should have happened versus what actually happened. Early legal advice ensures evidence is preserved and your rights are protected.
Time limits for claims in the ACT
You generally have three years from when you became aware that the medication error caused you harm to start legal action. However, the full effects of medication errors aren’t always immediately apparent, so it’s important to get legal advice as soon as you suspect something went wrong. Earlier notification timeframes apply.
Why legal help matters
Having experienced legal representation means understanding whether the error fell below acceptable standards, gathering evidence from medical records and expert witnesses, proving the link between the error and your harm, and negotiating fair compensation for what you’ve suffered.
At MEJ, we work with leading medical experts who can review your case and provide the evidence needed to support your claim. We work on a no win, no fee basis for medical negligence claims.
If you’ve been harmed by a medication error in a Canberra hospital or medical facility, contact MEJ for a free, confidential consultation about your rights.
Call us on 1800 570 778 or contact us online.