Legal Help After Serious Medication & Prescription Errors
Medication and prescription errors can turn needed treatment into a serious threat to your health. One wrong drug, an incorrect dose, or a pharmacy dispensing mistake can lead to emergency care, long hospital stays, and lasting complications. If this has happened to you or someone you love, you may be unsure where things went wrong or who is responsible.
At Howry Breen & Herman, LLP, we represent patients and families who have been harmed by preventable drug errors in the Austin area. Our trial attorneys have nearly 25 years of experience handling complex injury and medical negligence cases for people across Central Texas. We work on a contingency fee basis, so you do not pay us unless we recover compensation for you.
Many people suspect something went wrong with a drug or prescription but are not sure whether it qualifies as malpractice. Medication, prescription, and dispensing errors can occur at several points in your care, from the moment a provider writes an order to the point when a pharmacy fills and labels your medication. Our role as your medication error lawyer Austin patients can turn to is to investigate each link in that chain.
Prescribing errors occur when a doctor or other prescriber orders the wrong medication, prescribes an unsafe dose, or fails to review your allergies and other medications. For example, a provider may choose a drug that dangerously interacts with a medication you already take or may prescribe a dose that is too high for your age, weight, or kidney function. In a hospital setting, these errors can be repeated over multiple days before anyone realizes the problem.
Administration errors typically involve nurses or other staff who give you the wrong drug, the wrong dose, or give a medication at the wrong time. These can happen in busy hospital units or clinics when staff are rushed or when communication is poor. Sometimes a drug that is meant for one patient is mistakenly given to another, which can lead to severe reactions or worsening of the underlying condition that was supposed to be treated.
Dispensing errors often involve pharmacies, both in hospitals and in community or mail-order settings. A pharmacist or technician may fill the wrong medication, provide the wrong strength, misread the prescription, or place the correct drug in a bottle with an incorrect label. Each of these mistakes can have serious consequences, especially when the drug affects your heart, blood pressure, blood sugar, or blood thinners. When we act as a prescription errors lawyer, we review the pharmacy records, labeling, and internal procedures to identify what went wrong.
The injuries from these errors can be wide ranging. Clients may experience organ damage, strokes, uncontrolled infections, severe allergic reactions, internal bleeding, or a significant setback in treatment of cancer or other serious illness. Families also sometimes face wrongful death after a critical drug error. If you recognize your experience in any of these situations, it is worth speaking with a prescription errors attorney to understand your options.
What To Do If You Suspect A Drug Error
Realizing that a medication or dispensing mistake may have harmed you can be overwhelming. You may be unsure whether to trust your current providers, and at the same time you still need care to address your symptoms. The steps you take in the days that follow can affect both your health and any future legal claim.
Your first priority should be your safety. Seek immediate medical attention if you are experiencing troubling symptoms, and tell the treating team about all drugs you have taken recently. A new provider or emergency department can document your condition and may be able to identify that a wrong medication or dose was involved. Even if your symptoms seem to be improving, it is still helpful to have them evaluated and recorded.
It is also important to gather and preserve information. Save all prescription bottles, packaging, and printed instructions from the pharmacy. Keep any receipts or delivery documentation from mail-order services. Write down when you started the medication, what you were told it was for, and when you first noticed problems. This documentation can be vital evidence for a drug dispensing lawyer reviewing your case.
You may be contacted by an insurer, hospital risk management office, or pharmacy representative. Be cautious about signing any documents, releases, or early settlement offers before you understand your rights. These papers can affect your ability to pursue a claim later. A brief consultation with a prescription errors attorney Austin residents can trust can help you decide how to respond.
When you reach out to us, we listen to your story, review any information you have, and explain possible next steps. Our goal is to relieve some of the pressure you are feeling, help you protect important evidence, and begin the process of determining what happened. You can contact our office for a free consultation to discuss your specific circumstances.
How Our Attorneys Build Your Case
Medication and pharmacy error cases often involve complex medical records, multiple providers, and detailed regulations. Many clients worry that they will never be able to prove what went wrong. Our role as a prescription errors attorney is to take on that investigative burden and provide you with clear information about the strengths and challenges of your case.
We typically begin by gathering all relevant medical and pharmacy records. This can include hospital charts, outpatient clinic notes, electronic prescribing logs, pharmacy dispensing records, and any communications about your medications. Our attorneys and staff review these materials carefully to trace the sequence of events, from the original diagnosis and prescription to the point when harm occurred. We look for inconsistencies, missing information, or documentation that suggests an unsafe choice was made.
We then work with appropriate medical professionals who can evaluate whether the care you received met accepted standards. These professionals may analyze whether a reasonably careful prescriber would have ordered the same drug, whether pharmacy checks were adequate, or whether nursing staff followed proper procedures when giving medications. Their opinions help us determine whether negligence played a role and what parties might be responsible.
Once potential liability is identified, we assess the full scope of your damages. This can include additional medical expenses, lost income, reduced earning capacity, and the cost of ongoing care. In wrongful death matters, we also consider losses suffered by surviving family members. Our attorneys prepare each claim with the understanding that it may be presented in Central Texas courts, and we use advanced trial science and technology to organize and present complex evidence in a way that judges and juries can follow.
Throughout the process, we keep you informed in plain language. We explain what we are doing, what we have learned, and what options are available, so you can make informed decisions about settlement or trial. Because we work on a contingency fee basis, you do not pay fees upfront. Our compensation is tied to the recovery we obtain for you, which aligns our interests with your outcome.
Frequently Asked Questions
How do I know if a medication error caused my harm?
It can be difficult to tell on your own. We review your medical and pharmacy records, listen to your experience, and consult with qualified medical professionals. Together, this helps us evaluate whether a preventable error occurred and whether it likely contributed to your injuries.
Can I file a claim against my doctor or pharmacist?
In some cases, yes. Liability can involve a prescriber, a hospital, a clinic, or a pharmacy, or more than one of these. We investigate where the breakdown happened and then explain which parties may be held responsible under Texas law.
How long do medication error cases usually take?
The timeline depends on factors like case complexity, the number of parties involved, and the court’s schedule. Some matters resolve through negotiation, while others proceed to trial. We discuss expected stages with you, provide updates, and prepare your case thoroughly at each step.
What should I bring to my first consultation?
It helps to bring prescription bottles, pharmacy printouts, discharge paperwork, and any letters or emails about your medications. A written timeline of events and a list of your providers can also be useful. If you do not have everything yet, we can still talk and help you gather records.
Talk With Our Team About A Medication Error
If you believe a medication, prescription, or pharmacy dispensing error has harmed you or a family member, you do not have to sort it out alone. Our attorneys can review what happened, explain your rights, and discuss possible paths forward so you can make informed choices about your next steps.
At Howry Breen & Herman, LLP, we bring nearly 25 years of trial experience, a record of high-value results, and a client-centered approach to every medical negligence case. Your consultation is free, and you will not owe attorney fees unless we obtain compensation on your behalf.
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Attorney Sean Breen and Attorney Chris Lavorato placed in California’s Top 100 Settlements for 2019, as tracked by The Recorder and VerdictSearch.
Our law firm is proud to have been recognized in the Texas Verdicts Hall of Fame. Texas Lawyer in conjunction with VerdictSearch, recognize attorneys and law firms for their verdicts of $10 million or more. In 2011 Sean Breen was a Hall of Fame Award Recipient for the #1 Premises Liability Top Texas Verdict, awarded by Texas Lawyer, for the jury verdict award in the case VanDusen v. Aspen Square Management. In 2016 Sean Breen was inducted into the Texas Verdicts Hall of Fame, awarded by Texas Lawyer, for an outstanding verdict in Nester v. Textron.
Selection to America’s Top 100 Personal Injury Attorneys® is by invitation only and is reserved to identity the nation’s most exceptional litigators for high-value personal injury, catastrophic injury, wrongful death, product liability, and medical malpractice matters. HBH is proud that Sean Breen has been selected for this award. Less than one-half percent (0.5%) of active attorneys in the United States will receive this honor — truly the most exclusive and elite level of attorneys in the community. (2017-2022)
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Lifetime Achievement selection to America’s Top 100 Attorneys® is by invitation only and is reserved to identify the nation’s most exceptional attorneys whose accomplishments and impact on the legal profession merit a Lifetime Achievement award. Selection is not achieved based on a single accomplishment or a single great year of success, but rather on a lifetime of hard work, ethical standards, and community enriching accomplishments that are inspiring among the legal profession. Both Sean Breen (since 2017) and Randy Howry (since 2018) are honored to receive this award.
America’s Top 100 High Stakes Litigators® is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters. To be considered for selection, an attorney must have litigated (for either plaintiff or defendant) a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake. These minimum qualifications are required for initial consideration. Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state. HBH is privileged to honor Partners Sean Breen (2017- 2022) and Randy Howry 2017, 2019, 2020 and 2021 for selection of this award.
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America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (member since 2019) and Randy Howry (member since 2020) to be recognized among this elite group.
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Top 10 Business Tort Trial Lawyers by the National Trial Lawyers. Randy Howry 2012-2013; Sean Breen since 2016.
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Sean Breen has been recognized for obtaining the Number 1 Verdict in Texas for electrical injury and utility negligence. This win underscores his relentless commitment to achieving justice for his clients and showcases the firms dedication to exceptional advocacy.
Sean Breen was honored by TopVerdict.com for recovering one of the Top 50 Verdicts in Texas in 2017. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
Sean Breen was honored by TopVerdict.com for recovering one of the Top 50 Verdicts in Texas in 2016. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
Sean Breen has been a member of the Multi-Million Dollar Advocates Forum since 2011, a renowned legal organization whose membership is restricted to trial attorneys who have achieved seven-figured settlements and/or jury verdicts.
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Randy Howry was honored by Austin Monthly’s Top Attorneys in 2023.