Is Being Prescribed the Wrong Medication Considered Medical Malpractice in Maryland?

 Posted on April 09, 2026 in Medical Malpractice

We don’t often think about the trust we’re putting in our doctors every time they give us a prescription. But wrong or contraindicated medications can do serious damage where they’re supposed to help. According to the World Health Organization, unsafe medication practices and medication errors are a leading cause of injury and avoidable harm in health care systems across the world, including in the U.S. In some cases, medication errors can even be fatal.

If you believe that you’ve been given a wrong prescription in a way that amounts to malpractice, you may have legal grounds for a malpractice case. A Hancock, MD medical malpractice attorney can help you understand if what happened to you was unlawful and what your options are now.

What Counts as a Medication Prescription Error?

Common examples of misprescription include:

• Prescribing a medication that the patient is known to be allergic to
• Ordering the wrong dosage (either too high or too low)
• Not checking for dangerous interactions with other medications or supplements the patient takes
• A pharmacist filling the wrong prescription entirely
• A nurse administering the wrong drug or dose in a hospital setting

Prescription errors aren't limited to a doctor writing down the wrong drug. They can happen at several points between the exam room and the patient. Any person in the chain – the prescribing doctor, the pharmacist, a nurse, or even a hospital – may be held responsible if their mistake caused harm.

Does a Prescription Error Automatically Count As Malpractice?

A medication mistake is frustrating and potentially dangerous, but not always malpractice. Maryland law has a higher threshold than just being given the wrong drug and also requires malpractice claims to go through a specific pre-suit process before they go to court.

To have a valid malpractice claim, you need to show four things: 

• The healthcare provider owed you a duty of care
• They fell below the accepted standard of care (by giving you the wrong medication, in this case)
• That breach of care directly caused you injury
• You suffered real damages as a result

The standard of care is important. Under Maryland Courts and Judicial Proceedings § 3-2A-02 and common law rulings, a healthcare provider isn't liable for malpractice unless it's clear that their care didn't meet the standards practiced by other doctors in the same field with the same level of training. In other words, the question isn't only whether the medication was wrong. It's whether another doctor in the same situation would have made that mistake.

Because of this, Maryland requires plaintiffs to file a certificate from a different, qualified doctor when bringing a malpractice claim. That expert must confirm that the provider's care fell below the accepted standard.

Who Can Be Held Responsible for Misprescription of Medication?

One of the first things to figure out in a prescription error case is who actually made the mistake. Possible defendants (liable parties) include:

• The prescribing doctor, if they ordered the wrong medication or ignored a known allergy or interaction
• The pharmacist, if they filled the prescription incorrectly or failed to catch a dangerous error
• A hospital or clinic, if the error happened during a procedure or inpatient stay
• A nurse or other staff member who administered the wrong drug

In some cases, more than one party shares responsibility. A doctor may have prescribed a drug with a known dangerous interaction, and the pharmacist failed to catch it before dispensing. An attorney can help trace all points in the chain where mistakes were made.

How Long Do You Have to File a Malpractice Claim in Maryland?

Maryland's statute of limitations for medical malpractice gives you either three years from the date you discovered the injury or five years from the date of your injury, whichever comes first.

Missing these deadlines typically means losing your right to seek compensation. If you think you were harmed by a recent prescription error and want to file a claim, get legal help as soon as possible.

Call a Glen Burnie, MD Medical Malpractice Attorney Today

Working out liability in a wrongly-prescribed medication case requires someone who understands Maryland malpractice law and will be attentive to your case. Our Hancock medical malpractice lawyer at Serafini Law offers free consultations, answers calls 24/7, and handles every case personally.

We take cases on a contingency fee basis, which means you pay nothing unless we recover for you. We're supportive with our clients and aggressive with insurance companies and other defendants. Call 240-744-1600 today to get started.