Medical Malpractice Cases
Wrong drug, wrong dose, dangerous interactions and dispensing mistakes: medication and pharmacy error claims in hospitals, clinics and pharmacies.
Reviewed by Larry Forman, Attorney.
Medication errors happen at every step: a doctor prescribes the wrong drug or dose, an order is entered wrong, a pharmacy fills the wrong medication, or a nurse gives a drug to the wrong patient. The results range from a bad reaction to permanent organ damage or death. Forman & Associates represents Kentuckians harmed by a medication and pharmacy error.
If the error happened in a nursing home, see our nursing home medication errors page.
Key takeaways
A prescriber who chose the wrong drug, a pharmacist who missed an interaction or filled the wrong medication, the pharmacy company that employs them, and hospital nurses and the hospital itself can each be responsible. Pharmacists have their own professional duties, including reviewing prescriptions and counseling patients. We identify every party involved in the chain.
Kentucky gives most medical malpractice claimants one year to file suit, measured from when the injury was discovered or reasonably should have been discovered (KRS 413.140(1)(e) and (2)). The statute’s five-year outside limit was held unconstitutional in McCollum v. Sisters of Charity of Nazareth Health Corp., 799 S.W.2d 15 (Ky. 1990). The complaint must be filed with a certificate of merit stating that a qualified expert has been consulted, with limited exceptions (KRS 411.167). Because the deadline is short and expert review takes time, contact a lawyer as soon as you suspect an error. In 2018 the Kentucky Supreme Court struck down the state’s medical review panel law (Commonwealth v. Claycomb), so claims go directly to court.
Claims against pharmacies and pharmacists also generally fall under Kentucky’s one-year personal injury deadline. Don’t wait.
Kentucky has no cap on damages in medical malpractice cases. Section 54 of the Kentucky Constitution prohibits the legislature from limiting recovery for personal injury or death.
Yes, if the error caused harm. The pharmacy and pharmacist can be responsible.
That’s common. The question is whether the error caused harm, and when you discovered it may affect the deadline.
You can report errors to the Kentucky Board of Pharmacy or the FDA’s MedWatch program. Talk with us first so evidence is preserved.
Only if a provider should have known about the allergy, for example because it was in your chart, and prescribed or gave the drug anyway.
Keep the bottle, then call us. We’ll find out where the error happened.
Get a free case evaluation or call 502-931-6788.
This page is general information about Kentucky law as of October 2026, not legal advice. Every case is different.
