My Texas doctor prescribed the wrong drug for me. What should I do?


Painter Law Firm's frequently asked question (FAQ) series

December 6, 2018

The short answer is “it depends.”

At Painter Law Firm, we get at least a few calls each month from patients who are understandably angry that they were given the wrong drug. If you were given a prescription for the wrong medication by mistake, but weren’t injured because of it, there’s no basis for a medical malpractice lawsuit even though the doctor made a medical error. Patients may consider filing a complaint against the physician with the Texas Medical Board.

On the other hand, if you were seriously injured by any of these common prescription drug mistakes, then I suggest that you contact an experienced Texas medical malpractice lawyer immediately:

· The doctor writes a prescription for the wrong medication.

· The doctor prescribed the correct drug, but with the wrong dose or duration.

· The pharmacy or pharmacist fills and dispenses a good, valid prescription with the wrong drug or dosage instructions.

· The physician prescribes a new drug that shouldn’t be taken by a patient with certain medical conditions or who already takes certain other drugs. This is based on manufacturer and Food & Drug Administration (FDA) drug interaction contraindications and warnings.

· The pharmacy or pharmacist knows about a drug’s contraindications or warnings and fills and dispenses a new prescription anyway.

We are here to help

Click here to send us a confidential email via our “Contact Us” form or call us at 281-580-8800, for a free initial consultation.


Robert Painter is an award-winning medical malpractice attorney at Painter Law Firm PLLC, in Houston, Texas. He is a former hospital administrator who represents patients and family members in medical negligence and wrongful death lawsuits all over Texas.

Robert Painter

Robert Painter is a medical malpractice lawyer at Painter Law Firm PLLC.


Is misdiagnosis medical malpractice in Texas?

Painter Law Firm's frequently asked question (FAQ) series [...]

read more

Texas court shoots down patient's argument that physician fraudulent concealment should extend statute of limitations

Fort Worth Court of Appeals opinion shows why it's wise to hire a medical malpractice attorney quickly [...]

read more


Discuss your case with an attorney.

Copyright ©2019 Painter Law Firm. All rights reserved.