An incorrect dosage or administering the wrong medication can have serious consequences for a patient’s health. Each year in the Netherlands, hundreds of people fall victim to medication errors — in hospitals, at pharmacies, or in general practice.

In this blog, we explain when a medication error results in a medical error , who is liable and how you can obtain compensation.

What is a medication error?

A medication error is an error that occurs when prescribing, preparing, administering, or checking medications. It can involve:

• An incorrect dosage (too much or too little medication).

• Administering the wrong medication.

• Forgetting a dose.

• Incorrect route of administration (e.g., intravenous instead of oral).

• Wrong patient or medication mix-up.

• Incorrect interpretation of a prescription or medical record.

Not every error automatically results in liability. There is only a medical error if the healthcare provider has not acted as may be expected of a reasonably competent and careful physician, nurse, or pharmacist.

When is a medication error a medical error?

With medication errors, the question is whether the error is blameworthy.
The healthcare provider must act carefully, among other things by:

• checking the name, dosage, and medication before administration;

• taking into account allergies, pre-existing conditions, or interactions with other medications;

• clear communication with colleagues and pharmacists;

• complying with protocols and double checks.

If things go wrong here — for example, because the nurse gives an incorrect dose without verification, or the doctor prescribes an incorrect medication — then there is medical negligence.

Examples of medication errors

In practice, we often see recurring situations:

• A patient receives a tenfold dose of insulin due to a calculation error.

• A nurse swaps two IV lines, causing the wrong patient to receive medication.

• A doctor prescribes a medication the patient is allergic to, even though this was noted in the medical record.

• A pharmacist dispenses the wrong brand with a different strength.

Such errors can lead to serious complications, hospitalizations, or permanent injury.

Who is liable for a medication error?

Liability depends on where and by whom the error was made.

• In the hospital: usually the hospital itself (art. 7:462 BW).

• At the general practitioner: the general practitioner or their locum.

• At the pharmacy: the pharmacist or their staff.

• In home care or with a nurse: the relevant care institution or self-employed professional.

The main rule: the patient does not have to prove who exactly made the error, only that the error arose within the organization. The hospital or healthcare provider must then demonstrate that due care was exercised.

Also read:
👉 Medical error in the hospital: who is liable?
👉 Causality in medical errors: when is the doctor liable?

What damages can you claim after a medication error?

In the event of a medication error, you can have both material and immaterial damage compensated.

Material damage:

• Additional medical expenses (hospital, medication, recovery).

• Loss of income due to sick leave or disability.

• Travel expenses to specialists.

• Household help or informal care.

Non-material damages (pain and suffering):

• Pain and discomfort.

• Anxiety or panic attacks.

• Psychological complaints after serious errors.

Also read:
👉 Pain and suffering compensation for medical errors: what you need to know
👉 Compensation for medical liability

What to do in case of a medication error?

1. Ask for an explanation
   Discuss directly with the doctor or pharmacist what exactly went wrong.

2. Have everything recorded in your medical record
   This will serve as important evidence later.

3. Request an independent medical opinion
   An expert will assess whether the error was negligent.

4. Seek legal assistance
   A specialized personal injury lawyer helps you with establishing liability and recovering your damages.

Also read:
👉 The medical record: access, copy and correction
👉 Loss of a chance in medical errors

Why Arslan & Arslan Attorneys?

At Arslan & Arslan Attorneys we have extensive experience with cases involving medical errors and medication errors.
We work with experienced medical advisors to substantiate your case thoroughly.

Our clients choose us because we:

• provide free legal assistance (we recover the costs from the liable party);

• ensure maximum compensation;

• provide personal and expert contact throughout the entire process.

Have you suffered harm due to incorrect medication or dosage?

Do you suspect that a mistake was made in administering or prescribing medication?
Contact Arslan & Arslan Attorneys for a free evaluation of your case.
We help you establish liability and ensure that you receive what you are entitled to.