A medication or dosage error can make the care provider or pharmacy liable when it falls short of the standard of a reasonably competent professional (Article 6:162 of the Dutch Civil Code). Keep the packaging, the prescription and your records, and have an independent medical assessment establish the harm and the causal link.
For additional general information, see Government of the Netherlands information on patients’ rights and privacy.
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:
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An incorrect dosage (too much or too little medication).
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Administering the wrong medication.
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Forgetting a dose.
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Incorrect route of administration (e.g., intravenous instead of oral).
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Wrong patient or medication mix-up.
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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:
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checking the name, dosage, and medication before administration;
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taking into account allergies, pre-existing conditions, or interactions with other medications;
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clear communication with colleagues and pharmacists;
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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:
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A patient receives a tenfold dose of insulin due to a calculation error.
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A nurse swaps two IV lines, causing the wrong patient to receive medication.
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A doctor prescribes a medication the patient is allergic to, even though this was noted in the medical record.
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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.
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In the hospital: usually the hospital itself (art. 7:462 BW).
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At the general practitioner: the general practitioner or their locum.
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At the pharmacy: the pharmacist or their staff.
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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:
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Additional medical expenses (hospital, medication, recovery).
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Loss of income due to sick leave or disability.
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Travel expenses to specialists.
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Household help or informal care.
Non-material damages (pain and suffering):
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Pain and discomfort.
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Anxiety or panic attacks.
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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?
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Ask for an explanation
Discuss directly with the doctor or pharmacist what exactly went wrong. -
Have everything recorded in your medical record
This will serve as important evidence later. -
Request an independent medical opinion
An expert will assess whether the error was negligent. -
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:
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provide free legal assistance (we recover the costs from the liable party);
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ensure maximum compensation;
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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.
Frequently Asked Questions
What should I do if I suspect I received the wrong medication or dosage?
If you suspect a medication error, seek medical attention immediately and report the incident to your healthcare provider. It’s also important to document what happened and contact a legal professional to understand your rights for potential compensation.
Am I eligible to claim compensation if I experience harm due to a medication error?
Yes, if the error resulted from negligence or failure to follow proper protocols by healthcare providers, you may be entitled to compensation. A legal expert can assess your case to determine liability and guide you through the process.
Who is responsible if a medication error occurs in a hospital or pharmacy?
Liability generally depends on where the error occurred; hospitals are usually liable for errors made on their premises, and pharmacists are responsible for dispensing mistakes. You don’t need to identify the exact person responsible, just that the error happened within the organization.
How can I prove that a medication error was due to negligence?
Proving negligence involves showing that healthcare providers did not act with the expected level of care, such as failing to verify medication details. Consulting a legal professional can help gather evidence and establish if negligence occurred.
