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Medication Errors & Pharmaceutical Lawsuits in Hobbs, NM

Healthcare providers must take prudent measures to ensure that prescribed medication is the correct type and dosage for a diagnosed condition. When doctors, nurses, and pharmacists fail to take these preventative steps, they may be liable for damages related to medication errors.

If you or a loved one suffered from a medication error caused by negligence, you could be entitled to financial compensation. A pharmaceutical lawyer with the Kemmy Law Firm can help you pursue damages from those responsible for your injury, illness, or loss of a loved one due to medication errors.

Contact our New Mexico medication errors attorneys for a free, no-risk consultation. Call 575-222-8549 or reach us online.

Understanding Medication Errors

Medication errors are adverse medical events caused by incorrect or inappropriate diagnosing, dosing, or dispensing. According to the National Institutes of Health, preventable medication errors harm hundreds of thousands of patients each year.

Medication errors cause harm through adverse reactions, dangerous interactions, or overdose. When patients are administered the incorrect drug or dose, they are not receiving proper treatment for a diagnosed illness or injury and may become sicker as a result.

As healthcare consumers, we expect doctors, nurses, and pharmacists to give us medication that helps, not harms. When a practitioner’s negligence directly causes injury to a patient, pursuing compensation might be the only recourse.

Dangerous Drugs

Some medication errors have nothing to do with doctors, nurses, and pharmacists. Each year, dangerous or defective drugs are pulled from the shelves because they cause injury, illness, or death.

Pharmaceutical companies, suppliers, and retailers must ensure proper production, storage, and distribution to keep consumers safe.

Drug manufacturers are liable when they fail to uphold reasonable quality, ingredients, labeling, and marketing measures.

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Leading Medication Errors & Drugs

According to the Academy of Managed Care Pharmacy, carelessness or gross negligence are the most significant factors in medication errors.

These preventable mistakes occur at any point along a patient’s healthcare journey and include:

  • Prescribing incorrect medication for patient’s illness, injury, or condition
  • Giving a wrong dose with consideration for the patient’s condition, weight, and other factors
  • Failure to note patient’s allergies, current medication, or addiction issues
  • Failure to adequately warn or educate the patient of all associated risks
  • Failure to take reasonable measures to avoid dangerous drug interactions

Commonly Associated Injuries & Illnesses from Medical Errors

When patients receive the wrong medication, they don’t see the benefits of the correct medicine. Some potential injuries and illnesses resulting from medication errors include:

  • Worsening of current disease or condition
  • Adverse reactions ranging from mild to severe
  • Disability
  • Death

When Medication Errors Become Pharmaceutical Lawsuits

Even the most conscientious and experienced medical professionals make mistakes. Patients sometimes have adverse reactions, such as a commonly reported side effect. These errors and circumstances typically do not meet the standard of negligence needed for legal action.

A pharmaceutical lawyer can evaluate your case to determine if it contains the necessary elements of medical malpractice.

Duty of Care

Healthcare providers owe their patients a duty of care when prescribing and dosing medication. According to accepted medical practices, they should take the same reasonable measures as a similarly trained colleague. When it comes to prescribing medication, healthcare providers must obtain information about a patient’s allergies or other medications they might be taking.

Breach of Duty

When healthcare professionals deliver substandard care resulting in injury or illness from a medication error, they can be liable for breach of duty (negligence).


Causation is a legal term that shows a clear link between a medical professional’s negligence and a patient’s injuries or illness.


This injury caused economic or emotional damage (or both).

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Identifying Liable Parties

A pharmaceutical attorney can identify all liable parties who caused or contributed to a patient’s injuries. Hospitals, surgical centers, and skilled nursing facilities may also be held responsible for their employee’s negligence.

For diagnosing and dosing errors, liable parties might include:

  • Doctors
  • Specialists
  • Nurse practitioners or physician’s assistants
  • Duty nurses
  • Pharmacists

For dangerous or defective drugs, it is possible to file a lawsuit against:

  • Pharmaceutical manufacturers
  • Distributors
  • Suppliers
  • Retailers

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If you’re looking for a law firm, where you’re not just another client. I can say from personal experience, you have found the right place at The Kemmy Law Firm. Everyone there always treated us amazingly. Not at any time were we in the dark, not knowing what was going on. Either Tom, Nick or Melissa would give us updates often on the case and explain to us the next steps. Which this made us feel like we were the only case they had. They fought for us as if they were fighting for their own family. They were compassionate about making sure we were going to be all right during the case as well as the years after the case. We are so thankful we found the Kemmy Law Firm and you will be too. Thank you Tom, Nick, and Melissa and everyone at The Kemmy Law Firm.

  Stacey Mitchell   |   07.19.2019   |   See All Reviews

Potential Compensation for Medication Errors

When you or a loved one suffers due to a medication error, you deserve compensation for all the ways that your life is affected.

A New Mexico pharmaceutical lawyer can review your injuries and prognosis. Generally, the more extensive and severe the injuries, the higher the potential compensation. Each case is unique, but the most commonly sought damages for medication errors are:

  • Medical treatment and care (current and future)
  • Lost wages
  • Pain and suffering
  • Disability
  • Disfigurement

Some medication errors are fatal. If you lost a family member from a medication error, you could pursue compensation through a wrongful death claim.

Filing a Pharmaceutical Lawsuit

New Mexico allows victims of medication errors and other types of malpractice the right to pursue compensation. Most medical practitioners carry malpractice insurance, as do hospitals and healthcare facilities.

A pharmaceutical attorney with the Kemmy Law Firm would likely pursue compensation through an insurance claim. Doctors and medical facilities often prefer to settle lawsuits out of court. Our medication errors lawyers can negotiate a settlement on your behalf.

If negotiations fall through or your damages exhaust the policy limits of a malpractice policy, you have the option of filing a medical malpractice lawsuit.

Evidence in a Medication Errors Case

Proving liability in a medication errors case requires evidence. In most pharmaceutical negligence cases, you need a qualified medical expert to support your claim.

To show negligence, you must have a practitioner with similar training and education to verify that a medication error caused your injuries.

Other evidence used in a pharmaceutical lawsuit includes:

  • Internal reports
  • Exam notes
  • Witness statements
  • Test results

Time Limits for Filing a Lawsuit

Under New Mexico statutes, you have three years to file a medical malpractice lawsuit. Gathering evidence and expert testimony takes time. It is in your best interest to contact a medication errors attorney as soon as possible to exercise your legal rights.

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The Kemmy firm secured an $8 Million settlement on behalf of a client who suffered a brain injury when basic safety rules were violated.


Call the Kemmy Law Firm Today

Medication errors happen more frequently than you might think. If a medical practitioner’s negligence in prescribing or dosing medication harmed you or a loved one, we can help.

Careless doctors, nurses, pharmacists, and drug manufacturers should be held accountable for your pain and loss.

Contact the Kemmy Law Firm today for a free, no-risk consultation. Reach out online or call us at 575-222-8549.

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Kemmy Law Firm, P.C. Icon Kemmy Law Firm, P.C.

1601 North Turner Street Suite 417, Hobbs

5.0 12 reviews

  • Avatar R N ★★★★★ 2 months ago
    Nick was very easy to deal with. Very professional and understood the case very well. I hope to not have to work with him again (because not wanting another injury), but, if I do, I will work with again. Thanks for everything!
  • Avatar Manuel Arteaga ★★★★★ 2 months ago
    We were looking for someone to takeour case and We were unresponsive from some layers, either from well recogniced firms and I'm so grateful for that because since the first day that we spoke with Nick we knew that we will be well … More represented. He was very honest, clear, diligent and communicative thru the process. His work ethics are first class. I put him as a role model for my kids to know How a Profesional Person should be. Words are less of how greatfull we are to count with Him to represent us. Thank you Nick and your Team. Many Blessings!
  • Avatar Cynthia Garza ★★★★★ 9 months ago
    This law firm is professional , diligent and cares about their client. They were
    able to settle our suit at the first round of mediation. We were well informed about the process and knew what to expect.. The staff kept us informed and responded
    … More in a timely fashion to all correspondence .
  • Avatar Stuart Kunkel ★★★★★ 10 months ago
    I should have called Kemmy Law Firm, P.C. first
    For six months I have been dealing with an insurance company that would not reimburse me for a rental car I paid for out of pocket.
    I spoke to 10 different attorneys and nobody could help
    … More me.
    Then I called the Kemmy Law Firm, P.C. during a 15 minute phone call I got a Professional, Direct, Legal consultation that set me on the right course to handle my situation.
    The Kemmy Law Firm, P.C. is Polite, Respectful, and Sincerely Care about You enough to explain the legality of the Law with patience.
  • Avatar Jerry Guillen ★★★★★ 10 months ago
    Tom Kemmy helped me with a case about 20 years ago involving an insurance claim I had issues with and we were able to get the insurance to pay their part. I was very satisfied with Tom’s service. Also throughout the years since Tom has … More referred me and guided me in the right direction for legal questions. He is certainly a great person also because I personally know of him helping a grieving family that suffered the loss of 2 family members and he helped them gracefully. Thanks Tom for all you do.

Contact Kemmy Law Firm Today

(575) 222-8549 ONLINE FORM

Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.

When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.