Medication errors represent a preventable cause of patient harm in healthcare settings. When a healthcare provider fails to administer medication correctly—whether through prescribing the wrong drug, dispensing an incorrect dosage, or administering medication to a patient with a known allergy—patients suffer serious consequences. These errors constitute medical malpractice when they fall below the standard of care that a reasonable healthcare provider would deliver under similar circumstances.
In Fort Smith and throughout Arkansas, medication errors harm patients and families every year. According to the Academy of Managed Care Pharmacy, medication errors harm at least 1.5 million Americans annually. Many victims never pursue legal action despite having valid claims. The attorneys at McCutchen Napurano - The Law Firm understand the devastating impact these errors have on patients and families. We hold healthcare providers accountable for medication errors that cause injury or death. Call (479) 783-0036 or submit your information through our online contact form.
Why Choose McCutchen Napurano - The Law Firm for Your Medication Error Case
McCutchen Napurano - The Law Firm brings experience handling complex medical malpractice claims throughout Arkansas. Our track record includes the $15M Stipins v. Mercy Hospital verdict, one of the largest wrongful death awards in state history. We maintain the resources necessary to take on major healthcare institutions and insurance companies that fight hard to minimize payouts.
Our attorneys understand medication error cases require knowledge of pharmacy practices, drug interactions, and medical protocols. We work with qualified medical experts who can explain how the defendant’s actions deviated from accepted standards. We communicate clearly with clients throughout the process, keeping you informed of developments and explaining your options at every stage.
Founder Joey McCutchen has represented injured patients for 34 years and holds recognition as a Super Lawyer for seven consecutive years (2019-2025). Our firm maintains an A+ rating with the Better Business Bureau and a 5.0 Google rating from client reviews. We represent only injured patients and their families—never insurance companies or defendants. Learn more about what to expect during your first meeting with our team.
Common Causes of Medication Errors in Fort Smith Healthcare
Medication errors occur through multiple pathways in the healthcare system:
- Physicians write incorrect dosages or fail to account for drug interactions
- Pharmacists fill prescriptions with the wrong medication or incorrect quantity
- Nurses or medical staff give medication to the wrong patient or via the wrong route
- Communication breakdowns between doctors, pharmacists, and nursing staff occur
- Electronic health record failures cause incorrect medication information to populate
These errors often stem from hospital negligence and systemic failures in healthcare delivery. When healthcare providers fail to follow proper protocols, patients suffer preventable harm. The U.S. Food and Drug Administration (FDA) tracks medication errors and adverse events through its MedWatch program, which documents thousands of preventable incidents annually. Understanding these common causes of medication errors is essential for identifying negligence.
Potential Damages from Medication Error Cases
Victims of medication errors deserve compensation for all losses resulting from the negligence. Recoverable damages include:
- Medical expenses for treating adverse reactions, hospitalizations, and emergency care
- Lost wages and diminished earning capacity if the error causes permanent disability
- Pain and suffering compensation for physical pain and emotional trauma
- Long-term care costs for patients requiring ongoing medical treatment or assistance
- Wrongful death damages for families when medication errors prove fatal
McCutchen Napurano - The Law Firm secured the largest wrongful death verdict from medical malpractice in Arkansas history: Stipins v. Mercy Hospital – $15M Wrongful Death Verdict (October 2025). The Sebastian County Circuit Court jury awarded the estate and family of Stephanie Stipins $15 million against Mercy Hospital Fort Smith Communities and Dr. Brock Wilson. This landmark verdict demonstrates our commitment to pursuing maximum compensation for families devastated by healthcare negligence. View our complete case results and verdicts to see how we’ve recovered compensation for injured patients.
How Our Fort Smith Medication Error Attorneys Build Your Case
Building a successful medication error claim requires thorough investigation and expert analysis. Our legal team:
- Obtains and reviews complete medical records to identify where the error occurred
- Consults with qualified medical experts who testify regarding the standard of care
- Documents all damages including medical bills, lost income, and impact on quality of life
- Negotiates aggressively with insurance companies representing healthcare providers
- Prepares cases for trial when settlement offers fail to reflect the true value of your claim
We invest significant resources into each case because we represent clients on a contingency basis. We only recover fees if we win your case or secure a settlement. This arrangement aligns our interests with yours—we succeed when you recover compensation. Learn more about how we work and our commitment to injured patients. Our discovery process ensures we uncover all evidence necessary to build a compelling case.
Frequently Asked Questions About Medication Error Claims
How do I know if I have a medication error malpractice case?
You may have a valid claim if a healthcare provider administered incorrect medication, gave the wrong dosage, failed to check for allergies or drug interactions, or gave medication to the wrong patient, and this error caused you injury. Consult with our attorneys for a free evaluation of your specific situation. Many medication errors fall under pharmaceutical errors or improper treatment categories. The American Medical Association (AMA) provides guidelines on medication safety standards that healthcare providers must follow.
What is the statute of limitations for medication error claims in Arkansas?
Arkansas law allows two years from the date of injury to file a medical malpractice claim. This timeline can vary based on circumstances such as when the injury was discovered. Contact us immediately to ensure your claim is filed within the required timeframe. Time is critical in these cases. Learn more about how long after an accident can you sue in Arkansas.
Can I file a claim if a family member died due to a medication error?
Yes. Families of patients who die from medication errors can pursue wrongful death claims. These cases seek compensation for funeral expenses, lost financial support, and the loss of companionship and guidance the deceased would have provided. Our attorneys have extensive experience with wrongful death lawsuits in Arkansas.
How much does it cost to hire a medication error attorney?
McCutchen Napurano - The Law Firm represents medication error victims on a contingency fee basis. You pay no attorney fees unless we recover compensation through settlement or verdict. We cover case expenses upfront, and you owe nothing if we don’t win. Learn more about how we get paid and our commitment to accessible legal representation.
What evidence is needed to prove a medication error case?
Successful medication error claims require medical records documenting the error, expert testimony establishing the standard of care, evidence of causation linking the error to your injury, and documentation of damages. Our attorneys gather and organize this evidence throughout the investigation and discovery process. The Joint Commission establishes national standards for medication safety that we use to establish negligence.
Contact Our Fort Smith Medication Error Lawyers Today
If you or a family member suffered injury from a medication error, contact McCutchen Napurano - The Law Firm immediately. We offer free consultations to discuss your case and explain your legal options. Our attorneys work on contingency, meaning you pay nothing unless we recover compensation for you.
Call (479) 783-0036 or submit your information through our online contact form. Time matters in medication error cases due to Arkansas’s statute of limitations. Let our experienced team fight for the compensation you deserve.
