Can I Sue if a Doctor Prescribed the Wrong Medicine?

 Posted on February 18, 2026 in Bus/Train Accidents

As of 2026, you may be able to file a medical malpractice claim if a doctor prescribed the wrong medicine and you were harmed. A prescription mistake can leave you dealing with new symptoms, a worse condition, or a hospital visit you never expected.

These errors are not rare. The U.S. Food and Drug Administarion recently reported that it receives more than 100,000 reports tied to medication errors each year. If you think a prescription error caused your injury, our Chicago, IL medical malpractice lawyers can help you understand whether the situation may support a claim.

When Does the Wrong Prescription Become Medical Malpractice in Illinois?

A wrong prescription can become medical malpractice when the doctor fails to follow the accepted standard of care. The "standard of care" means what a reasonably careful doctor would have done under similar circumstances. The key question is whether the doctor’s choices were unreasonable based on what they knew, or should have known, at the time.

What Kinds of Prescription Mistakes Can Support a Lawsuit?

Some prescription errors are obvious, while others are harder to spot until you get sick. A claim may be possible when the mistake creates a real safety risk and causes harm.

Common problems include:

• Prescribing the wrong drug for your condition
• Prescribing the wrong dose or strength
• Prescribing a drug that conflicts with your current medications
• Prescribing a medication you are allergic to
• Failing to adjust a prescription for kidney or liver problems

A lawsuit usually focuses on the decision-making behind the prescription and whether safer steps should have been taken.

What Do You Have To Prove To Sue Over the Wrong Medication in Illinois?

To sue successfully, you generally need to prove four things. First, the doctor owed you a duty of care. Second, the doctor breached that duty. Third, the breach caused your injury, and fourth, you suffered damages.

In Illinois, many malpractice cases also require a medical professional to review the claim first. Under 735 ILCS 5/2-622, you typically must file an affidavit and a written report from a qualified health professional stating there is a reasonable basis for the lawsuit.

That requirement matters because it pushes the case toward a serious medical review early, instead of guesses or assumptions.

Who Might Be Responsible for a Medication Error?

Depending on what happened, the doctor may not be the only person involved. Some cases start with a correct prescription that becomes harmful because of a problem later in the chain.

Responsibility may involve a prescribing doctor, a clinic or hospital system, or a pharmacy, depending on where the error occurred. For example, a doctor might prescribe an unsafe medication, or a pharmacy might dispense the wrong drug or include incorrect instructions. A careful review of records usually shows where the breakdown happened.

How Long Do You Have To File a Wrong Medication Lawsuit in Illinois?

Illinois has strict time limits for medical malpractice cases. Under 735 ILCS 5/13-212, many patients have two years from the time they knew, or should have known, that they were injured by medical negligence.

The timeline can get complicated when symptoms appear later, or when you only learn about the error after another doctor reviews your chart. Because deadlines can end a case even when the injury is serious, it helps to talk to a lawyer as soon as you suspect a prescription mistake.

What Should You Do if You Think the Prescription Harmed You?

When you are feeling sick or scared, it is hard to think about documentation. Still, a few steps can protect both your health and your legal options:

• Get medical care right away, especially if you have trouble breathing, swelling, chest pain, fainting, or severe confusion.
• Ask for a copy of your medication list and visit notes, and keep the prescription bottle and pharmacy paperwork.
• Write down when you started the medicine, when symptoms began, and what changed after you stopped or switched medications.
• Avoid blaming yourself or waiting for symptoms to "pass" if the reaction feels serious.

These steps help create a clear timeline, which can be important in malpractice cases.

Schedule a Free Consultation With Our Chicago, IL Medical Malpractice Attorneys

A wrong prescription can leave you angry, frightened, and unsure who to trust. At Winters Salzetta O'Brien & Richardson, LLC, our team draws on different professional experiences and works together to review the medical records, spot red flags, and test the case from more than one viewpoint. That kind of teamwork helps build a strategy aimed at protecting your family and pursuing accountability when the evidence supports it.

If you believe a doctor prescribed the wrong medicine and you were harmed, contact our Chicago, IL medical malpractice lawyers today. Call 312-236-6324 to schedule your free consultation.