In towns across Mississippi—from Jackson to Gulfport, from Southaven to Hattiesburg—families trust pharmacies and healthcare professionals with their loved ones’ lives. But when a pharmacy error turns deadly, that trust can be shattered in an instant. A wrong dose, a misread label, or a failure to catch a dangerous drug interaction can cost a life. When that happens, the law in Mississippi does provide a path to justice.
I’m Jonathan Barrett, a Mississippi wrongful death attorney who has represented grieving families throughout our state for decades. At Barrett Law, PLLC, we understand how devastating it is to lose a loved one because of a preventable medical error, especially one as seemingly routine as a prescription mistake. We’ve seen how a single act of negligence by a pharmacy, nursing home, or hospital can change a family forever.
In this article, I’ll walk you through how Mississippi law treats fatal medication and pharmacy mistakes, who can bring a lawsuit, how damages are calculated, and what your next steps should be if you suspect your loved one died because of a medication error.
How Deadly Pharmacy and Medication Errors Happen in Mississippi
Pharmacy mistakes don’t just happen in big-city hospitals. They occur in local drugstores, nursing homes, mail-order pharmacies, and even in rural clinics. Common types of fatal medication errors include:
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Dispensing the wrong drug
A patient receives a medication with a similar name or packaging to the correct drug (e.g., clonidine instead of Klonopin). -
Incorrect dosage
A 10x overdose of a heart or blood pressure medication can stop the heart. Even a small error can be fatal with certain drugs. -
Failure to catch drug interactions
Pharmacists are trained to catch conflicts, like a dangerous combination of opioids and benzodiazepines, but some errors go unflagged. -
Ignoring allergy warnings or patient instructions
Failing to review the patient’s known allergies or documented conditions can result in a fatal reaction. -
Errors in nursing homes or assisted living facilities
Understaffed or untrained employees may mix up residents’ medications or give them to the wrong person altogether.
Sadly, these cases often involve the most vulnerable—children, the elderly, or patients with chronic illnesses—who rely on others to get it right.
Real-World Example: Wrong Drug Leads to Mississippi Lawsuit
A well-known case involved a Mississippi woman who was prescribed a heart medication but was instead given methotrexate—a chemotherapy drug that is deadly in even slightly elevated doses. After experiencing mouth sores, nausea, and fatigue, she was hospitalized. Tragically, she died just days later.
Her family filed a wrongful death lawsuit, alleging the pharmacy mislabeled the bottle and failed to verify the prescription. The jury awarded the family substantial damages after evidence showed the pharmacy did not follow standard verification procedures.
What Is a Wrongful Death Lawsuit in Mississippi?
Under Mississippi Code § 11-7-13, a wrongful death claim can be brought when someone dies due to the “wrongful, negligent, or intentional act” of another person or entity. That includes pharmacies, doctors, nurses, nursing homes, and even large healthcare corporations.
In the case of a fatal medication error, the parties potentially liable may include:
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The pharmacy or pharmacist
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The prescribing doctor or nurse practitioner
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A hospital or clinic
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A nursing home or long-term care facility
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A medication manufacturer (if labeling or packaging contributed to the error)
The lawsuit seeks to compensate the victim’s family for their losses and to hold the negligent party accountable.
Who Can File a Wrongful Death Lawsuit in Mississippi?
Mississippi law allows the following people to file a wrongful death claim:
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The surviving spouse
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A parent or child of the deceased
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A sibling of the deceased
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The estate’s personal representative
If multiple people are eligible to file, they may file jointly or have a representative appointed by the court.
What Compensation Is Available in a Fatal Pharmacy Mistake Case?
In a Mississippi wrongful death case involving a medication or pharmacy error, damages can include:
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Medical bills and final healthcare costs
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Funeral and burial expenses
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Loss of financial support
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Loss of companionship or parental guidance
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Mental and emotional suffering
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Pain and suffering of the deceased before death
In some cases, punitive damages may be available if the conduct was reckless or grossly negligent—for example, if a pharmacy repeatedly ignored safety checks.
Common Fatal Medication Errors in Nursing Homes
Nursing home residents are especially at risk. Errors may occur due to:
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Staff fatigue or insufficient training
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Poor record-keeping of medication charts
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Mislabeling or incorrect storage of drugs
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Failure to monitor residents after administration
Many wrongful death lawsuits involving nursing homes center on medication mismanagement—particularly with blood thinners, sedatives, insulin, or opioids.
Federal Oversight of Pharmacies and Nursing Homes
Federal agencies such as the FDA (Food and Drug Administration) and CMS (Centers for Medicare and Medicaid Services) set strict guidelines for medication safety, especially in nursing homes. When a provider fails to meet these standards, civil liability often follows.
How Long Do You Have to File a Wrongful Death Claim in Mississippi?
In most cases, Mississippi law gives you three years from the date of death to file a wrongful death lawsuit. However, if the case involves a government entity (such as a county-run hospital), shorter deadlines may apply—sometimes just one year.
This is why you should act quickly. Delays can destroy your right to compensation.
What Families Should Do After a Fatal Pharmacy or Medication Error
If you suspect a loved one died due to a medication error, here are some important steps to take:
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Request medical records – Get full records from the hospital, pharmacy, and prescribing physician.
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Preserve evidence – Keep the medication bottle, labels, receipts, and any warning information.
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Contact a wrongful death lawyer – Time is critical. An attorney can launch an immediate investigation.
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Avoid speaking to insurers alone – Statements made without legal advice can hurt your case.
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Document everything – Write down what you remember and gather contact information for witnesses.
Why Families Across Mississippi Trust Barrett Law, PLLC
At Barrett Law, PLLC, we have helped countless families uncover the truth after a fatal error. Our firm works with medical experts, pharmacists, and investigators to get answers.
We represent families statewide—from Oxford and Olive Branch to Biloxi and Brandon. Whether your loved one died in a hospital, nursing home, or at home after filling a prescription, we are prepared to hold the responsible party accountable.
Frequently Asked Questions About Mississippi Wrongful Death Claims for Fatal Medication Errors
Can I sue a pharmacy in Mississippi for giving my loved one the wrong medication?
Yes. If the pharmacy’s error directly caused or contributed to the death, a wrongful death lawsuit may be appropriate. You’ll need to prove negligence and causation—something an attorney can help you investigate.
What if the doctor prescribed the wrong drug—can they be held liable too?
Absolutely. If a prescribing error led to a fatal outcome, the physician or nurse practitioner may be responsible. Liability could also be shared between the doctor and pharmacy.
Do nursing homes have special legal protections in Mississippi?
No. Nursing homes must comply with both state and federal care standards. When they fail and someone dies, they can be sued like any other healthcare provider.
Can I bring a case if my parent was elderly or already sick?
Yes. Even if your loved one was in poor health, they had a legal right to receive correct medication and care. The wrongful death claim focuses on the cause of death, not age or health status.
How do I prove a medication error happened?
Proof may include medical records, autopsy results, pharmacy logs, and expert opinions. An experienced wrongful death attorney will help gather and analyze this evidence.
What’s the difference between medical malpractice and wrongful death?
Malpractice refers to the act of negligence by a medical provider. A wrongful death claim is brought by the family when that malpractice causes death. They often go hand in hand.
Can the pharmacist be criminally charged?
Possibly. In rare cases of gross negligence or intentional misconduct, pharmacists may face criminal consequences. However, most families pursue civil lawsuits for damages.
What if the mistake happened at a chain pharmacy like Walgreens or CVS?
Large corporations can absolutely be held accountable. In fact, chain pharmacies are frequently sued for systemic safety failures and employee negligence.
Do I have to go to court?
Not always. Many wrongful death claims are resolved through settlement. But we prepare every case as if it’s going to trial, so your case is strong at every stage.
What if the death happened months ago—can I still file?
You may still be within the statute of limitations, which is generally three years. Speak to an attorney right away to protect your rights.
Have You or Your Loved One Suffered a Fatal Accident in Mississippi?
Call Mississippi Wrongful Death Lawsuit Attorney Jonathan Barrett 24/7/365 at (601) 790-1505 for Your FREE Consultation
At Barrett Law, PLLC, we represent families who have lost loved ones due to fatal pharmacy mistakes, medical negligence, and nursing home errors. We are proud to fight for justice in Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, Brandon, and every corner of Mississippi.
Jonathan Barrett Fights for Mississippians – Call 24/7/365 at (601) 790-1505 to Receive Your FREE Consultation
Whether your loss was caused by a local pharmacy, a nursing home, or a hospital system, we are here to help your family uncover the truth, hold the responsible party accountable, and pursue full compensation under Mississippi law. Let us fight for justice while you focus on healing.
