Defending Against Medication Errors in Missouri
How Nurses Can Protect Their Licenses When Facing Allegations of Drug Administration Mistakes
Medication errors are one of the most common reasons nurses in Missouri face disciplinary action from the Missouri State Board of Nursing. Even when an error is unintentional, the consequences can be significant—ranging from public censure and mandatory retraining to license suspension or revocation, especially when patient harm occurs.
Whether the mistake involves administering the wrong dosage, giving medication to the wrong patient, or failing to document properly, these cases are taken seriously by the Board. Understanding the legal landscape surrounding medication errors—and how to build an effective defense—is critical for any Missouri nurse facing this type of allegation.
Why Medication Errors Are a Serious Legal Issue in Missouri
Under the Missouri Nurse Practice Act (Missouri Revised Statutes Chapter 335), nurses are legally required to adhere to standards of safe and competent practice. A medication error may be classified as:
- Negligence or incompetence
- Unprofessional conduct
- Failure to conform to minimal standards of acceptable nursing practice
These allegations can trigger a formal investigation by the Missouri State Board of Nursing, and if a violation is found, disciplinary action may follow. Even isolated mistakes, when perceived as preventable or due to inattention, can lead to professional consequences.
In addition to Board discipline, medication errors can also expose nurses to:
- Employer discipline or termination
- Malpractice lawsuits
- Loss of hospital credentialing or access
- Damage to professional reputation
Common Types of Medication Errors in Missouri Nursing Cases
Nurses are expected to comply with the “Five Rights” of medication administration: the right patient, right drug, right dose, right route, and right time. Failing to meet any of these can result in a reportable incident.
Some of the most frequently reported medication errors in Missouri include:
- Administering the wrong medication due to look-alike/sound-alike drug names
- Giving an incorrect dosage or route (e.g., IV instead of IM)
- Overlooking allergies or contraindications
- Administering medications without a valid physician order
- Failing to document medication administration accurately or timely
- Giving medication to the wrong patient due to identification mistakes
- Misinterpreting physician handwriting or electronic orders
- Failure to monitor or follow up after administering a high-risk medication
Even experienced nurses can make errors, especially when working under stressful or understaffed conditions. Unfortunately, in many cases, the Board may still pursue discipline—even if there was no intent to harm the patient.
How the Missouri State Board of Nursing Investigates Medication Errors
If a facility, patient, or co-worker reports a medication error to the Board, the Missouri State Board of Nursing will launch an investigation. This process typically includes:
- A formal notice of complaint sent to the nurse
- A request for a written response, usually due within 30 days
- Review of medical records, MARs (Medication Administration Records), and incident reports
- Interviews with supervisors, pharmacists, or other staff
- Evaluation of the nurse’s prior disciplinary history or performance reviews
The Board is not limited to reviewing only the incident at hand—they may review the nurse’s overall conduct, history of similar events, and whether appropriate steps were taken to correct or report the error.
Potential Disciplinary Actions for Medication Errors
If the Missouri State Board of Nursing finds that a nurse committed a medication error in violation of state law or standards, possible consequences include:
- Private or public reprimand
- Probation with terms such as supervision or CE in pharmacology
- License suspension or revocation
- Mandatory participation in a remediation program
- Referral to the Missouri Alternative Program (if substance use is involved)
- Reporting to the National Practitioner Data Bank and NURSYS
These actions become part of the nurse’s permanent record and may affect licensure in other Nurse Licensure Compact (NLC) states.
Legal Defenses Against Medication Error Allegations
Every case is different, but several effective legal strategies may help protect a nurse’s license in a medication error case:
Lack of Intent or Malice
Most errors are unintentional. Demonstrating that the mistake occurred despite an otherwise strong record of safe practice may support a reduced penalty or dismissal.
Systemic Failures or Contributing Factors
Hospitals and facilities sometimes lack adequate support systems, such as barcode scanning, staffing, or clear protocols. Showing that the error was partly due to employer failings or unclear instructions may help lessen individual blame.
Procedural Compliance
If you followed policy, received a valid order, or had reason to believe the action was correct, this can help show that you acted within your scope and judgment—even if the outcome was flawed.
Documentation Inconsistencies
Sometimes the Board’s case relies on faulty or incomplete documentation. Proving inconsistencies or gaps in the evidence can cast doubt on the complaint.
Corrective Measures
Taking immediate corrective action, such as reporting the error, monitoring the patient, and undergoing additional training, can help show professionalism and responsibility.
An experienced Missouri nursing license defense attorney can evaluate your case and determine the most appropriate defense strategy based on the evidence and facts.
Why Legal Representation is Critical
Responding to a medication error complaint without legal counsel is a mistake. Your statements, even if well-meaning, can be misunderstood or used to support discipline.
At Sanger Law Office, LLC, we help Missouri nurses respond effectively by:
- Crafting detailed and strategic written responses to the Board
- Collecting evidence to support your version of events
- Representing you during the investigation and at hearings
- Negotiating alternative resolutions, such as remedial training instead of suspension
- Appealing disciplinary decisions, when necessary
We focus on protecting your license and limiting the long-term impact on your career.
Call Danielle Sanger For a Free Consultation
If you’ve been accused of making a medication error in Missouri, don’t face the Board alone. Your career and future are too important to leave to chance. Let us help you build a strong defense and protect the license you’ve worked hard to earn.
📞 Call Sanger Law Office, LLC today for a free consultation:
(816) 520-8040 for Missouri
(785) 979-4353 for Kansas
We’re here to stand by your side, defend your license, and help you move forward.