Can I Sue for Medical Malpractice If I Was Prescribed the Wrong Medication?

April 4, 2020

Thousands of people in America are affected by medical malpractice every year. In general terms, malpractice refers to when a healthcare professional harms a patient because of negligence. They act in a way that another reasonable professional in the same specialization would not. One study by Johns Hopkins University found that more than 250,000 people die because of medical errors annually. Many more survive but some are left with long-term injuries. Medical malpractice can take several forms, one of which is prescription errors. If you believe you were harmed because a doctor prescribed the wrong medication, you should contact a Georgia medical malpractice attorney.

Types of Medication Errors

Prescribing the wrong drug is more complex than it may at first appear. It’s not just recommending a medication that doesn’t work. Doctors can make several mistakes when prescribing drugs including:

  • Recommending the wrong dosage
  • Prescribing a drug for the wrong length of time
  • Prescribing a drug that contains ingredients to which an individual is allergic
  • Recommending medication that interacts dangerously with another drug an individual uses
  • Prescribing medication that will be harmful to the patient because of an underlying medical condition
  • Suggesting a drug that is ineffective and causes the patient’s condition to go untreated
  • Prescribing a drug without telling the patient what the manufacturer says about the risks and side effects

Seeking Compensation if You Were Prescribed the Wrong Medication

A lot goes into a medical malpractice case. If you have reason to believe your doctor was negligent, contact a Georgia medical malpractice lawyer as soon as possible. You will need help from an experienced attorney to help you file a lawsuit. Even if your situation seems simple, malpractice cases are usually quite complex. There are many legal and medical issues that require expert guidance. Furthermore, the medical professional, the facility where they work, and their insurer will mount a strident defense.

One of the most important aspects of getting compensation is identifying the right defendant. You may assume the doctor is responsible for the medication error, but this may not be the case. The drug may have been harmful because of a manufacturing defect. Or maybe, the drug was safe, and the doctor recommended the correct dosage but the nurse administering it made an error. Pharmacists can also fill a prescription incorrectly. In some cases, the patient is responsible and they can’t hold anyone else liable. You may have forgotten to mention an allergy to the doctor or failed to provide a complete medical history.

After you have identified the most appropriate defendant, you need to prove they were negligent. If the at-fault party was the doctor, your lawyer will assist you in establishing that:

  • There was an official doctor-patient relationship. This means the physician agreed to treat you and you consented to that treatment.
  • The physician was negligent. Your attorney will call on an expert witness to testify to this. The witness is usually a physician in the same field as the doctor in question. They will be asked to show how the doctor’s actions didn’t meet the established standard of care.
  • You suffered an injury. If the doctor made a medication error but you weren’t harmed in any way, you aren’t entitled to compensation. You will need to present evidence that you either developed a new health issue or your existing condition worsened.

How a Medical Malpractice Lawyer in Georgia Will Help You

Preparing a medical malpractice claim or lawsuit takes time so you need to act quickly. You need to give your lawyer enough time to collect evidence and build a strong case. In Georgia, you have two years from the date of the negligent act to file a lawsuit. Even if you only found out at a later date that you were harmed, the two-year statute of limitations remains. If you don’t take legal action within the stipulated deadline, you lose the right to claim compensation.  When you hire a lawyer, they will make sure you don’t miss any important deadlines.

Contact Joe Durham Jr. P.C if You Were Prescribed the Wrong Medication

If you’re looking for a medical malpractice law firm in Georgia, give the team at Joe Durham Jr. P.C. You deserve to get fair compensation if you were harmed because of a medical professional’s error. We have worked on several medical malpractice cases and you can be sure we’re up to the challenge of fighting for you. Malpractice cases are often complicated, but we have the experience, skills, and resources to help you. Schedule your free consultation today!