Atlanta Medication Error Lawyer

Medications help us in many ways — from relieving chronic pain to treating serious medical conditions. When doctors prescribe medications, they must be incredibly precise regarding the medication type, the dosage strength, and the instructions for intake.

If a doctor committed an error while prescribing your medication, he or she committed an act of medical malpractice. You may be eligible for compensatory damages, and the Atlanta medication error attorneys at Hilley & Frieder, P.C. will guide you through each step of the process. Call us today for a free case evaluation.

Why Choose Us

• Our injury attorneys have secured millions of dollars in settlements for our clients, proving our dedication to your maximum possible recovery.
• With over 35 years of experience in medical malpractice and personal injury law, we have developed the relationships, skills, and knowledge necessary to build a compelling case in your favor.
• Our firm and attorneys are the recipients of multiple awards and prestigious professional memberships, including the Multi-Million Dollar Advocates Forum.

Common Causes of Prescription Errors

Prescription errors may occur for a number of reasons, from understaffing to poor communication and carelessness. However, these mistakes can have severe consequences, such as overdose risk, worsening illness or injury, and even death.

You may fall victim to a prescription error in a number of ways:

• Your doctor may prescribe the wrong dosage or medication altogether.
• You may receive prescriptions for different drugs that are dangerous when you take them at the same time.
• Your pharmacist may not give you the correct medication.
• Your doctor may fail to warn you of the risks and side effects of your medication.
• Your doctor may fail to assess your history of prescription drug use.

These actions can be extremely dangerous, depending on the nature of the error and the types of drugs involved. You can experience permanent internal organ damage, risk overdose, or suffer an allergic reaction. You may also risk life-threatening complications, such as cardiac arrest.

Any healthcare worker can commit a prescription error, including pharmacists, doctors, and nurses. Your Atlanta prescription error attorney will help you identify the cause of the prescription error so you know who to name in your lawsuit.

Are You Entitled to Compensation for Prescription Drug Errors?

In Georgia, a medical malpractice lawsuit can be brought for a prescription drug error if certain elements exist. In general, there must be evidence that a physician, nurse, pharmacist or another party acted in a way that was negligent or fell short of the required standards of care within the medical industry. If this is what led to the prescription drug error and the victim’s injury, there will be grounds for a medical malpractice claim.

The elements required for a medication error claim are:

1. A duty of care owed by the defendant (allegedly at-fault party). A duty of care is a legal or ethical obligation to act with a certain level of care. The medical industry has strict standards of care that must be followed by all medical professionals when treating patients – including prescribing and administering medications.
2. A breach of the duty of care. The defendant must have breached, violated or fallen short of the applicable duty of care. The act or omission in question must be something that a reasonably prudent person wouldn’t have done under the same or similar circumstances. This can be referred to as medical negligence or medical malpractice, depending on the extent of the tort.
3. Causation. There must be evidence linking the defendant’s breach of the duty of care with the injury or illness suffered by the plaintiff. Many courts use the “but for” test: if the injury would not have happened but for the defendant’s negligence, the defendant can be held liable.
4. Damages. The victim must have suffered specific losses due to the medication error. Without compensable losses, there is no reason for a victim to file a claim, even if there is proof of medical malpractice.

If you or your lawyer can show clear and convincing evidence of these four elements, you will most likely be eligible for financial compensation for the losses that you suffered. The compensation available for a prescription error will often cover the victim’s additional medical bills, lost wages, pain and suffering, attorney’s fees and out-of-pocket costs connected to the tort. If it can be proven that a case involves gross negligence or wanton and willful conduct by the defendant, punitive damages may also be awarded to punish the wrongdoer.

Results of Medication Errors

Millions of patients rely on their medications to survive. The impact that a medication error has on a patient can be catastrophic. Medication mistakes have been known to cause severe illnesses, side effects, drug interactions and allergic reactions. Some medication errors lead to a patient receiving a drug that is dangerous for him or her, others withhold a drug that is medically necessary for a patient, and still others do both. In any of these scenarios, the impact suffered by a victim can be immense. A medication error can have life-changing consequences, such as:

• Fatal anaphylactic shock from an allergic reaction to the drug.
• A dangerous or deadly adverse interaction with an existing drug in the patient’s system.
• Severe patient injury or wrongful death.
• An overall decline in the patient’s health.
• Organ damage or organ failure.
• Respiratory failure.
• Cardiovascular problems and cardiac arrest.
• Paralysis (temporary or permanent).
• A drug overdose or underdose.
• Harmful drug-disease interactions.
• Failure to treat the patient’s underlying medical condition.
• Mental, emotional and psychological trauma.

It is critical for health care providers to use proper care when prescribing, ordering, dispensing and monitoring medications. Any lapse in judgment or care can result in a patient being given a drug that is dangerous for him or her – as well as failing to receive the correct drug that he or she needs to recover from an injury or illness. If a medication error leads to a severe injury or patient death, a victim or the victim’s family can file a related lawsuit in Atlanta in pursuit of justice and financial compensation.

How Long Do You Have to File a Prescription Error Lawsuit?

You have two years from the date of the prescription error to file your medical malpractice lawsuit. If you do not file your claim within this time period, the court will dismiss your claim and you will lose your chance at collecting compensation.

There are some exceptions to this rule, known as the statute of limitations. You may not be aware of the malpractice until a later date; in these situations, you have up to five years from the date of the malpractice to file your claim. Speak to a medical malpractice lawyer at Hilley & Frieder, P.C. to ensure that you meet your filing deadline.

Contact Our Prescription Error Attorneys Today

You deserve to receive your medical prescriptions without any errors — and if a medical professional gives you the wrong dose or even the wrong medication, you can face serious physical, emotional, and financial consequences.

The medication error lawyers at Hilley & Frieder, P.C. can help. We will fight aggressively on your behalf, using the full power of our firm’s resources to investigate, negotiate, and advocate for your maximum possible recovery.

Contact Hilley & Frieder, P.C. today to schedule a free consultation and learn more about the medical malpractice lawsuit process.