What Is a Medical Malpractice Case?

Harmed by a medication error in Georgia or South Carolina? Our medical malpractice attorneys pursue claims for wrong prescriptions, dosage errors, dangerous drug interactions, and pharmacy dispensing mistakes.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Key Takeaways

If you were injured in a medical malpractice in Georgia or South Carolina, the deadline to file a lawsuit is 2 years from the date of injury in Georgia (O.C.G.A. § 9-3-33) and 3 years in South Carolina (S.C. Code § 15-3-545). Both states follow a modified comparative negligence rule: Georgia lets you recover if you are less than 50% at fault (O.C.G.A. § 51-12-33), and South Carolina if you are less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)), with your award reduced by your percentage of fault either way. Roden Law represents injury victims in Georgia and South Carolina on a contingency fee: the consultation is free and there is no fee unless we win.

Medication Error Claims in Georgia & South Carolina

Medication errors harm an estimated 1.5 million Americans each year, according to the U.S. Food and Drug Administration (FDA). These errors — which include prescribing the wrong medication, dispensing incorrect dosages, failing to check for dangerous drug interactions, and administering medication to the wrong patient — can cause severe adverse reactions, organ damage, and death. In hospital settings, medication errors are one of the most common types of preventable medical harm.

At Roden Law, our medication error lawyers represent patients across Georgia and South Carolina who are injured by negligent prescribing, dispensing, or administration of medications. These cases may involve doctors, nurses, pharmacists, hospitals, and pharmaceutical manufacturers, and require careful investigation to identify all responsible parties.

Types of Medication Errors

Medication errors can occur at every stage of the medication process:

  • Prescribing errors: Wrong medication, wrong dosage, failure to account for allergies or drug interactions
  • Dispensing errors: Pharmacy provides the wrong drug, wrong strength, or wrong quantity
  • Administration errors: Wrong patient, wrong route (oral vs. IV), wrong timing, or wrong dose given by nursing staff
  • Monitoring errors: Failure to monitor drug levels, kidney function, or other parameters during treatment
  • Communication errors: Illegible prescriptions, confusing drug names, or incomplete medication reconciliation during transitions of care

Medication errors in emergency room settings are particularly dangerous due to the fast-paced environment and the frequency of multiple simultaneous medications. When medication errors cause fatal reactions, our medical malpractice death lawyers pursue wrongful death claims on behalf of the family.

Georgia & South Carolina Legal Requirements

Medication error claims are a form of medical malpractice and are subject to the same procedural requirements. In Georgia, the plaintiff must file an expert affidavit under O.C.G.A. § 9-11-9.1 identifying the specific negligent act. South Carolina requires a Notice of Intent to File Suit and expert opinion under S.C. Code § 15-79-125.

Claims against pharmacies may also involve negligence theories separate from medical malpractice, depending on whether the error is classified as a professional or commercial act. Georgia’s statute of repose (O.C.G.A. § 9-3-71) imposes a 5-year outer deadline for medical malpractice claims.

Identifying Liable Parties

Multiple parties may be responsible for a single medication error:

  • The prescribing physician who failed to check drug interactions or patient allergies
  • The pharmacist who dispensed the wrong medication or incorrect dosage
  • The nurse who administered the medication to the wrong patient or via the wrong route
  • The hospital whose systems failed to catch the error through automated safety checks
  • The pharmaceutical manufacturer if confusing packaging or labeling contributed to the error

Our attorneys review electronic health records, pharmacy logs, medication administration records (MARs), and automated dispensing system data to trace the error to its source and hold all negligent parties accountable.

Damages from Medication Errors

Medication errors can cause a range of harm, from allergic reactions and organ damage to overdose, coma, and death. Victims may recover compensation for all medical expenses related to treating the adverse reaction, hospitalization costs, lost income, pain and suffering, long-term organ damage or disability, and future medical monitoring needs. Contact Roden Law for a free consultation — there is no fee unless we win your case.

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What to Do After Suspected Medical Malpractice

  1. Request your complete medical records in writing. From every provider and facility involved, not just the one you suspect. Ask for the full file including imaging, nursing notes, and orders. In a malpractice case the records largely are the case.
  2. Keep getting treatment — ideally from someone new. Your health comes first, and a second opinion may catch something correctable. A gap in treatment is also one of the first things a defense expert points to when arguing an injury was not serious.
  3. Write down what happened while you still remember it. Dates, who you saw, what you were told before and after, and who else was in the room. The written record is authored entirely by the other side; your account is not.
  4. Do not accept waived bills or a free corrective procedure in exchange for signing. It is a common offer. It is also sometimes paired with paperwork that ends your claim. Read what is attached, and have it reviewed before you sign it.
  5. Be careful with risk management and insurance adjusters. Those calls are documented and they are not made for your benefit. You are not required to give a recorded statement before speaking with an attorney.
  6. Do not assume a bad outcome is — or is not — malpractice. Medicine carries known risks, and a poor result on its own proves nothing. The question is whether the care fell below the accepted standard, and usually only a qualified medical expert can answer it.
  7. Contact an attorney early — the pre-suit requirements are slow. Georgia requires an expert affidavit filed with the complaint (O.C.G.A. § 9-11-9.1), and South Carolina requires a Notice of Intent to File Suit with an expert affidavit followed by mandatory mediation (S.C. Code §§ 15-79-125, 15-36-100). Locating the right expert and obtaining that opinion routinely takes months, and Georgia's deadline is two years. Roden Law offers free consultations.

The Rules That Apply

  • In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33).
  • In South Carolina, you have 3 years (S.C. Code § 15-3-545).
  • Georgia — Modified Comparative Fault: You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.
  • South Carolina — Modified Comparative Fault: You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

How negligence, compensation, deadlines and fault work: Medical Malpractice Lawyers →

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

Recent Case Results

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

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If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.