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.