Prescription drugs are supposed to help you get better, not send you to the hospital. But when a doctor prescribes the wrong medication or dosage, the results can be dangerous. Some people suffer allergic reactions or toxic side effects. Others experience organ damage, uncontrolled bleeding, or medical emergencies that never should have happened.
Can I sue a doctor for prescribing the wrong medication? In Georgia, doctors are liable when prescription mistakes cause harm. However, not every prescription error qualifies as malpractice. Knowing where the line is between a mistake and negligence is the first step in understanding your legal rights. Our experienced Georgia medical malpractice attorneys will explain what you should know about when doctors prescribe the wrong medication.
For a free, no-obligation consultation, please call (706) 354-4000 or send us an online message today.
How Do Prescription Mistakes Happen?
Doctors are supposed to take the time to get prescriptions right. That means reviewing medical records, checking for drug interactions, and ensuring the medication matches the condition. If a doctor prescribed the wrong dosage or drug, people can get seriously injured or even die.
Some of the most common prescription errors include:
- Misdiagnosis—prescribing medication for a condition a patient doesn’t have
- Wrong dosage—too much can cause toxic levels in the body, while too little may not work at all
- Incorrect drug—some medications sound alike, and a doctor’s quick handwriting can result in the wrong medication being prescribed
- Ignoring medical history—prescribing a drug that reacts badly with medications a patient is already taking
- Rushed decisions—writing prescriptions without double-checking records or symptoms
A single mistake can cause serious harm. A patient with a penicillin allergy could go into anaphylactic shock. A person on blood thinners could be given the wrong dose and suffer uncontrolled internal bleeding. These are not minor oversights—they are preventable failures that put lives at risk.
Proving Medical Malpractice for a Prescription Error
Prescription errors happen, but not every mistake qualifies as medical malpractice. Georgia law does not automatically hold doctors accountable for every medication mix-up—patients must prove that the doctor’s actions went beyond an accident and directly caused harm.
A valid malpractice case must establish three things:
- The doctor had a duty to prescribe medication safely
- The doctor acted negligently
- The error caused harm
For example, a doctor who prescribes penicillin to a patient with a documented allergy isn’t just making a mistake—they are ignoring medical records and putting the patient in danger. If a prescription dangerously interacts with another medication and the doctor fails to check for contraindications, that may also be considered negligence.
However, not every bad reaction qualifies as malpractice. Some medications carry unavoidable risks, even when prescribed correctly. A doctor may prescribe a drug that causes side effects, but if they reviewed the patient’s history, provided the proper dosage, and warned about potential risks, it may not be malpractice—even if complications occur.
Proving negligence in a malpractice case requires more than a patient’s testimony. Georgia law requires an expert medical opinion to confirm that a doctor’s actions did not meet the standard of care. A qualified medical professional must review the case and provide an affidavit explaining how the doctor’s error went beyond an understandable mistake. Without this testimony, the case cannot move forward.
Suing a Doctor for Prescribing Too Much Medication
Prescription errors don’t always involve the wrong medication. Sometimes the dosage is the issue. Some drugs require precise dosing, and too much can lead to serious complications. A doctor who prescribes excessive amounts of a medication or fails to monitor a patient properly may put them in danger.
So, when does overprescribing cross the line? Doctors are responsible for prescribing medications safely, adjusting dosages when needed, and monitoring patients for potential complications. When they fail to do this, patients can suffer preventable harm.
Consider a patient prescribed a medication with known toxicity risks. If the doctor increases the dose without medical justification, ignores signs of an adverse reaction, or fails to conduct necessary follow-ups, they may be liable for the outcome.
In another situation, a patient may be prescribed a drug that requires regular bloodwork to check for organ damage. If the doctor never orders these tests and the patient experiences serious complications, that negligence could form the basis of a malpractice case.
How Long Do You Have to File a Prescription Error Lawsuit?
Georgia law does not give patients unlimited time to take legal action after a prescription mistake. If a doctor’s negligence causes serious harm, the clock starts ticking the moment the injury occurs.
Most medical malpractice cases in Georgia must be filed within two years of the injury. However, if the mistake wasn’t discovered right away, the law allows up to five years from the date the prescription was written.
Exceptions exist, but they are rare. If a doctor knowingly concealed a prescription error, the deadline to file a prescription error lawsuit may be extended. If the mistake involved a minor, different time limits may apply. Wrongful death cases caused by prescription errors also follow separate filing rules.
BBGA Holds Negligent Doctors Accountable
Prescription errors should never happen, yet they put patients at risk every day. Suing a doctor for prescribing too much medication may be necessary when overprescribing leads to serious complications, including organ damage or overdose.
These cases are not about minor mistakes but about holding medical professionals accountable when their actions put lives in danger.
Not sure what to do if a doctor prescribed the wrong medication? Taking action now can protect your health and legal rights. Blasingame, Burch, Garrard & Ashley, P.C. has spent over 40 years standing up for patients across Georgia and the U.S. in medical malpractice cases. Call (706) 354-4000 or reach us online today for a free consultation to discuss your case.
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