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My Doctor Gave Me the Wrong Medicine. Can I Sue for Medical Malpractice in Atlanta?

Home » FAQ » My Doctor Gave Me the Wrong Medicine. Can I Sue for Medical Malpractice in Atlanta?

Medical malpractice affects thousands of Americans annually and it can take varying forms.  In any case, it involves a healthcare professional who harms a patient through negligence. A negligent doctor acts in a way another equally skilled professional wouldn’t. Prescription errors are one type of Atlanta medical malpractice. If you believe you have suffered because of a doctor’s negligence in Atlanta, you should contact an attorney.

Types of Medication Errors Which an Atlanta Personal Injury Lawyer Sees

Doctors can make several mistakes when prescribing medicine. It’s not simply prescribing a drug that won’t help your condition. Examples include:

  • Prescribing the wrong dosage
  • Having the drug prescribed for the wrong length of time
  • Prescribing a medication which contains ingredients to which the patient is allergic
  • Having a drug prescribed which interacts dangerously with another drug the patient is taking.
  • Prescribing medication which will harm the patient because of their underlying medical condition
  • Having a medication prescribed which is ineffective and therefore, leaves the patient’s condition untreated
  • Prescribing a drug without passing on the manufacturer’s warning about the risks and side effects

Seeking Compensation for Medical Malpractice

If you were harmed because a doctor prescribed the wrong medication, you can seek compensation. You will need an experienced personal injury lawyer to help you to file a lawsuit. Even if the case seems straightforward at first, Atlanta medical malpractice lawsuits usually become quite complex. There are numerous medical and legal considerations that the average person won’t be able to handle alone.

It is important to identify the right defendant. While you may blame the doctor, medication errors can occur at any point in the supply chain. A drug manufacturer may make a dangerous product, or a nurse may administer the wrong drug or dosage. A pharmacist may fill the prescription incorrectly. Even the patient can be at fault. You may have neglected to inform the doctor about your allergies or provide an accurate medical history. In such situations, you may not be able to hold the doctor liable.

Proving Negligence

As with all personal injury cases, you will have to prove the defendant was negligent. Your attorney will, therefore, seek to establish that:

  1. You and the doctor had an official doctor-patient relationship. This means you must prove the physician agreed to treat you and you consented to treatment.
  2. The doctor was negligent. Your attorney will ask an expert witness to testify. That witness is usually a physician in the same field as your doctor. They will show the court how the doctor’s actions didn’t meet the established medical standard of care. This is the level of care a health care professional with the same training and experience would provide under similar circumstances.
  3. You suffered an actual injury. This is important. If the doctor made a medication error but you were not harmed, you can’t seek compensation. You will need to prove you developed a new health problem or your existing condition became worse.

How an Atlanta Personal Injury Attorney Will Help You

If you believe you suffered harm after being given the wrong medication, you need to contact a lawyer. You should do so as soon as possible since it takes time to prepare for court. Furthermore, Georgia has a strict statute of limitations in place surrounding medical malpractice lawsuits.

You have two years to sue the doctor. Some states allow two years from the date you learn or suspect malpractice occurred. However, Georgia doesn’t follow what is known as the “discovery rule”.  You, therefore, have two years from the day the negligence occurred even if you only discovered it later. If you try to file a lawsuit after this time, the case will be thrown out. If you hire a lawyer, they will ensure that your case is filed in time.

Contact The Bethune Law Firm to Discuss Your Case Today! 

If you need Georgia personal injury attorneys, reach out to us for help. We have experienced attorneys who have worked on several Atlanta medical malpractice cases. If you were harmed because of a doctor’s negligence, you deserve to receive compensation.

Medical malpractice is one of the most complicated and challenging types of personal injury cases. However, we are up to the task. We will devote the necessary time and resources to your case to ensure you get the compensation you deserve. You can trust that we are well versed in the standards of care to which medical professionals should adhere. All you need to do is contact us today to schedule a free consultation (800)-465-8733.

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