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Can I Sue My Doctor For Prescribing Me The Wrong Medication In Georgia?


It is not uncommon for patients to complain that their doctors prescribed the wrong medication that caused them more harm than good. If this happened to you, you might have a valid medical malpractice claim against your doctor.

However, it is vital to consult with an Atlanta medication error lawyer to discuss your particular case and determine if you can sue your doctor for prescribing you the wrong drugs as part of your treatment.

Can You Sue a Doctor for Medical Malpractice if They Prescribed the Wrong Medication?

The short answer is, “Yes, you can.” However, you must be able to prove that:

  • you were seriously injured as a result of the actions of the doctor who prescribed you the medication, not someone else’s actions; and
  • the doctor deviated from the accepted standard of care when prescribing the wrong medication.

Often, it is difficult to determine liability in medical malpractice cases involving wrong medication. Other parties that may be held liable for medication errors include the pharmacist and the company that manufactured the drug.

That is why it is advisable to consult with a skilled medical malpractice lawyer to determine whether you can sue your doctor for prescribing you the wrong medication in Georgia.

What Do You Need to Prove to Sue a Doctor for Medical Malpractice?

If you are suing your doctor for a medication error – or any other medical mistake – you need to prove certain elements to pursue a successful medical malpractice claim in Georgia. You will need to prove the following four elements to sue your doctor for the medication error:

  1. A doctor-patient relationship
  2. The doctor deviated from the accepted standard of care when providing treatment
  3. You suffered actual harm as a result of the doctor prescribing the wrong medication
  4. The wrong prescription resulted in substantial damages such as medical expenses and lost wages, among others

How Long Do You Have to Sue Your Doctor for Prescribing Wrong Medication?

O.C.G.A. § 9-3-71 gives patients injured as a result of medical malpractice two years from the date of their injury (or death) to file a lawsuit against the negligent doctor or hospital. If you fail to bring a lawsuit within the time window, you will be barred from seeking compensation for your injury. In many cases, it is hard to tell when the time starts ticking to comply with the statute of limitations. For this reason, you should contact a skilled medical malpractice attorney to determine how long you have to sue your doctor for prescribing you the wrong medication.

Schedule a case review with our medication error lawyer Stacey Carroll by calling 404-816-4555.

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