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Is A Medication Error Considered Malpractice?

Open pill bottle with various colorful capsules and tablets spilled onto a reflective surface.

When you or a loved one goes to the hospital, you trust that the doctors and nurses will provide safe and effective care. You expect the right medications at the correct doses, carefully administered by professionals trained to protect your health. Unfortunately, this trust is sometimes broken when a medication error occurs. These preventable mistakes can cause serious medical malpractice injuries, prolong recovery, or even lead to death.

Behind these numbers are real people and families whose lives change forever because of avoidable negligence. Hospitals must be held accountable when they fail to provide the safe, evidence-based care that every patient deserves. If you or a loved one suffered harm due to a preventable medication error, you have the right to seek justice. Find out how to protect your rights by identifying medical error causes and knowing what steps to take next.

How does a medication error happen?

Medication errors can happen for many reasons, but they often stem from carelessness, miscommunication, or poor systems. The most common causes include:

1. Giving the wrong dosage

Imagine being given too much of a powerful drug or not enough to treat your condition. Both scenarios can cause serious harm. Overdoses can damage organs while underdosing can let a condition worsen. Children are especially vulnerable because calculating the right dose requires precise attention to their age and weight. Even a small mistake can put a child's life at risk.

2. Ignoring medication allergies

Hospitals must ask about allergies and make sure every doctor and nurse involved in your care knows about them. Overlooking this step can trigger severe allergic reactions that lead to dangerous complications. This simple failure can turn a routine treatment into a life-threatening situation.

3. Confusing similar-sounding medications

Some medications look or sound alike. A nurse might confuse "Celebrex," a pain reliever, with "Celexa," an antidepressant, if they’re rushing or not paying close attention. Without double-checking labels and prescriptions, patients can receive the wrong drug, which can lead to harmful side effects or no treatment at all.

4. Using the wrong administration route

Medications can be given in different ways—by mouth, injection, inhalation, or even under the tongue. The body reacts differently depending on how the medication is administered. Giving a drug the wrong way can cause unpredictable and dangerous reactions. For example, injecting a medication meant to be swallowed can cause serious harm. Hospitals must ensure staff follow the correct administration procedures every time.

5. Overlooking dangerous drug interactions

Many patients take several medications at once. Some drugs can interact dangerously with others. It’s the hospital’s responsibility to review a patient’s medications to avoid harmful combinations. Skipping this safety check can result in severe health complications that are entirely preventable.

6. Giving medication to the wrong patient

In a busy hospital, patients move in and out of rooms, and staff work long, stressful shifts. But that’s no excuse for giving medication to the wrong patient. This mistake can cause serious harm if a patient receives medication meant for someone else. Hospitals must enforce strict procedures to verify patient identities before administering any drug.

How do you prove a medication error?

Medical malpractice laws exist to protect patients when healthcare providers fail to deliver safe and responsible care. But filing a malpractice claim is not easy. You must prove that a medical professional made a preventable mistake and that this error directly caused your injury. This often involves collecting medical records, consulting expert witnesses, and building a detailed legal case.

Hospitals and insurance companies aggressively defend themselves against these claims. They may argue that your condition caused you harm or that their staff followed acceptable medical standards. These tactics can make it difficult for victims to prove their case.

To prove a medication error caused by negligence, you must establish four key elements: duty, breach, causation, and damages.

  • First, the healthcare provider must have had a duty to provide care, typically established through a doctor-patient relationship.
  • Second, the provider must have breached the standard of care by acting negligently or failing to act.
  • Third, this breach must have directly caused the patient’s injury or worsened condition.
  • Lastly, the patient must have suffered measurable damages, such as physical harm, emotional distress, additional medical expenses, or lost income.

Proving medical malpractice requires strong and specific evidence to support the claim. Key types of evidence include:

  • Medical records: Detailed documentation of your diagnosis, treatment, prescriptions, and medical history.
  • Expert testimony: An explanation from a medical expert on how the healthcare provider’s actions breached the standard of care and caused harm.
  • Witness statements: Testimonies from hospital staff, family members, or other witnesses who observed the care provided.
  • Photos and videos: Visual evidence of injuries or medical conditions resulting from negligence.
  • Documentation of damages: Bills, receipts, and records of lost wages to prove financial and emotional harm.

Injured due to a medication error in Georgia? You deserve justice!

If you or someone you love has been hurt because of a medication error, you’re likely feeling overwhelmed, frustrated, and unsure of what to do next. At Kurle Law, we understand how deeply these mistakes can affect your health, your finances, and your peace of mind. That's why our compassionate and experienced legal team is here to support you every step of the way. We’ve helped many families across Georgia hold negligent healthcare providers accountable, and in one case, we obtained a $250,000 settlement for the victim of a prescription error.

We believe that seeking justice shouldn’t add more stress to your life. That’s why we handle medical malpractice cases on a contingency fee basis—you won’t pay us anything unless we win your case. While you focus on healing, we’ll take care of the legal work. That includes gathering evidence, building a strong case, and fighting for the compensation you deserve. We'll also stand up to hospitals and insurance companies to protect your rights, even if it means going to trial.

Don’t wait to get the help you need. Contact us online or call our Decatur law office today for a free consultation. We’ll take the time to listen to your story, explain your potential legal options, and help you decide what’s best for you and your family. Let us be your voice for accountability.

"Jennifer is the most conscientious lawyer I know. The level of integrity with which she practices makes her highly respected by her clients and other members of the legal community. I highly recommend Jennifer for your most serious personal injury cases." - J.K., ⭐⭐⭐⭐⭐

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