The short answer: A prescription error claim is a medical malpractice case that arises when a doctor, hospital, pharmacy, or nursing home makes a medication mistake that harms a patient. To recover, you generally have to show that a provider fell below the accepted standard of care, that the mistake caused real harm, and that you suffered damages because of it. In South Carolina, these claims have strict deadlines and special pre-suit steps, so it helps to talk to a lawyer early.
Learning that a medication mistake hurt you or someone you love is frightening and often infuriating. You trusted a doctor, a pharmacist, or a care facility, and a preventable error made things worse instead of better. Now you may be facing new health problems, growing medical bills, and many unanswered questions. Briggs Law Group helps Charleston families figure out what went wrong and whether they have a claim. The first consultation is always free.
In this article, our Charleston medical malpractice lawyer discusses:
– How prescription and medication errors happen.
– How nursing home medication errors differ from hospital errors.
– What you have to prove in a prescription error claim.
– South Carolina’s filing deadline and pre-suit requirements.
– How Briggs Law Group can help.
How Do Prescription And Medication Errors Happen?
Medication errors can occur at any stage, from the moment a drug is prescribed to the moment it reaches the patient. Common mistakes include:
– Wrong drug, sometimes because two medications have similar names.
– Wrong dose, giving too much or too little, which is especially risky for children and older adults.
– Dangerous drug interactions, when a new prescription reacts badly with something the patient already takes.
– Pharmacy dispensing mistakes, such as filling the wrong prescription, mislabeling it, or giving incorrect instructions.
The harm can be serious, including allergic reactions, organ damage, overdose, a worsening of the original illness, or death. When a preventable mistake causes that kind of harm, you may have grounds for a prescription error claim.
If a medication mistake has hurt you or a loved one in the Charleston area, contact Briggs Law Group for a free consultation.
How Are Nursing Home Medication Errors Different From Hospital Errors?
They often involve different individuals and different failures, even though both are forms of medical negligence. Knowing where the mistake happened helps identify who may be responsible.
Hospital and physician prescribing errors
In a hospital or doctor’s office, errors usually trace back to the prescribing decision itself. A physician might order the wrong drug, overlook a known allergy, ignore a patient’s other medications, or write an unclear order that leads to a dosing mistake. Staff and safety systems are supposed to catch these problems before they reach the patient.
Medication errors in nursing homes
Medication errors in nursing homes tend to happen while drugs are being administered to residents. Understaffing, poor recordkeeping, and insufficient training can cause missed doses, double doses, or medications given to the wrong resident. Because many residents are frail and take several prescriptions, these mistakes can quickly turn dangerous.
What Do You Have To Prove In A Prescription Error Claim?
You generally have to prove three things: a deviation from the standard of care, causation, and damages.
The first is showing that the provider fell below the accepted standard of care, meaning they did something a reasonably careful provider would not have done. The second is causation, showing that the error itself caused the harm rather than an unrelated condition. The third is damages, the real losses you suffered, such as medical bills, lost income, and pain and suffering.
This is also why settlements for a wrong prescription vary so much. The clearer the link between the mistake and a serious injury, the stronger the case tends to be. No attorney can promise a specific result, and every case is different.
How Long Do You Have To File A Claim In South Carolina?
Not long, and the clock may already be running. Under South Carolina’s medical malpractice statute of limitations, S.C. Code Ann. § 15-3-545, an action must be commenced within three years from the date of the treatment, omission, or operation, or three years from the date of discovery, not to exceed six years from the date it occurred. Missing this deadline can permanently bar your claim.
These cases also carry pre-suit requirements that ordinary injury claims don’t. Under S.C. Code Ann. § 15-79-125, before filing suit, you must file a Notice of Intent to File Suit along with an affidavit of an expert witness. That affidavit has to specify at least one negligent act or omission and the factual basis for the claim. The parties then take part in a mediation conference, generally within 90 to 120 days of serving the notice. Helpfully, filing the Notice of Intent to File Suit tolls, or pauses, the applicable statutes of limitations.
These steps are detailed and easy to get wrong. Call Briggs Law Group at 843-242-0282 to make sure your claim is protected.
How Briggs Law Group Can Help
Medication error cases are among the more complex medical malpractice claims because they require untangling medical records, provider decisions, and the exact chain of events that caused harm. Briggs Law Group focuses on medical malpractice and serious injury cases and understands the medical and emotional weight these situations carry. Contact Briggs Law Group, located at 78 Ashley Point Dr, Suite 201 in Charleston, for a free consultation, and you won’t owe attorney’s fees unless the case succeeds.
Frequently Asked Questions About Prescription Error Claims
Is a prescription error always medical malpractice?
No. A mistake becomes a valid claim only when a provider fell below the standard of care, and that failure caused real harm. If an error didn’t cause an injury, there generally aren’t damages to recover.
Who can be held responsible for a medication error?
Depending on the facts, a physician, hospital, pharmacy, pharmacist, or nursing home may share responsibility. Part of the work in a prescription error claim is identifying every provider whose mistake contributed to the harm.
How much are settlements for a wrong prescription?
There’s no set figure. Settlements for a wrong prescription depend on the severity of the injury, the strength of the evidence, and the losses involved, such as medical costs and lost wages. Past results do not guarantee future outcomes, and every case is different.
What does it cost to talk to a lawyer?
Nothing upfront. Briggs Law Group offers free consultations and handles these cases on a contingency fee basis, so you don’t pay attorney’s fees unless the case succeeds. Contact Briggs Law Group in Charleston to discuss your situation.