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Medication Error Malpractice

Medications and pharmaceuticals play a crucial role in managing various health conditions, offering significant benefits when prescribed and administered correctly. However, the potential for harm escalates exponentially when errors occur in the prescribing, dispensing, or administration process. Such errors encompass a wide range of scenarios, including incorrect prescriptions, dosage miscalculations, medication interactions, and administration errors, among others. The ramifications of medication errors can be severe, ranging from adverse drug reactions and worsening medical conditions to life-threatening complications and even fatalities. Unfortunately, instances of medication errors are alarmingly common within healthcare settings, underscoring the importance of stringent safeguards and adherence to established protocols.

Physicians, pharmacists and nurses hold critical responsibilities in ensuring the safe and effective use of medications, and they can be held accountable for instances of medical malpractice involving medication errors. Legal liability may arise when healthcare professionals deviate from the standard of care expected in their respective roles, resulting in harm or injury to the patient. Factors contributing to medication errors may include inadequate communication between healthcare providers, insufficient patient education, failure to conduct proper medication reconciliation and system failures within healthcare institutions.

Mitigating Medication Errors: Legal Implications and Patient Safety Concerns

According to a major report released by the Institute of Medicine in 2006, errors in prescribing, dispensing, and administering medications result in sickness, injury or death for at least 1.5 million Americans annually. The findings of a panel of experts further underscore the prevalence of medication errors in hospitals, revealing that patients are subjected to an average of one medication error per day during their hospital stay. This alarming statistic highlights the urgent need for comprehensive solutions to enhance medication safety. The report emphasizes that many of these errors could be prevented through the adoption of electronic prescribing systems by physicians or the implementation of standardized bar-code systems in hospitals to verify and dispense medications accurately. Implementing such technological advancements could significantly reduce the incidence of medication errors and improve patient outcomes. Common errors include:

  • Doctors prescribing medications without considering potentially dangerous interactions with other drugs the patient is taking.
  • Nurses administering incorrect medications or doses via intravenous drips.
  • Pharmacists dispensing medication doses that differ from the prescribed amount, such as providing 100-milligram pills instead of the prescribed 50-milligram dose.

Physicians have a duty to make sure that the medications they order for their patients are appropriate and are given correctly. Likewise, hospitals, through their nursing staff, have a duty to make sure medications are appropriate and given as ordered by the physician. In addition, pharmacists and pharmacy staff are responsible for ensuring that medications ordered do not conflict with other medications a patient may be receiving and for filling prescriptions correctly. Unfortunately, these duties are often neglected and serious errors are made in prescribing and administering medications to patients.

Understanding Medication Errors

According to past studies, the Institute of Medicine panel found medication errors contribute to a significant number of preventable injuries and deaths annually across various healthcare settings:

  • At least 400,000 preventable injuries and deaths occur in hospitals each year.
  • More than 800,000 occur in nursing homes and facilities for the elderly.
  • 530,000 medication-related incidents affect Medicare recipients treated in outpatient clinics.

The report highlights that the actual number of medication errors and their associated consequences is likely much higher than reported. Beyond the documented cases, numerous instances of medication errors may go unreported or unrecognized, suggesting that the actual number of occurrences could be significantly higher.

In cases of medication-related medical malpractice, injured patients or their families may pursue legal recourse to seek compensation for damages, including medical expenses, lost wages, pain and suffering, and other losses resulting from the error. Additionally, legal action serves as a mechanism for holding negligent parties accountable and driving improvements in patient safety protocols.

Contact Burnside Law Firm To Discuss Your Medication Error Claim

It is imperative for individuals affected by medication errors to seek timely legal guidance from experienced medical malpractice attorneys who can assess the circumstances of the case, navigate the complexities of the legal system, and advocate for their rights effectively. By raising awareness, enforcing accountability, and implementing preventive measures, healthcare providers and legal professionals alike can work collaboratively to mitigate the prevalence and impact of medication errors, ultimately enhancing patient safety and well-being.

If you or someone you know has been injured by a medication error, call one of the attorneys at Burnside Law Firm LLP for a free initial consultation. Our attorneys have experience representing victims of medication errors and have access to expert consultants who can assist in evaluating your case. Contact our office in Augusta or Athens, Georgia, to speak to one of our medical malpractice attorneys.

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2919 Professional Pkwy

Augusta, GA, 30907

Phone: (706) 432-8320


325 North Milledge Avenue

Athens, GA, 30601

Phone: (706) 227-4264

We have recovered tens of millions in settlements and verdicts

The attorneys at Burnside Law Firm LLP have over 30 years of collective experience handling personal injury claims. Over that time, we have helped hundreds of injured people recover the compensation they deserve and need in order to begin putting their lives back together. This list is just a sample of the recoveries we have obtained for some of our clients here and during our time at our former firm, Burnside Wall LLP. Obviously, success in obtaining significant judgments and settlements for other clients is no guarantee of success in your case. Each case must be evaluated and handled based on the individual merits of that particular case. To discuss the facts of your case and learn more about your legal rights, contact one of the personal injury attorneys at Burnside Law Firm LLP for a free initial consultation.

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Meet The Team

Thomas R. Burnside III Personal Injury Attorney

Thomas R Burnside III

Thomas R. Burnside III is a personal injury lawyer who focuses his law practice on the representation of individuals who have suffered injury as a result of automobile collisions, trucking accidents, medical malpractice, work related accidents or other causes. With over 20 years of experience in personal injury law at both the trial and appellate court levels, Attorney Burnside has represented people with brain and head trauma...

Meet Thomas Burnside
Garon Muller Personal Injury Attorney

Garon Muller

Garon Muller is a trial lawyer who focuses his law practice on the representation of individuals who have been seriously injured or damaged through the negligence or recklessness of others, including automobile collisions, workplace injuries, premises injuries, or defective products. Before beginning his practice in the representation of injured individuals, Mr. Muller served the community as an Assistant District Attorney...

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Robert MacGregor

Robert MacGregor

Robert MacGregor is an experienced trial attorney licensed to practice law in Georgia and South Carolina. At the Burnside Law Firm, Robert devotes his practice to protecting the rights of individuals who have been injured because of someone else’s carelessness, negligence, or recklessness and represents those who have been injured in automobile collisions or tractor-trailer accidents; because of a slip and fall; and in other general negligence actions.

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Ashton Revollo

Ashton is a trial lawyer in Augusta, GA who focuses his law practice on the representation of individuals who have suffered serious injuries or damages due to the negligent or reckless conduct of others, including automobile wrecks, job-related accidents, unsafe premises, or defective
products. Before beginning his practice, Ashton obtained his J.D., at Emory University School of Law, where he gained valuable courtroom experience as an intern assisting the District Attorney for DeKalb
County. After his time at Emory, Ashton received experience as a trial attorney at a respected personal injury firm in Atlanta before moving to Augusta. Over the course of his career, Ashton has assisted deserving clients in recovering millions of dollars in injury cases throughout Georgia.

Meet Ashton Revollo

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After my car accident they helped me every step of the way! They were up front and answered any questions I had! They negotiated the insurance and got a higher settlement than was offered! I would definitely use them again!

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In November 2017, I was in a car accident and I decided to seek out legal assistance. I chose to go with Burnside Law Firm, LLP because of their five star rating. My inital consultation was with attorney, Mr. Garon Muller. I knew immediately that I wanted Mr. Muller to take my case. His professionalism and expertise in personal injury made my decision easy. Mr. Muller maintained his professionalism throughout my case. He kept me updated on a regular basis via telephone or email. He was always available to me when I call. I did not have to wait 24 hours to get a call back from him. I would greatly recommend Mr. Muller and the Burnside Law Firm, LLP.

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Burnside Law Firm is who you want to represent you. Mr. Muller came to our house for a free consultation without hesitation. He guided us and overcame every obstacle we encountered. He secured the maximum insurance limits for us and we couldn't be more happy. If you are injured, DO NOT attempt to recoup compensation without the expertise of a trusted, skilled and able law firm to be your voice. THANK YOU MR. MULLER!!!

Alexander Hughes

Garon Muller with Burnside Law Firm makes client satisfaction his priority. Mr. Muller made sure that I had a lucid understanding during every discussion. He never made a decision without my input and made me feel like we were partners. Garon Muller was very professional and push for the maximum dollar amount from the insurance company. Me and my family considered ourselves blessed to have been represented by Garon Muller with Burnside Law Firm. We highly recommend Garon Muller and Burnside Law Firm! Burnside Law Firm staff are exceptional and exceeded our expectations.

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I have known the Burnside family for many years. Recently Thomas was most helpful in getting my check following an auto collision. I highly recommend their firm.

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Very very good law firm. Went above and beyond to make things right. Highly reccomend.

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Burnside Law did what they said they would do. Garon Muller was great in communicating and looked out for my best interest in getting what was fair in my settlement. I would recommend Burnside to anyone.

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    2919 Professional Pkwy

    Augusta, GA, 30907

    Phone: (706) 432-8320


    325 North Milledge Avenue

    Athens, GA, 30601

    Phone: (706) 227-4264