Charleston Pharmaceutical Error Lawyers

A prescription error may qualify as medical malpractice if a pharmacist or other healthcare provider fails to meet the applicable standard of care and causes injury.

Examples include dispensing the wrong medication, providing an incorrect dosage, or failing to address a significant medication interaction.

South Carolina law includes pharmacists among the healthcare providers covered by its medical malpractice statutes. Depending on the claim, the case may require a Notice of Intent to File Suit, an expert witness affidavit, and pre-suit mediation under S.C. Code § 15-79-125.

Not every dispensing error automatically establishes malpractice. The circumstances, evidence of negligence, and resulting harm must be evaluated.

Hoffman Law Firm can help you understand whether a prescription error may support a medical malpractice claim, evaluate the circumstances of your injury, and explain your legal options for seeking accountability.

Medication errors in retail pharmacies and hospital settings can cause serious harm.

Depending on the circumstances, potentially negligent errors may include:

• Wrong medication: Dispensing a drug different from the one prescribed.
• Incorrect dosage or strength: Providing too much or too little medication.
• Incorrect label or instructions: Giving inaccurate directions about how or when to take a medication.
• Medication interaction or allergy: Failing to identify or appropriately address a significant drug interaction, documented allergy, or duplicate therapy.
• Hospital medication errors: Administering medication to the wrong patient, giving an incorrect dose, or making an error when preparing or administering intravenous medication.

The South Carolina Pharmacy Practice Act establishes requirements for prescription review and medication safety. Resources from the Institute for Safe Medication Practices (ISMP) and the U.S. Food and Drug Administration (FDA) also provide information about medication errors and safety risks.

Whether an error supports a legal claim depends on the applicable standard of care, whether the error caused injury, and the available evidence.

Hoffman Law Firm can help investigate how a medication error occurred, identify potentially responsible parties, and assess whether the available evidence supports a claim for injuries or other losses caused by the error.

1. Seek medical guidance: If you experience severe symptoms or believe you may be in immediate danger, call 911 or seek emergency care. For possible medication poisoning or an overdose, contact Poison Help at 1-800-222-1222 or visit Poison Help.
2. Keep the medication and packaging: Preserve the bottle, label, remaining medication, packaging, and receipt when safe to do so. Do not take another dose until a qualified healthcare professional advises you what to do.
3. Save relevant records: Keep your prescription information, pharmacy receipts, medication lists, discharge paperwork, and communications with the pharmacy or prescribing provider.
4. Document what happened: Record when you took the medication, the amount taken, symptoms experienced, and any treatment received.
5. Consider reporting the error: You can submit a complaint to the South Carolina Department of Labor, Licensing and Regulation (LLR) for review by the appropriate licensing board.

The deadline depends on the type of claim and the parties involved.

South Carolina generally requires medical malpractice actions covered by S.C. Code § 15-3-545 to be filed within three years of the treatment or occurrence, or three years from when the injury was discovered or reasonably should have been discovered, subject to a six-year limit from the occurrence.

Special rules may apply to particular claims, including claims involving government entities, minors, or other circumstances.

Claims involving government-operated facilities may be subject to the South Carolina Tort Claims Act, which has separate deadlines and procedural requirements. Do not assume that every claim against a public healthcare facility follows the same timeline.

Because filing deadlines can affect your ability to seek compensation, consult a South Carolina attorney promptly if you suspect a prescription error caused harm.

Hoffman Law Firm can help review the timeline of the prescription error and resulting injury, assess which filing deadlines may apply, and explain the steps that may be necessary to preserve your right to pursue a claim.

Responsibility depends on how the error occurred and the role of each person or organization involved.

• Pharmacist: A pharmacist may be responsible for negligent prescription review, dispensing, counseling, or other professional duties.
• Pharmacy technician: A technician’s conduct may contribute to an error. The circumstances and applicable supervision requirements help determine responsibility.
• Pharmacy or corporate owner: A pharmacy business may be liable for employees’ negligence under applicable legal principles. Separate claims may be possible if the business’s own policies, training, staffing, or procedures contributed to the error.

South Carolina’s Pharmacy Practice Act, including S.C. Code § 40-43-86, establishes requirements involving pharmacist supervision, prescription review, and medication safety.

A pharmacy error does not automatically make every employee or corporate owner legally responsible. The evidence must establish the applicable legal basis for liability and a connection between the conduct and the injury.

Hoffman Law Firm can help investigate the circumstances of the error, evaluate the roles of the pharmacist, pharmacy staff, and business, and determine which parties may be legally responsible for the resulting harm.

The appropriate court depends on the facts of the case, the location of the claim, the parties involved, and applicable venue and jurisdiction rules.

• Charleston County: A qualifying state-law civil claim may be filed in the Court of Common Pleas for the Ninth Judicial Circuit.
• Berkeley and Dorchester counties: The proper county and circuit depend on the applicable venue rules and circumstances of the claim.
• Federal court: Some cases may qualify for federal jurisdiction, but a pharmacy’s out-of-state headquarters or the amount claimed does not automatically mean a lawsuit will be heard in federal court.

The South Carolina Judicial Branch provides information about the state’s court system. An attorney can help determine the correct venue and whether any pre-suit requirements apply.

Hoffman Law Firm can help assess where a pharmacy liability claim should be filed, identify applicable procedural requirements, and explain the legal steps involved in pursuing accountability for medication-related injuries.

Reporting requirements depend on the type of facility, the nature of the error, and the rules that apply to the healthcare provider.

Patients and family members can submit complaints about pharmacists, pharmacies, or other regulated professionals through the South Carolina Department of Labor, Licensing and Regulation. The appropriate licensing board may review allegations of violations of professional standards, state law, or regulations.

A regulatory complaint and a civil injury claim serve different purposes. The licensing process may investigate professional conduct or result in disciplinary action, but LLR does not award monetary compensation to injured patients. A person seeking compensation for medical expenses, lost income, or other damages may wish to consult an attorney about a potential civil claim.

Hoffman Law Firm can help you understand the difference between filing a regulatory complaint and pursuing a civil claim, evaluate whether the medication error may support a legal case, and explain potential options for seeking compensation for your injuries and related losses.

Medication errors may result from any of the following:

• Negligence
• Distraction 
• Hurrying
• Poor motivation
• Vengeance
• Carelessness

“Standard of care” refers to the degree of skill and caution that a medical provider (with similar knowledge and training to the defendant) would exercise under similar circumstances. Proving that a healthcare professional breached the standard of care is essential in a medical malpractice lawsuit. 

Just because a suggested treatment did not have the desired effect does not constitute medical malpractice. If the healthcare professional acted in a manner akin to the average provider in a similar situation, they cannot be held liable – even if the patient’s medical outcome is unfortunate.