Understanding Georgian Pharmaceutical Law:

Standards of Care, Statutes of Limitations

SLIPPING THROUGH THE CRACKS Though most drugs marketed towards patients must pass rigorous trials and undergo several rounds of medical testing, unethical, highly illegal events sometimes lead to the distribution of harmful pharmaceuticals and medical devices. Below is a brief overview explaining what, in the State of Georgia, constitutes Pharmaceutical Law and the legal ramifications of prescribing Dangerous Drugs -- and what steps you can take if you have been a victim.

IN THE NEWS Though dangerous drug prescriptions and overdoses, whether accidental or intentional, have been happening for decades in the United States and other countries, but in recent years, according to an article in the Times Free Press, deaths from dangerous drugs have dramatically increased. The article states that while in 2010, 18 woman died every day from an overdose of prescription medication -- a 400% increase from 1999. The reasons for the enormous increase? Negligence on the part of doctors, to be sure, (many of whom illegally received compensation from pharmaceutical companies for pushing their pills) but also because more people these days are on prescription medications than have been in the past. Taking medication has become normal in the United States -- and though many are aided by their pills, dangerous, potentially life-threatening side effects (as well as the addictive nature of certain drugs) often go un-or-under-explained by the medical professionals who prescribe them.

IN GEORGIA Dr. Rick Allen, the director of the State of Georgia Drugs and Narcotics Agency, says in the same Times Free Press article that, whether in the streets or in the doctors office, illegal distribution of dangerous drugs is on the rise. Statistics from the GDNA show that, " 86 percent of the state's 729 deaths in 2010 due to overdose were the result of prescription drugs or a combination of prescription and illegal drugs." Since 2009, the number of deaths from dangerous drugs increased by 10%. Seen as an enormous personal and medical crisis in the state of Georgia, the governor Nathan Deal signed the Georgia Pain Management Act in an attempt to regulate places who prescribe potentially dangerous drugs. Since then, there has been much political action that has continued to attempt to curb the prescriptions of dangerous drugs -- and to help save lives.

WHAT IS PHARMACEUTICAL LAW?

A sort of meeting point between marketing regulations, intellectual property, public policy, and medical regulation, Pharmaceutical Law covers pharmaceutical companies, the government, and, for our purposes, customers and consumers who have been harmed by the medications they've manufactured. Inadequate testing, insufficient warnings or explanations of possible side effects, poor or illegal dosages given by medical professionals, labeling that omits or conceals ingredients or interactions, and nearly limitless other issues that can arise from pharmaceuticals, all fall under the umbrella of pharmaceutical law.

DANGEROUS DRUG DAMAGES IN GEORGIA

Damages, or the amount of money you can receive as a result of injury or death from dangerous drugs, can be varied in Georgia and in other states. In Georgia, you may be entitled to Compensatory Damages, which, as the name suggests, provides compensation for medical bills and lost wages incurred as a result of severe injuries or illness as a result of the drugs you were prescribed. Non-economic Damage is monetary compensation as a result of pain and suffering. Finally, Punitive Damages may be awarded to you as a form of punishment (and as a way to scare other medical professionals off of doing the same thing) where the doctor who gave you the drugs is held personally financially responsible for illness or injury caused to the patient. Under Georgia Law, punitive damages are only awarded to the victim if irrefutable proof is found, such as willful misconduct, fraud, and/or malice on the part of the doctor.

PHARMACY ERRORS As the pharmaceutical and drug industry grows and several new medications arrive on the market every month, meaning that pharmacies make more and more mistakes when filling prescriptions. If incorrect numbers, strengths, or brands (for example, a generic being substituted for a bigger name company's pills) are given to a patient, dangerous drug laws are in effect.

MEDICATIONS AND OTHER DANGEROUS DRUGS

Popular and well-known forms of birth control, acne medication, heart regulating pills, and addictive painkillers are familiar to professionals in the dangerous drug law practice. As stated, both the doctor responsible for distributing the drugs and the manufacturer of the medication can both be held professionally and financially responsible for damages under Georgia law. Under the Federal Food, Drug, and Cosmetic Act, any drug requiring a prescription to obtain it could be classified as a dangerous drug. However, it is important to note that additionally, a dangerous drug can be defined as anything that has been defined as such by the General Assembly, including salts, isomers, esters, ethers, etc., that essentially serve the same functions and contain chemical properties and/or side effects similar to pharmaceutical, prescription drugs. A full list of such products is available on legal sites, and is quite extensive. Under very rare circumstances, certain drugs or substances and chemicals that have been defined as such by the General Assembly, may be exempt from the classification of a dangerous drug. It is important to consult with a representative or a trusted medical representative if you have specific questions as to which drugs and substances are on the exemption list.

TAKE CARE TO TAKE CARE If you are receiving medication, it's important to educate yourself as much as possible regarding the safety, possible side effects, and interactions that the drugs you are on could potentially cause. Do not be afraid to ask your medical professional questions that you may perceive as intrusive or embarrassing. Still, if you have been the victim of medical malpractice, negligence by a doctor, or disastrous results from pharmaceuticals, dangerous drug laws -- and their consequences -- may work in your favor.