Who Is Responsible For A Medication Error?
By Lewis Cobain. Last Updated 21st June 2023. Has a medication error caused you or a loved one harm? Did you know that all health care providers have a legal duty to ensure that they prescribe, administer and monitor medications correctly to patients in their care? If GP’s, hospitals or care homes fail to uphold these standards and it results in harming you, they could be liable to pay you compensation.
Medication error
Medication errors are a preventable risk. The consequences of incorrect prescriptions can be mild to life-threatening. Whilst you may have concerns about making a medical negligence claim we are here to put your mind at ease. If you would like to have a brief no obligation chat about your experience with a medication error today get in touch:
- Call and speak to our team on 0800 073 8804
- Connect by email or in writing at Legal Expert
- Use the ‘live support’ option to access free guidance right now
Select A Section
- Knowledge-Based Medication Errors
- Rules-Based Medication Errors
- The Consequences Of Medication Errors
- Medication Errors In Nursing And Other Areas Of Medicine – Gathering Evidence To Support Your Claim
- Do I Have A Claim For A Medication Error?
- Calculating Compensation For Medication Errors
- Contact Us To See If A No Win No Fee Solicitor Could Help You
Knowledge-Based Medication Errors
Medication errors can happen when a patient is given the wrong medication, the wrong dosage – maybe too high or low – given someone else’s medication by mistakes or not given any at all because of a negligent misdiagnosis. This in turn can effect the patient in different ways. They may not recover as they would have if they were given the right medication. Too high a dosage could cause them to overdose. However, a knowledge based medication error could happen because the prescriber failed to check if the patient was allergic to anything.
Administering penicillin without checking if the patient has an allergy to this type of medication could cause life changing injuries. It is vital that the medical professional checks for allergies when prescribing treatment.
Who Could Be Responsible?
Anyone who administers medical care as an NHS or private practitioner could be responsible if they make prescription errors. Therefore, it could be the fault of:
- Your GP
- The pharmacy or their assistants (who must follow legislation in the Medicines Act 1968 when prescribing drugs or selling certain over the counter medication)
- Hospital staff
- Care home staff
- NHS Nurses, GP or a doctor
- Private physicians or doctors
Rules-Based Medication Error
Rules-based errors can be split further into three subsections, misapplication of a good rule, application of a bad rule or failure to apply a good rule. For example, this could include:
- Choosing to administer an intravenous drug into the non preferred site
- Using excessive doses of a drug
In addition to this, action-based errors or ‘slips’ such as picking up the wrong bottle of tablets can occur. Memory-based errors can also be an issue if the health care provider simply forgets an important detail about a patient.
Who Could Be Responsible?
To hold a valid medical negligence claim against a healthcare practitioner or NHS trust you must be able to determine the criteria listed below:
- The healthcare practitioner owed you a duty of care
- Through failing to uphold profession standards they breached this duty of care
- This negligence caused you harm that could have otherwise been avoided.
The Consequences Of Medication Errors
When a patient is given the wrong drug or the incorrect dose of the right one, they can go on to suffer myriad health issues. As well as this, their root problem may go untreated. Consequences can therefore include:
- Skin problems, rashes, and irritation
- Nausea, diarrhoea, and vomiting
- Stomach pains and cramps
- Instability, balance issues, drowsiness
- Risk of falling (and fracturing a bone)
- Visual disturbances
- Mental health issues
- Internal bleeding problems
- Organ damage
- Anaphylactic shock
- In severe cases, death
Medication Errors In Nursing And Other Areas Of Medicine – Gathering Evidence To Support Your Claim
If you have suffered avoidable harm as a result of medication errors in nursing, you may wish to pursue a claim for medical negligence. However, you will need to provide evidence that can highlight negligence has occurred.
Some examples of the evidence that could be used to support your medical negligence claim include:
- Your medical records, which will include details about any medication you have been administered as well as any injuries or illnesses you have suffered.
- Any written correspondence that you have had with a medical professional or institution relating to the medication error.
- A diary detailing the symptoms you have experienced following taking the wrong medication.
- Evidence of any financial losses you have suffered due to the harm you suffered, such as bank statements or receipts.
Our expert No Win No Fee solicitors have experience with various types of medical negligence claims and could help you collect evidence to support your claim. Speak to our advisors today to see if you could be eligible to work with one of our solicitors.
Do I Have A Claim For A Medication Error?
There are specific criteria. For instance, generally you must begin your medical negligence claim with a three-year period. There are exceptions. The date when this time period begins might start from the day the wrong medication was given or it may be from the date your injuries were connected with the negligence. There are further exceptions for minors and those who do not have the mental capabilities to claim for themselves.
Proving fault on the part of a physician, doctor, nurse, or pharmacist is fundamental to making an eligible claim. With this in mind, you can request your medical notes from the NHS as a starting point. If your prescription was not properly in accordance with your needs and you became ill as a result, get in touch.
Importantly, if you are unsure whether your medication mix up means you are eligible to make a medical negligence claim why not call our team. They can provide you with free legal advice and information on what next steps you could take. There is no obligation for just getting in touch.
Calculating Compensation For A Medication Error
Compensation for a medication error can be calculated by looking at two types of damages. General damages use the results of an independent assessment to cross-reference with injuries listed in the guidelines from the Judicial College. This publication lists award brackets that acknowledge pain and suffering in personal injury or medical negligence cases. The following illustrates:
| type of injury | level of severity | Judicial College Guidelines award bracket | supporting notes |
|---|---|---|---|
| Psychiatric Damage Generally | Moderate | £5,860 to £19,070
|
Although there will have been a significant injury at the outset improvements will have been made. |
| Psychiatric Damage Generally | Less Severe | £1,540 to £5,860
|
The amount will be specific to how long daily activities will have been affected. |
| Injury Resulting from Brain Damage | Less Severe | £15,320 to £43,060
|
Mood and concentration issues that impact normal life. |
| Illness/Damage Resulting from Non-traumatic Injury | Severe (i) | £38,430 to £52,500
|
Acute pain, vomiting, fever and the need to be admitted to hospital. |
| Illness/Damage Resulting from Non-traumatic Injury | Serious (ii) | £9,540 to £19,200
|
Diarrhoea and vomiting for a period of 2 – 4 weeks. |
| Dermatitis and Other Skin Conditions | Serious (b) | £8,640 to £11,410 | Dermatitis of the skin (especially hands). |
| Kidneys | Serious (a) | £169,400 to £210,400
|
Damage of a serious nature to one or both kidneys. |
| Eyes | Minor (g) | £9,110 to £20,980
|
Permanent impaired vision, light sensitivity, double vision. |
| Wrist Injury | (d) | £6,080 to £10,350
|
Where the fracture takes longer to heal. |
The second calculation is taken from any proof you can offer that shows out-of-pocket expenses forced upon you by the medication error. Special damages use documented proof like receipts, wage slips, or invoices that show you suffered financially as well. For example, you may experience:
- A loss of earnings
- The need for domestic care
- Medical remedial treatments to put the problem right
- Travel costs
Evidence that supports proof that you needed to pay money out to cope with your injuries or illness can be included as part of your overall claim. Speak with our advisors to see what else you might qualify for or use our compensation calculator process.
Contact Us To See If A No Win No Fee Solicitor Could Help You
Get in touch with our team to find out how a No Win No Fee agreement could help you. At Legal Expert, we can connect you with our medical negligence specialists who could take up your case at no initial charge.
When a prescription error claim is successful, the solicitor deducts a maximum of 25% as their fee. If the case fails, there are no fees due to a No Win No Fee medical negligence solicitor at all. With this in mind, why not get in touch to start your claim today by:
- Calling and speaking to our team on 0800 073 8804
- Connect by email or in writing at Legal Expert
- Using the ‘live support’ option to access free guidance right now
A Medication Error – Related Insights And Articles
For more information about liability after a medication error, please refer to the resource below:
- More information about a common prescription errors.
- Further reading about compensation after medication negligence in a hospital
- Frequently asked questions about claiming compensation if you or a loved one received the wrong medication in a care home
- More reading on statistics about medication errors in the UK
- Also, learn what the Care Quality Commission does and why you may need to contact them.
- Lastly, find out who the NHS Resolution are.
- Cohens Pharmacy Wrong Medication Claims Guide
- Can You Sue For Prescription Errors By A Pharmacy?
- Paydens Pharmacy Wrong Medication Claims
- Day Lewis Pharmacy Wrong Medication Claim
Meet The Team
Our Top Legal Guides
