Could You Claim For Harm Caused By Medical Drug Errors?

In this guide, we will explore the different types of medical drug errors that could have been caused by medical negligence. If you have experienced harm as a result of a medical drug error that was caused by medical negligence, you may be eligible to claim. Our guide will explore the process of claiming and the evidence you may need to provide in support of your claim.

Medical drug errors claims guide

Furthermore, we understand the process of claiming may seem complex. For this reason, you may find it beneficial to hire an experienced solicitor to help you seek compensation.

However, if you’re apprehensive about the cost of hiring legal representation, this guide will provide information on solicitors who offer No Win No Fee services. This means you will pay no upfront fee for their services.

Although we have aimed to cover the information you need, you may still have questions after reading. If so, please don’t hesitate to contact our team on the details below:

• Telephone: 0800 073 8804  
• Online form: Send us your query by filling out our online contact form
• Live chat: Speak with an advisor using the live chat feature below

Select A Section

1. What Are Harmful Drug Errors?
2. How Do Harmful Drug Errors Occur?
3. Why Do Dangerous Drug Errors Occur?
4. Could I Be Eligible To Claim Compensation?
5. How Are Damages For Drug Errors Calculated?
6. Make A No Win No Fee Claim

What Are Harmful Drug Errors?

There are various types of medical drug errors that could occur if a medical professional fails to uphold the duty of care they owe their patients. They could also cause various types of harm, including:

• Drug allergic reaction
• Internal organ failure or damage
• Loss of consciousness
• Symptoms of a harmful drug reaction, which are often caused by taking two types of medication that are not suitable to be taken together.

The severity of the harm you sustained may vary depending on several factors such as the medication and dosage you ingested.

If you have experienced a similar type of harm as a result of negligence, please get in touch with our team to find out if you could make a claim for the harm you sustained.

How Do Harmful Drug Errors Occur?

All medical professionals owe their patients a duty of care. However, if they fail to uphold the duty of care it could result in incidents of negligence that cause medical drug errors. Below we look at the different ways medication errors could potentially occur: 

• Adverse drug reaction: Sometimes taking two different types of medication together could cause harmful reactions in the body. However, a doctor may have prescribed you two types of medication that shouldn’t be taken together at the same time. As a result, you may have experienced additional harm and had your pre-existing condition made worse.
• Wrong prescription: A pharmacist may have taken the wrong medication off the shelf when processing your prescription. As a result, you may have ended up taking a medication that wasn’t suitable for you due to another known condition you had.
• Wrong medication: A doctor may have incorrectly diagnosed you despite you exhibiting symptoms of a certain condition. As a result, they may have prescribed you the wrong medication causing you avoidable harm.
• Wrong dosage: A doctor may have prescribed your child an adult dosage of a certain medication causing them to experience symptoms of an overdose.

There are many other drug errors that could result in you receiving the wrong medication or prescription. If you’d like to discuss your specific case in more detail, please get in touch on the number above.

How Often Do Medication Errors Happen?

The British Medical Journal published a report on the prevalence and clinical and economic burden of medication errors in England. The report found that there were an estimated 237 million errors with medication each year. Additionally, the errors cost the NHS an estimated £98,462,582. Furthermore, they:

• Caused 712 deaths
• Contributed to 1,708 deaths

The report also found that medical drug errors that did occur happened throughout various stages of the medication process, including:

• Administration
• Prescribing
• Dispensing

Why Do Dangerous Drug Errors Occur? 

Every medically trained professional has a responsibility to provide their patients with a minimum standard of care to prevent them from sustaining avoidable harm.

However, there are some instances where a medical professional may provide care that falls below the expected standard. As a result, a patient may experience additional harm or harm that could have been prevented.

This could involve incidents where medical drug errors have been made when prescribing, dispensing or calculating the dosage of medication.

However, it’s important to note that there are drug errors that aren’t the result of medical negligence. Furthermore, if there was an error with the medication you received but you did not suffer harm, you wouldn’t be able to claim compensation.

Could I Be Eligible To Claim Compensation?

Experiencing a medication drug error relating to medical negligence would not be enough to make you eligible to claim compensation. You would have to have suffered additional or preventable harm as a result of a medical professional providing care that didn’t meet the expected standard. 

If your claim holds validity, you could take further steps to build a strong case. For instance, you could gather medical evidence to provide details on the harm you sustained. This could include:

• Doctor records
• Hospital records
• Prescriptions

As part of the medical negligence claims process, you will also attend an independent medical assessment to produce a full and current report on the extent of the harm you sustained.

Whilst medical evidence is important in showing the level of harm you experienced, the Bolam test may also be considered. This is a process that involves a group of medical professionals trained in a relevant field assessing your case. They will look at whether you received an adequate standard of care.

Also, you may find it beneficial to hire an experienced medical negligence solicitor to help you through the stages of your claim. For instance, they could help you gather relevant evidence and arrange for you to attend a medical appointment in your local area.

For more information on how a solicitor could help you claim, call our team on the number above.

How Are Damages For Drug Errors Calculated?

For successful claims, your compensation payout will include an award for the psychical or psychological harm you sustained. This is awarded under general damages and will take into account several factors, such as:

• Severity
• Future impact
• Impact on your quality of life

Medical evidence may be used to provide a more detailed picture of the harm you sustained. Additionally, a publication known as the Judicial College Guidelines (JCG) may also be considered when valuing your injuries. The publication provides bracket compensation amounts for different injuries at varying levels of severity.

We have used figures from the JCG in the table below. However, you should only use them as a guide because the actual settlement you receive will depend on factors unique to your case.

Alternatively, you could use our compensation calculator to get an estimate of how much your claim is worth. However, you should still only use the figure as a guide because settlements do change on a case by case basis. 

Could I Claim Back Any Additional Costs?

Special damages is another head of claim that you may be entitled to. These seek to provide compensation for monetary losses you have experienced as a direct result of the harm you experienced. For example:

• Loss of earnings
• Prescriptions 
• Travelling costs
• Cost of care assisting you with day to day duties

It is important to keep proof of these expenses for future reference as you can use them to prove any financial losses you experienced.

For more advice on what you could claim back under special damages, speak with our advisors by calling on the number above.

Make A No Win No Fee Claim

All our solicitors offer a  No Win No Fee service. When you call up our expert advisors will assess your medical negligence claim for free. They could even evaluate any evidence you have managed to gather yourself. But do not worry too much about the evidence because our solicitors can do all that for you at no up front cost to you.

When you work with us for your for medical drug errors claim you will not be asked to pay an upfront free for your solicitor to start working on the case. 

 Also, there will be no costs to pay during the course of your claim.

If you have a successful claim, you would pay a success fee out of the compensation you are rewarded. This fee is subject to a legal cap. However, if you were to make a claim and your claim happened to lose, there would be no success fee to pay your solicitor.

A solicitor has the experience and knowledge needed to ensure that you claim for all the damages you have suffered. Once a claim is settled you cannot go back and ask for more so it is vital you get it right the first time around.

For more information and advice on starting your claim, please contact our advisors on the details below:

• Telephone: 0800 073 8804  
• Online form: Send us your query by filling out our online contact form
• Live chat: Speak with an advisor using the live chat feature below

Latest Articles And Resources

We have provided some additional medical negligence guides below.

• Time Limits For Medical Negligence Claims
• How Hard Is It To Prove Medical Negligence
• Private Hospital Medical Negligence

We have also provided some external resources that could provide further information.

• For more information on what to expect from your doctor, visit the General Medical Council website.
• Visit the Care Quality Commission to learn more about the fundamental standards of care you may be owed when accessing health and social care services in England.
• See the NHS Resolution report on medication errors.

We hope this guide on medication drug errors has helped. However, if you have any questions about making a medical negligence claim for the harm you sustained, call our team. They can provide further information.