Last Updated 29/07/2025. This article uses a penicillin medication error case study to help demonstrate when you may be eligible to begin a claim for medical negligence. Penicillin is one of the antibiotics that can be used to prevent or treat bacterial infections. However, a medication error could harm a patient and may, in certain circumstances, be considered medical negligence.
In this article, we will discuss the duty of care that medical professionals owe to their patients. We will also look at the criteria for making a penicillin-related medical negligence claim. Later in the article, we provide information about how compensation payouts may be calculated in medical negligence claims.
Keep reading to learn more. Additionally, one of our friendly advisors could give you further guidance and assess whether you could be eligible to start a claim. To benefit from free advice:
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- Call 0800 073 8804.
- Contact us online.
- Begin a live chat with one of our advisors.
Select A Section
- Could I Claim For A Penicillin Medical Error?
- Penicillin Medication Error Case Study
- How To Prove A Penicillin Medication Error
- Compensation Payouts For A Penicillin Medication Error
- How Can Legal Expert Help Me Claim For A Penicillin Medication Error?
- Start A No Win No Fee Medication Error Claim
- Learn More About Medication Error Claims
Could I Claim For A Penicillin Medical Error?
To claim for a penicillin medication error, you must be able to show that the mistake occurred because a healthcare practitioner breached the duty of care they owe you and that it caused you harm that the right level of care would have avoided.
All healthcare professionals owe their patients a duty of care, which means they must provide a minimum standard of care. If they don’t provide this, and a patient suffers an unnecessary or avoidable form of harm, this is an example of medical negligence.
A penicillin-related medication error could involve:
- Prescription errors. If a GP doesn’t account for other medications you’re currently taking or allergies recorded in your medical records, you could suffer an allergic reaction or an adverse response as a result of this.
- Dispensing errors. Pharmacy prescription errors may mean you receive the medication you require at higher or lower dosages than prescribed. Alternatively, you could receive the wrong medication entirely.
- Wrong route medication errors. If a doctor prescribes you oral antibiotics, but a nurse administers them intravenously, you may receive too much or too little of the medication. This could result in an overdose or insufficient treatment of your condition.
Contact our friendly team of advisors if you can show you received a substandard level of care from a healthcare professional.
Time Limits To Claim After Medical Negligence
There are time limits set out in the Limitation Act 1980 that show how long you have in which to start a claim for the avoidable harm caused by a wrong patient medication incident. This limit is:
- Three years from the incident date.
- Three years from your date of knowledge. This is the date at which you realised medical negligence caused the harm you experienced.
There are some exceptions to these time limits; for example, when medical negligence affected a child or an adult without the capacity to claim. If you have questions about these exceptions, or if you’re uncertain whether you’re eligible to claim, contact our helpline.
Penicillin Medication Error Case Study
The following case study highlights how a penicillin medication error could cause unnecessary harm to a patient, possibly even resulting in death.
An 80-year-old man was taken to hospital after a fall. He reportedly told the ambulance crew that he was allergic to penicillin and, due to this, they placed a red wristband on his wrist in accordance with NHS patient safety standards for individuals with allergies. This man also reportedly informed the staff in A&E of his allergy when the ambulance arrived. A note of this was purportedly made on his medical chart.
During his stay, he was injected with a derivative of penicillin. This reportedly caused an allergic reaction “within seconds”. The patient died three days after the error occurred.
Source: https://www.bbc.co.uk/news/uk-england-devon-22696401
How To Prove A Penicillin Medication Error
A penicillin medication error will not automatically constitute medical negligence. This is because you would need to establish that a healthcare professional breached their duty of care and that this failure led to avoidable or unnecessary harm.
In order to show the harm you experienced was caused by medical negligence, you can provide different types of evidence. For instance, you could produce:
- Medical evidence. This could include medical records, prescription records, and the results of an independent medical assessment. If you work with one of our lawyers, then they could arrange for this to happen in your local area.
- Witness contact details. These individuals could provide a statement if they witnessed you receiving a substandard level of care from a medical professional.
- Financial information. Evidence of your financial losses may help support your claim for special damages, which we will discuss in the following section.
If you still have questions about beginning a claim for medication negligence, speak to one of our team members. They can provide legal insight into the merits of your potential claim.
Compensation Payouts For A Penicillin Medication Error
A successful claim for a negligent penicillin medication error could result in a payout that involves up to 2 heads of claim. These are called special damages and general damages.
General damages are intended to compensate you for the pain and suffering you experience due to a negligent medication error. This award accounts for the factors relating to your case, including:
- How severely you were harmed
- How the harm impacted your quality of life
If this harm resulted in financial loss, then you may be able to claim for such costs under special damages. Legal professionals typically use the Judicial College Guidelines (JCG) to assist them in valuing general damages. This publication outlines suggested compensation brackets for different types of harm an individual could experience.
We have used certain brackets from this publication to create a table below. Please use this table only as a guide, as the JCG cannot account for your unique circumstances.
Compensation Table
We must also emphasise that the first row in this table was not taken from the JCG.
| Type of Harm | Severity | Guideline Compensation |
|---|---|---|
| Very Severe Harm as well as Financial Damage (e.g. Cost of Therapy) | Very Severe | Up to £1,000,000 + |
| Brain Damage | Very Severe | £344,150 to £493,000 |
| Moderately Severe | £267,340 to £344,150 | |
| Moderate (i) | £183,190 to £267,340 | |
| Kidney Damage | Loss of/Serious Permanent Damage to Both Kidneys (a) | £206,730 to £256,780 |
| Total Loss of Function (b) | Up to £78,080 | |
| Bowels | Faecal Urgency and Passive Incontinence (c) | In the Region of £97,530 |
| Digestive System - Non-Traumatic | Severe Toxicosis (i) | £46,900 to £64,070 |
| Serious But Short Lived (ii) | £11,640 to £23,430 | |
| Significant Discomfort from Allergic Reaction (iii) | £4,820 to £11,640 |
Special Damages And Medication Error Claims
Special damages are intended to reimburse you for costs and financial losses caused by medical negligence. For instance, this head of claim could help you recoup:
- Loss of income
- Loss of future income, if you cannot return to work
- The cost of buying prescription medications
However, it’s important to note that you would need to have proof of these financial losses. For instance, you could provide work payslips demonstrating that you lost income or bank statements that show how much you spent on medications.
One of our advisors could speak with you about the special damages you could be entitled to. Speak with a member of our team today to find out more.
How Can Legal Expert Help Me Claim For A Penicillin Medication Error?
Legal Expert can help you claim for a penicillin medication error by offering a professional, confidential, and tailored service. We don’t believe that “one size fits all” when it comes to seeking compensation and take the time to understand your specific circumstances in order to provide you with the best services possible.
Here are just some of the ways we can support you during the penicillin negligence claims process:
- Organising an independent medical assessment to determine exactly what harm has been caused.
- Ensuring you can access any medical treatment, specialist care, or rehabilitative services you require.
- Keeping you informed of all developments during your claim and explaining all the technical legal terminology you encounter.
- Helping you gather a strong body of evidence and using that proof to establish a compelling case for compensation.
- Communicating with your healthcare provider’s representatives on your behalf.
- Negotiating a final settlement and representing you in any dispute resolution sessions, such as a mediation.
As you can see, there are many things we can do to assist your claim for penicillin medical negligence. However, these highlighted services are just a snapshot of what one of our solicitors can do for you. For more information about the medical negligence claims process or to get a free eligibility assessment, get in touch with us today using the details provided below.
Start A No Win No Fee Medication Error Claim
A medical negligence solicitor may be able to help you claim compensation for a penicillin medication error. For instance, they can help you gather evidence to demonstrate you received a substandard level of care from a medical professional. Furthermore, they can represent you during the claims process.
At Legal Expert, our solicitors may be able to work with you under the terms of a Conditional Fee Agreement (CFA). This particular kind of No Win No Fee arrangement allows you to draw upon their expertise without upfront or ongoing charges for solicitor fees. Additionally, the terms of a CFA typically mean that you won’t have to pay these fees if your claim fails.
Instead of ongoing payments, your solicitor would take a success fee if your claim wins. This is a percentage of your compensation, capped by The Conditional Fee Agreements Order 2013.
Talk To Our Team
Please get in touch if you have questions about the claims process. One of our advisors can provide legal insight into the merits of your potential claim. If they feel you meet the eligibility requirements, they could connect you with one of our No Win No Fee solicitors.
This consultation is free. Furthermore, it can take place whenever is most convenient for you. Several methods are available to get in touch with our team, so contact them today to learn more about the process of claiming for the harm caused by a penicillin medication error. For more information:
- Call 0800 073 8804
- Contact us online by completing a callback form.
- Begin a live chat with one of our advisors
Learn More About Medication Error Claims
We have included further resources about medication errors below:
- Find out more about medication error claims
- See if you could claim if you were harmed by medication calculation errors
- A guide to Pregabalin wrong medication claims
More information about this topic:
- General Medical Council (GMC) – Deciding If It Is Safe To Prescribe
- UK Government – An overview of Statutory Sick Pay
- NHS – Medicines Information
We hope this guide has provided useful information about claiming for a negligent penicillin medication error.
Written by Jeffries
Edited by Finley/Stocks
