Have you suffered unnecessary harm due to a prescription error caused by a medical professional failing to provide the correct standard of care? You could be eligible to start a medical negligence claim. We understand that many people want to know how to get started or what is involved in the claims process. That is why we have created this medication error claims guide to break down the key information and make things more straightforward.
We start by outlining the eligibility criteria for starting a claim and the different factors that can influence how much compensation someone might receive. Additionally, we explain how medical error compensation can help support you and take the next step in your recovery process.
Furthermore, we explore how medication errors can occur and the impact they can have on those affected. Then, we detail how to start a claim and what evidence you might need. Finally, we outline how one of our experienced medical negligence solicitors could support you and help secure compensation.
At any point while reading our guide, you can get in touch with our team for free, no-obligation advice. Get started by:
- Calling us on 0800 073 8804
- Enquiring online
- Using the live chat pop-up box
Frequently Asked Questions
- Who Can Make Medication Error Claims?
- How Much Medication Error Compensation Could I Get?
- What Can Compensation Help With After A Prescription Error?
- How Do Medication Errors Happen?
- What Impacts Can Incorrect Medication Have?
- How Can I Prevent Being Given The Wrong Prescription?
- How To Start My Medication Error Compensation Claim
- Can I Claim With A No Win No Fee Solicitor?
- More Information
Who Can Make Medication Error Claims?
Medication error claims can be made by anyone so long as they meet the following criteria:
- A medical professional owed you a duty of care
- Their failure to meet their duty caused the medication error
- This meant that you suffered unnecessary harm
All healthcare professionals automatically owe you a duty of care when they treat you. In short, this duty means that they must provide patients with a level of care that meets the minimum expected standard.
Am I Able To Claim On Behalf Of A Loved One?
Yes, you could claim on behalf of a loved one who cannot legally claim for themselves, namely minors and those with a mental incapacitation. To do so, you would need to take on the role of a litigation friend to act on behalf of the person who cannot represent themselves.
If you have any questions about how to apply to become a litigation friend or would like to assess the eligibility of your claim, please contact our advisory team.
How Much Medication Error Compensation Could I Get?
A medication error that leads to very severe brain damage may result in someone being awarded between £344,150 and £493,000. This compensation range comes from the Judicial College Guidelines (JCG), a document that legal professionals can use in order to assess general damages. These damages compensate for the pain and suffering associated with the harm someone experiences.
We have included a list of compensation brackets below, which come from the JCG. It is important to note that these brackets are not a guarantee of compensation since every case is assessed on an individual basis. Moreover, the first figure is a combination of general damages and financial losses and isn’t sourced from the JCG.
| Type of Harm | Compensation |
|---|---|
| Multiple forms of very severe harm alongside financial losses, such as lost earnings | Up to £1,000,000+ |
| Very severe brain damage | £344,150 to £493,000 |
| Moderate (i) brain damage | £183,190 to £267,340 |
| Serious, permanent damage (or loss) of both kidneys (a) | £206,730 to £256,780 |
| Loss of one kidney (c) | £37,550 to £54,760 |
| Total loss of natural bowel function (b) | Up to £183,190 |
| Complete loss of bladder function | Up to £171,680 |
| Seriously impaired bladder control | £78,080 to £97,540 |
| Severe toxicosis in the digestive system (i) | £46,900 to £64,070 |
| Loss of spleen and ongoing risk of infection (a) | £25,380 to £32,090 |
Would you like to know more about how medical negligence compensation is calculated? You can speak to a team member for further information and confidential advice.
What Can Compensation Help With After A Prescription Error?
Compensation for the harm suffered due to a prescription error can also help you recover related financial losses under special damages. For instance, you may need long-term rehabilitation to support your recovery journey. So long as there is evidence like payslips or statements, medical negligence claims can include costs concerning:
- Medical treatment
- Travel to and from medical appointments
- Lost earnings due to time taken off work
- Adjustments made to your home, such as a stairlift
- Professional care or support provided by a family member
If you have any questions about how compensation for medication error claims is calculated or would like a free case assessment, don’t hesitate to contact our advisory team.
How Do Medication Errors Happen?
There are many reasons why medication errors occur. Keep reading as we discuss some of the most common, from dispensing errors to medication being incorrectly prescribed.
Dispensing
A medication error may occur while your medication is being dispensed. For example:
- A pharmacist mixes up your prescription with that of another patient while dispensing medication. As a result, you experience kidney damage after taking the wrong medication
- A nurse incorrectly instructs you to take more than the recommended amount of codeine. Due to this failure, you suffer an overdose that causes serious harm
- A pharmacist does not review what other prescriptions you are taking and give you a dose of penicillin that reacts badly with another medication
Prescription
Medical negligence can also result in errors when prescribing medication. That can lead to scenarios like:
- A doctor fails to read your medical records, which would have shown you have a number of allergies. Subsequently, they wrongly prescribe antidepressants, causing you to go into anaphylactic shock
- A medical professional misdiagnoses your condition by mistaking common bladder cancer symptoms for a urinary tract infection. Consequently, they wrongly prescribe antibiotics and delay a correct diagnosis, allowing the disease to spread before you get the right treatment
- While being treated in the hospital, a nurse misreads your medical records and prescribes the wrong dosage for your medication. As a result, you suffer permanent damage to your liver
These examples cover many common types of medication errors, but please don’t worry if they aren’t similar to your experience. You can talk to one of our advisors about your circumstances and find out whether you could claim medical negligence compensation.
However, before we continue with our guide, it’s important to remember that not all harm is avoidable. There is always some degree of risk in any medical setting, and you may experience side effects from a medication even when you receive the correct standard of care.
What Impacts Can Incorrect Medication Have?
Incorrect medication can have serious short-term effects, but there is also the potential for lasting, avoidable harm. Keep reading for more information.
Short-Term Effects
Short-term effects of medication errors may include:
- Skin rashes
- Vomiting
- Diarrhoea
- Dizziness
- Headaches
Long-Term Effects
In some cases, the impact of a medication error can be long-term. You may experience:
- Chronic kidney impairment
- Liver failure
- Brain damage
- Epilepsy
- Stomach ulcers
- Bowel failure
- Infertility
We understand that these and other health issues can be life-changing. You can reach out to our team at any time to find out how successful medication error claims have helped others move forward with their recovery.
How Can I Prevent Being Given The Wrong Prescription?
No matter what prescription you might get, there are some steps you can take to avoid suffering unnecessary harm due to a medication error. These include checking:
- The name on the prescription
- The name of the medication (if unsure, always ask whether it is correct)
- The leaflet inside the box that describes what it treats and the symptoms
- If it contains ingredients that you are allergic to
Although these measures can be helpful, it is the responsibility of the medical professional to treat you with the appropriate standard of care. To discuss how these standards relate to medication error claims, feel free to speak with one of our advisors.
How To Start My Medication Error Compensation Claim
When starting a medication error compensation claim, you will need to consider factors like evidence and time limits. Read on as we look at the process of claiming for medical negligence.
What Evidence Will I Need?
You must provide evidence to prove that medical negligence occurred and that it caused your suffering. Evidence may include:
- A copy of your medical records
- Photos of the harm
- Contact details of those who may have witnessed the negligence.
- A diary of your symptoms
Our solicitors have years of experience gathering evidence for medical negligence claims. That expertise has ensured our clients have never needed to face this vital task alone.
What Is The Time Limit For Medication Error Claims?
The time limit for medication error claims is typically 3 years from the date that negligence occurred or when you became aware of it. This is in line with the Limitation Act 1980, but there may be exceptions in cases where the person impacted is unable to legally claim for themselves because:
- They are under the age of 18
- Incapacitated and therefore unable to make decisions for themselves
In such cases, the time limit is frozen. As stated earlier in this guide, another person may be able to act as their litigation friend during this pause. Alternatively, they may be able to claim once they are 18 or if they regain capacity. In the latter case, the 3-year time limit would apply from the date that capacity is regained.
You can speak with our team of advisors to find out what evidence you will need and how the time limit applies to your case.
Can I Claim With A No Win No Fee Solicitor?
If you are eligible, you may be able to claim with one of our No Win No Fee solicitors. Through a Conditional Fee Agreement (CFA), a solicitor from Legal Expert would not require you to pay for their work on your case:
- Before it starts
- While it is underway
- If you do not receive medical negligence compensation
However, when our clients do receive compensation for medical error claims, they pay a success fee. This comes out of their compensation, but the fee is small, and the percentage has a legal cap in place that ensures you get the vast majority of what you receive.
Besides the advantages of using a CFA, working with our experienced medical negligence solicitors offers many other benefits. These include:
- Handling negotiations with the aim of securing a fair settlement for you. Our team have already secured over £80 million in compensation for our clients
- Arranging for an independent medical assessment, if appropriate
- Explaining any legal terms or processes that you are unsure of
- Connecting you with specialists, including physiotherapists and psychologists
Contact Legal Expert
You can contact our team of advisors for more information about any topic discussed in this guide. We take a client-focused approach at Legal Expert, so there is no pressure to follow up with us after your enquiry. Get started by:
- Calling us on 0800 073 8804
- Enquiring online
- Using the live chat pop-up box
More Information
You can read our other guides below:
- Find out how to claim compensation for a retained foreign object
- Learn about claiming for breast cancer negligence
- Discover how to claim for midwife negligence
Some external resources:
- Read about the work of NHS Resolution, which is the body responsible for handling claims against the NHS
- Follow NHS guidance on first aid
- Get to know the General Pharmaceutical Council, which provides guidance for pharmacists
Thank you for reading our guide on medication error claims.
