A Guide To Making A Medication Error Claim

Healthcare professionals have a duty of care to prescribe and administer the right dosage of the correct medication. Being given the wrong medication could have serious and long-term effects on your health. If you or a loved one have been harmed by a medication error, you could claim compensation. In this guide we look at when and how you could make a medication error claim.

Our guide looks at what such claims are and the types of errors you could claim for. It also looks at what steps you could take if harmed by medical negligence. Understanding how compensation settlements are calculated can also be helpful, as such we include a section which looks at this. In the final part of this guide, you can find information on how long you have to claim and how a No Win No Fee solicitor could help you.

For help and advice on medical negligence compensation claims please:

Medication is on a table.

Choose A Section

What Is A Medication Error Claim?

Medication or prescription errors occur when a patient is given either the incorrect medication, incorrect dosage or wrong instructions on how to use a medicine. According to the Care Quality Commission (CQC), there are as many as 237 million medication errors made annually in the NHS in England.

Medication errors could occur when medication is prescribed, prepared, dispensed or administered. They may also occur where a patient is not correctly monitored or where the wrong advice is given. The medication may be administered by a medical professional, such as in a hospital or care home, or it may be self-administered at home. The error may have taken place in a pharmacy, GP surgery, hospital or other healthcare setting.

In order to make a compensation claim for any harm suffered, you must meet the eligibility criteria. All medical professionals have a duty of care to patients. To do so, doctors must meet the minimum expected professional standards. Pharmacy services must also meet expected standards.

If their care falls below these standards they may be said to be in breach of their duty of care. In such instances, you could make a medication error claim.

The eligibility criteria which all claims must meet are:

  1. That you were owed a duty of care by a healthcare professional.
  2. That they breached this duty of care, such as by prescribing medication which they know you are allergic to.
  3. You suffering unnecessary harm as a result of this breach.

Please contact our team to find out whether you are eligible to claim for a medication error.

What Types Of Medication Errors Could I Claim For?

Medication errors could happen in a very wide range of different circumstances. Examples of types of medication errors may include:

Inaccurate Dosage Of Medication

An inaccurate dosage of medication may occur where a patient is given a dosage which is too high, too low or which otherwise differs from the amount which was prescribed or which should be given. The medication may also have been given at the wrong rate, for the wrong duration or on the wrong timing.

Too low a dosage could mean that symptoms continue or get worse. Too high a dose could lead to further symptoms and harm. An inaccurate dosage may be administered due to human error.

Wrong Medication Dispensed

This may occur where your GP has given you the correct prescription, but where a pharmacy has made an error. The pharmacy may have dispensed a different drug, given the wrong amount or labelled the medication incorrectly.

This could mean that you are given the wrong medication for your condition leading either to it getting worse or you otherwise being harmed.

Allergic Reactions

When prescribing or administering medication medical professionals should ask whether you have any known allergies. They should also consult your medical records. An allergic reaction could occur where a medical professional did not take account of your notes or ask you about any known allergies.

Negligence could also lead to an allergic reaction where a medical professional did not add a new allergy to your medical records. This may lead to a subsequent doctor administering the medication, unaware of the allergy.

Combining Drugs

Doctors, pharmacists and other medical professionals should ensure that they accurately check what other medications you are on before administering, prescribing or dispensing others. This is to ensure that you are not subject to a harmful drug interaction.

If you were given the wrong medication, one you had stated you were allergic to or need advice on claiming for pharmacist negligence, please contact our team.

A pharmacist dispenses medication.

What Should I Do If I’ve Been Given The Wrong Medication?

If you were harmed by the wrong medication you could make a prescription error compensation claim. To do so, there are steps which you could take. The most important of these steps is to make sure you get the right medical care. In addition, it is important to collect relevant evidence which could help you to prove your claim.

You could collect evidence such as:

  • A copy of your medical records. These should detail what medication you were given, your original condition and any subsequent harm you suffered.
  • A copy of your prescription records
  • Any remaining medication, containers or literature.
  • The contact details of any witnesses.
  • A diary in which you record any additional symptoms.

For help proving medical negligence, please contact our team.

How Much Medication Error Compensation Could I Receive?

Each medication error compensation claim is assessed on its own, unique, merits. This means that until we are able to assess your case, we can not say how much compensation you could be owed.

However, we can look at how compensation payouts may be calculated. If you are awarded compensation you may be awarded both general and special damages. The first of these is compensation for your suffering and pain. The second, for financial losses.

When assessing general damages, factors such as what harm you suffered as well your outlook for recovery will be taken into account. Your solicitor may refer to the Judicial College Guidelines (JCG). The JCG includes compensation guidelines for various types of harm.

The table below takes figures from the JCG. Please note, the top row is our illustration of what may be awarded. This includes both general and special damages.

HarmSeverityCompensation
Multiple and serious forms of harm. Inclusive of special damages.Serious or severeUp to £1,000,000+ inclusive of special damages.
Brain damageVery severe (a)£344,150 to £493,000
Brain damageModerately severe (b)£267,340 to £344,150
Kidney damageLoss of both kidneys, or serious and permanent damage (a)£206,730 to £256,780
Kidney damageSignificant risk of a urinary tract infection in the future (b)Up to £78,080
BowelsLoss of natural function (total), dependence on colostomy (b)Up to £183,190
BowelsFaecal urgency as well as passive incontinence (c)Around £97,530
BladderComplete loss of control and function (b)Up to £171,680
Eye injuriesLoss of sight - one eye (e)£60,130 to £66,920
SpleenLoss of the spleen with risk of internal infection (a)£25,380 to £32,090

Special damages could take account of a wide range of different types of financial losses or costs. You may be compensated for:

  • Lost income and earnings.
  • The cost of medication, medical treatment and related costs.
  • Care costs.
  • Travel expenses.

You will need to provide evidence to support your claim for these losses. This may include your bank statements, your wage slips and invoices.

Please contact our team for information on how prescription error compensation claims may be valued.

A medical professional prepares a dose.

How Long Do I Have To Make A Medication Error Claim?

You must make your medication error claim within the relevant time limit. This time limit will be set by the Limitation Act 1980. In most instances, the applicable limitation period is three years. This period is taken, either from the date on which the prescription error took place, or the date on which you discovered you had been harmed.

There are circumstances in which this time limit is not applicable. Exceptions include, where the person harmed either lacked sufficient mental capacity to make a claim or was under the age of eighteen. In these circumstances, the time limit is suspended, either until the person turns eighteen, or they regain their mental capacity.

In either of these instances, the person will be unable to make a claim on their own behalf. You may make a claim for them. To do so, you must make an application to the court to be appointed as a litigation friend. You may ask, what is a litigation friend? This is someone who can act on behalf of another person in a legal case.

Please contact our team to find out what time limit applies to your medication error compensation claim.

Can I Make A Medication Error Claim On A No Win No Fee Basis?

We should note that you do not have to use a solicitor when making a medication error claim. However, we believe that there are a variety of different benefits which come from doing so. We also understand that the cost of taking legal action can be a concern to many people considering claiming compensation.

That is why our panel of solicitors work on a No Win No Fee basis. If you do have a valid case, we could connect you to a member of our panel. They could then help you to claim compensation through a Conditional Fee Agreement (CFA).

The CFA will set out how and when the solicitor will be paid. Typically, a CFA means that the solicitor will only be paid for their work if and when you are awarded a compensation payout. The solicitor will then deduct a percentage of the settlement as a success fee. This percentage is limited by law. What percentage the solicitor will take is agreed in the CFA.

This means that you can begin a claim without having to worry about upfront solicitors fees. For more information on how to make a medical negligence claim, please contact our team.

A solicitor works on a medication error claim.

Read More About Making Medical Negligence Claims

In this final part of this guide you can find additional resources and references. These can help if you have been impacted in any of the ways described in this guide.

References:

Thank you for reading our guide to making a medication error claim. If you have been harmed due to medical negligence, please contact our team.