How Much Compensation Could Be Awarded In Claims For Medication Errors In Healthcare?
This guide discusses how compensation is calculated in medical negligence claims for medication errors in healthcare. We also explore the different forms of compensation that could be awarded as part of your settlement.
We then discuss who may be eligible to begin a medical negligence claim and the time limit in which you have to begin legal proceedings. Furthermore, we tell you what types of evidence could be helpful in proving healthcare negligence cases.
Afterwards, you will find examples of types of medication errors that could happen in healthcare and whether they could lead to a claim. Then, towards the end of this guide, you can discover some of the benefits to make a wrong medication compensation claim on a No Win No Fee basis with a solicitor on our panel.
We have a team of friendly advisors who can give you a free assessment of your potential claim and could connect you to a medical negligence solicitor from our panel. To contact our advisors:
- Call 020 3870 4868
- ‘Claim Online’ by putting in your information on our form.
- Message in our live chat box.
Jump To A Section
- How To Calculate Claims For Medication Errors In Healthcare
- Am I Eligible To Sue A Healthcare Provider?
- What Proof Can Help Support Your Medication Error Claim?
- Types Of Medication Errors
- Can Claims For Medication Errors In Healthcare Be Made On A No Win No Fee Basis?
- Learn More About Claims For Healthcare Negligence
How To Calculate Claims For Medication Errors In Healthcare
A compensation award for a successful medical negligence claim after receiving the wrong medication can possibly be made up of two heads of loss.
The first head of loss is general damages. General damages are always awarded in successful claims and compensate you for the unnecessary harm suffered due to a healthcare professional being negligent.
As part of the claims process, you may be invited to an independent medical assessment. The medical reports from this assessment may be used as part of evidence while the value of general damages is being decided. The Judicial College Guidelines (JCG) may also be referred to along with the results of the medical assessment by those valuing your claim. The JCG documents different guideline compensation brackets for various forms of harm.
Guideline Compensation Table
For this table, we have used some of the compensation guidelines listed within the JCG. Please remember that this table should be used as a guide since compensation is awarded on a case-by-case basis. Additionally, the top line has not been taken from the JCG.
| Harm Suffered | Severity | Guideline compensation values | Notes |
|---|---|---|---|
| Multiple forms of severe harm and special damages | Serious | Up to £1,000,000+ | An award for suffering multiple serious injuries and financial losses, such as prescription costs or lost wages. |
| Brain damage | Very severe (a) | £282,010 to £403,990 | The person will have little to no language function, little to no meaningful response to their environment, and will need full-time nursing care. |
| Moderately severe (b) | £219,070 to £282,010 | The person will be substantially dependent on others and will suffer physical and/or cognitive disabilities. such as limb paralysis and an impaired personality. | |
| Kidney | Permanent and serious damage, or loss (a) | £169,400 to £210,400 | Where both kidneys are affected or lost. |
| Significant risk (b) | Up to £63,980 | Significant risk of a urinary tract infection developing in the future or future risk of another total loss of natural function. | |
| Loss of one kidney (c) | £30,770 to £44,880 | Where the other kidney is fine/unaffected. | |
| Bowels | Total loss of function (b) | Up to £150,110 | The person may depend on a colostomy due to their age. |
| Bladder | Serious impairment (c) | £63,980 to £79,930 | The bladder's control is seriously impaired and there is some incontinence and pain. |
| Digestive System | Damage/Illness Resulting from Non-traumatic Injury (i) | £38,430 to £52,500 | Hospital admission for a few days or weeks due to severe toxicosis that causes vomiting, acute pain and diarrhoea. |
Special Damages
The second head of loss you could receive is special damages. Special damages compensate for the finances that have been lost due to medical negligence. As such, here are some types of monetary losses that could be reimbursed under special damages:
- Loss of earnings if you needed time off work to recover.
- Prescription costs.
- Travel expenses, such as for trips to and from the hospital.
For a better chance of special damages being awarded, it is best to collect proof of these losses such as payslips, receipts, and invoices.
Contact our advisors for more information about how much compensation could be awarded for successful claims for medication errors in healthcare.
Am I Eligible To Sue A Healthcare Provider?
Every healthcare professional has a duty of care to deliver the correct standard of care to the patients they are treating. This could include taking their patient’s symptoms seriously and assessing any medication they are currently taking before providing them with new medication. Furthermore, this duty applies in various medical environments, including hospitals, pharmacies and GP surgeries, for example.
If a healthcare professional were to deliver a standard of care that does not meet what is minimally expected of them, then this is considered a breach of their duty of care.
You may be eligible to sue a healthcare provider following a medication error if you can meet the medical negligence claiming criteria. This is:
- A healthcare professional owed you a duty of care.
- This healthcare professional breached their duty of care.
- You suffered avoidable harm as a result of this breach.
Together, these three factors form the basis of medical negligence.
Time Limits In Claiming For A Medication Error
As well as meeting the eligibility criteria, you must also ensure that your medication error compensation claim is made within the correct limitation period. The Limitation Act 1980 sets out the medical negligence claims time limit as is 3 years. This means that claims for medication errors in healthcare must be started within 3 years from either the date medical negligence happened or the date of knowledge. This is the date that you first reasonably realised, or were expected to realise, that the harm you suffered was linked with medical negligence.
However, exceptions will be made to this time limit for claimants under the age of 18 and those lacking the mental capacity to make their own legal proceedings. These are:
- For those under the age of 18, the time limit will be paused until the date of their 18th birthday, from which they will have until their 21st birthday to begin the claiming process.
- For those lacking the mental capacity, the time limit will be paused indefinitely. It will only be reinstated if the person were to regain the mental capacity to make their own proceedings. In this case, they will have three years from the date of recovery to begin their claim.
In both instances, while the time limit is paused, a litigation friend could begin the claiming process on the claimant’s behalf. This could be a solicitor, parent or someone else who will act in the claimant’s best interest.
If you have any questions about the time limits for medical negligence compensation claims or would like the eligibility of your case assessed, you can contact our advisors.
What Proof Can Help Support Your Medication Error Claim?
All claims for medication errors in healthcare need to be supported with evidence. This will need to show the extent of the unnecessary harm suffered and how a medical professional was liable.
Some examples of evidence that could help you with proving medical negligence occurred include:
- The contact details of any witnesses who were with you when you received your medication error. For example, if a family member came to your GP appointment with you. They may be able to provide a statement at a later date.
- Your medical records detailing any medication you had been prescribed and the harm you suffered following the medication error, including what treatment you needed.
- Photographs of any visible symptoms you suffered, such as a rash, and a diary detailing your symptoms.
- A copy of your prescription form or the medication container could help with supporting a prescription error claim.
If you discuss your case with our advisors today, they may connect you with a solicitor from our panel who has experience working on medication error compensation claims. As part of their services, they could assist you with gathering evidence to support your case.
Contact our team today with any questions you may have regarding evidence that could support claims for medication and prescription errors.
Types Of Medication Errors
There are various ways that medication errors could occur. However, to have a valid medical negligence claim, the medication error must have been caused by a medical professional breaching their duty of care, and you must have suffered unnecessary harm due to this.
Some examples of different types of medication errors include:
- Misdiagnosis – a condition you had was misdiagnosed as something else by your GP. This could result in a delay in treatment for the medication you need, which could result in your condition worsening.
- Prescription errors in a pharmacy – the pharmacist mislabels your medication, meaning you receive someone else’s prescription. Taking the incorrect medication could cause you to suffer from a variety of symptoms, and may also lead to your initial condition becoming worse due to it not being treated.
- Failing to give clear instructions – a nurse may provide you with incorrect information on how often your medication should be taken, leading you to take the wrong dosage. Taking too little of your medication could lead to your initial symptoms becoming worse. Taking too much of your medication could lead to an overdose which in some cases could be fatal.
These are only a few examples of how medication errors could happen. You can contact our advisors today to discuss your specific case and see whether you may have a valid claim. They can also help answer any questions you may have about medical negligence claims for medication errors in healthcare.
Can Claims For Medication Errors In Healthcare Be Made On A No Win No Fee Basis
One of the solicitors on our panel may be able to represent your medical negligence claim on a No Win No Fee basis, provided you meet the eligibility requirements. They do this by offering a Conditional Fee Agreement (CFA).
By being represented under this type of No Win No Fee arrangement, you will not have to pay any upfront or ongoing costs for your solicitor’s services. Moreover, you will not have to pay for your solicitor’s work if your healthcare negligence claim is unsuccessful.
What will happen instead if your claim is successful is that a success fee will be taken from your compensation. However, the maximum percentage of your compensation that can be taken as this success fee is legally limited, which helps to ensure that you keep the majority of your compensation.
Contact Us
Get in touch with our advisors for free advice and support about claims for medication errors in healthcare. They could assess the eligibility of your case and may connect you with a medical negligence solicitor on our panel who has experience with medication and prescription error claims.
To discuss your case today, you can:
- Call 020 3870 4868
- ‘Claim Online’ by putting in your information on our form.
- Message in our live chat box.
Learn More About Claims For Healthcare Negligence
Further medical negligence claims guides by us:
- How to report a doctor when making a medical negligence claim.
- Find out what common prescription errors you could claim compensation for.
- Guidance on making a claim for medical negligence in a private hospital and the potential compensation you could receive.
Alternatively, here are some external links that may be helpful:
- Royal College of Nursing (RCN) – what duty of care to expect from nurses.
- General Medical Council (GMC) – what professional standards to expect from doctors.
- Gov. UK – an overview of Statutory Sick Pay (SSP) if you have had time off work due to avoidable harm.
If you have any further questions regarding medical negligence claims for medication errors in healthcare, you can contact our team of advisors.
