Whether due to being prescribed the wrong medication, wrong dosage or being given the wrong instructions, getting the wrong medication could have serious and lasting consequences for your health. If you have suffered unnecessary and avoidable harm due to getting the wrong medication, you could claim compensation. In this guide we look at how much compensation for wrong medication you could claim.
In this guide we take you through the claims process, covering how compensation may be calculated and the factors which could impact how much you are owed. We next explore eligibility criteria medical negligence claims must meet. We also explore different types of medication errors and how they may happen. You can also find information on the risks of being given the wrong medication and how to make a claim.
To find out more about your rights if harmed by a medication error or to begin a claim, please contact us.
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Browse Our Guide
- How Much Compensation For Wrong Medication You Could Claim
- Am I Eligible To Claim Medical Negligence For A Wrong Prescription?
- Types Of Medication Errors That Can Lead To Claims
- How Medication Errors Can Happen
- The Potential Risks Of Receiving The Wrong Medication
- How To Make A Medication Error Claim
- How Our Panel Of Solicitors Can Support Your Claim
- More Information
How Much Compensation For Wrong Medication You Could Claim
How much compensation for wrong medication may be awarded will vary, depending on several factors. These may include how severely someone was harmed and the impact that this harm has had on them. Typically, claimants may be awarded two heads of claim as part of their settlement. These are called general damages and special damages.
The first of these compensates you for the pain and suffering the medication error has caused. The second compensates for financial losses.
How Settlements Are Calculated
To help calculate how much compensation you may be owed in general damages, parties, such as a solicitor, may check your medical records. These will show what harm you suffered and its extent. In addition, they may also consult guidelines from the Judicial College (JCG).
The JCG is a document containing suggested brackets of compensation which may be awarded for different types of injury. These cover different types of both physical and psychological harm.
We have taken figures from the JCG as entries in rows 2-10 of the following table. The first entry shows what you could be awarded for general and special damages.
| Type Of Harm Suffered | Severity | Damages |
|---|---|---|
| Multiple serious forms of harm. | Severe. | Up to £1,000,000+ with special damages award. |
| Brain damage | A - very severe. | £344,150 to £493,000 |
| Brain damage | B - moderately severe. | £267,340 to £344,150 |
| Kidney damage | A - serious/ permanent damage, both kidneys. | £206,730 to £256,780 |
| Kidney damage | B - significant risk of infection. | Up to £78,080 |
| Bowels | A - double incontinence, total loss of control and function. | Up to £224,790 |
| Bowels | C - faecal urgency and incontinence. | Around £97,530 |
| Bladder | B - loss of function and control. | Up to £171,680 |
| Bladder | C - serious impairment of control. | £78,080 to £97,540 |
| Spleen | A - loss of spleen, risk of infection. | £25,380 to £32,090 |
Figures in the JCG and only guidelines. Your compensation settlement may vary from these.
Special Damages And How They Affect Your Claim
Special damages may also be awarded for medication error claims. This part of your settlement may compensate you for the financial harm suffered. Expenses and losses you could be compensated for may include:
- Loss of earnings, income and other workplace benefits.
- Medical expenses such as those for long-term medication or care, physiotherapy or other treatment.
- Domestic care costs and/ or childcare costs.
- Travel costs to attend essential appointments, such as medical check-ups.
Whilst a successful claim will automatically be awarded general damages, you must provide evidence showing your entitlement to special damages. This may be in the form of payslips, medical bills or invoices for domestic care.
A medical negligence solicitor from our panel could help you. Contact us to learn more about how settlements for the wrong prescription in the UK may be calculated.
Am I Eligible To Claim Medical Negligence For A Wrong Prescription?
Medication errors, such as being prescribed the wrong medication or being prescribed medication you are allergic to, are a type of patient safety incident. Such errors could happen during the prescription, preparation, dispensing, administering or monitoring of medications.
To sue a medical professional, such as a doctor, for negligence you must show that they have breached their duty of care. All medical and healthcare professionals have a duty of care to patients. They must ensure that they meet minimum accepted standards. They may be considered to be in breach of this duty if they failed to deliver the correct level of care and you were harmed.
The basic criteria medication error claims must meet are:
- A healthcare professional had a duty of care to you.
- They were in breach of this duty. For example, a pharmacist made a prescription error and gave you the wrong medication.
- The breach caused you unnecessary or avoidable harm.
- You are within the time limit to start a claim.
Get answers to frequently asked questions about medical negligence claims by contacting our team.
Types Of Medication Errors That Can Lead To Claims
There are different types of medication errors which could cause people harm. They could occur at various stages of the process. This includes at any point of the process, including prescribing, dispensing, and administration of medication.
Common types of medication errors which could cause harm to patients include:
- Prescription errors. These could occur due to misdiagnosis or allergic reactions.
- Dispensing errors. This may include dispensing the wrong medication, the wrong dose of a medication or dispensing medication with the wrong instructions.
- Administrative errors. This could include medical professionals administering the wrong medication. It may also include administering medication via the incorrect route or failing to follow proper guidelines.
- Documentation errors. These could involve inaccurate patient records, errors in dosage or incorrect transcription of medication information.
- Monitoring errors. These errors involve medical professionals failing to properly monitor how a patient responds to medication.
- Communication errors. Healthcare professionals may fail to clearly communicate with patients and their families.
Any of these errors could lead to serious consequences for a patient’s health, causing serious harm. If the care given falls below the minimum accepted standard and this causes harm, then a claim can be made. Our team could help with making a prescription error compensation claim. Please contact us for further information on how much compensation you could be awarded.
How Medication Errors Can Happen
Medication errors may happen during the use of self-administered medications prescribed to a patient. They may also happen when medication is administered by medical professionals, such as doctors, nurses, dentists or anaesthetists. Error could happen in GP surgeries, hospitals, pharmacies and care homes.
Medication errors could happen due to
- A lack of proper training. Pharmacy staff may not be sufficiently or properly trained and may make errors in dispensing medications.
- Overworked staff in GP surgeries, hospitals or pharmacies. Overworked staff may make various types of errors listed above.
- Inadequate patient records. Patients may suffer allergic reactions due to known allergies not being recorded on patients records.
- Illegible prescriptions which can not properly be read by pharmacists.
These are just some ways in which medication errors could happen. For an assessment of how much compensation for wrong medication negligence you could be owed, please contact us.
The Potential Risks Of Receiving The Wrong Medication
From serious side effects to new forms of harm, receiving the wrong medication has a variety of different types of risks. In some cases, such risks may even be life-threatening or leave a claimant with life-long effects. The potential risks caused by receiving the wrong medication may vary depending on the type of medication involved.
Potential risks associated with getting the wrong medication include:
- Suffering allergic reactions.
- Adverse drug reactions and/or adverse drug interactions.
- Worsening of your original condition. This may lead to your hospitalisation and an extended recovery time.
- Development of new health problems.
- Psychological harm.
- The development of long-term disabilities or a new chronic condition.
You may be faced with any of these potential risks or a combination of them. Such risks could have a serious impact on your quality of life. Talk to our team to learn more about how medical negligence solicitors could help you.
How To Make A Medication Error Claim
Having established that you are eligible to make a prescription error claim, we look at how the claims process works.
Gathering Evidence To Support Your Claim
To make any personal injury claim you must provide evidence which supports your case. Examples of evidence which could support your case include:
- Your medical records. These may be obtained either from the NHS or private healthcare providers who treated you. They will show how you were harmed and what care you required.
- Bank statements, payslips and invoices which highlight the financial impact the incident has had on you.
- A diary which outlines the impact medical negligence had on you. This may include details of your symptoms.
- Details to contact anyone who witnessed either your negligent treatment or your subsequent symptoms.
How Long You Have To Start A Claim
Under the Limitation Act 1980, there is a time limit in which you must start your prescription error claim. Under this act, the time limit is three years, taken from the date on which negligence occurred or on which you became aware of the negligence.
The time limit may vary in prescription error claims involving children or those with diminished mental capacity. In the case of minors, the time limit does not begin until they are eighteen. Those with reduced mental capacity will only face a time limit if they regain said capacity, which would be three years from that point.
In either instance, someone else may claim on behalf of the person harmed whilst the time limit is not in effect by becoming a litigation friend. This is a suitable adult who makes decisions about the case on behalf of the injured person.
How Long It Takes To Reach A Settlement For A Wrong Prescription
Whilst your claim must be started within the medication error claims time limit, there is not a limit on how long the claims process may take.
How long it takes to reach a settlement may vary depending on:
- Whether the other party disputes or accepts liability.
- Delays in getting evidence, such as reports from medical specialists.
- The type of harm you suffered and how complex it was.
- Whether the case goes to court and the court time frame.
A medical negligence solicitor from our panel could guide you through the process of making a prescription error claim.
How Our Panel Of Solicitors Can Support Your Claim
The solicitors making up our expert panel could help you to make a claim on a No Win No Fee basis. By using a Conditional Fee Agreement (CFA) you can start a legal claim without taking on any financial burden.
By using a CFA, a claimant can expert not to make any upfront payments for solicitors fees. They would also not need to pay any fees to the solicitor for their work whilst the claim is underway. There would also be no solicitors fees to pay if the claim fails.
A success fee is deducted from your compensation if you win your claim. The success fee is a set percentage of the compensation and this percentage is limited under law. You will keep the majority of the compensation.
Find out how we could help you by calling 0800 408 7825. You may also contact us using our contact form, or by sending a message via our live chat below.
More Information
Finally, here you can find further information on how compensation payout amounts may be calculated.
- You may have suffered a psychological injury as a result of medical negligence. Read how to claim here.
- Here, you can find out more about making a personal injury claim.
- In this guide we look at how to make a negligent surgery compensation claim.
References
- Learn more about medicines safety in this guide from the Care Quality Commission (CQC), the independent regulator of healthcare in England.
- Find out more about nurses’ duty of care in this guide from the Royal College of Nursing.
- Read more about medication safety in this NHS resource.
Thank you for reading our guide on how much compensation for wrong medication you may claim. Please contact us to start a claim.
