This guide examines who could be eligible to make a medical negligence claim for an opiate overdose due to a medication error. You will find a detailed explanation of a medical professional’s duty of care and how failures to uphold this duty can cause avoidable harm
We will explain the medical applications of opiates and look at the causes of medication errors. This guide also contains information on how medical negligence compensation is calculated, as well as the evidence you can use to support your potential claim.
The final section of this guide contains a brief overview of the No Win No Fee contract our solicitors can offer their services under and how you can benefit when starting your medical negligence claim with us.
Opiate Overdose Due To A Medication Error Claims Guide
You can see our medical negligence FAQ guide for more information or speak with one of our advisors. Our dedicated team can answer any questions, offer further guidance on the claims process and assess your eligibility to start a claim. You can contact us via the following:
- Call the team on 0800 652 3087.
- Complete our “Claim Online” form here.
- Click our live chat box for a quick response to your questions.
Select A Section
- Could I Claim For An Opiate Overdose Due To A Medication Error?
- How Could A Medication Error Cause An Opiate Overdose?
- How To Prove An Opiate Overdose Was Due To A Medication Error
- What Could You Claim For An Opiate Overdose Due To A Medication Error?
- Why Choose Medical Negligence Assist For No Win No Fee Claims?
- Learn More About Claiming For An Opiate Overdose Due To A Medication Error
Could I Claim For An Opiate Overdose Due To A Medication Error?
Medical professionals have a duty of care to their patients in that they must provide treatment that is of the correct standard. This applies to both public and private healthcare. A failure to uphold this duty when giving treatment could lead to patients suffering avoidable harm.
To begin a claim for an opiate overdose due to a medication error, you will need to satisfy the eligibility criteria given here:
- A medical professional owed you a duty of care when providing treatment.
- This duty was breached by that medical professional.
- That breach caused you to suffer avoidable harm.
What we mean by “avoidable harm” is harm that would not have happened had the correct standard of care been given during your treatment.
Is There A Time Limit?
In most cases, medical negligence claims are subject to a limitation period of 3 years, as established by the Limitation Act 1980. This can be counted from either the date of the negligent action or the date of knowledge.
However, in certain cases, exceptions to the general 3-year limit can apply and an extension given. To find out more about the time limit, and if any exceptions apply to your particular circumstances, contact our team today. You can speak to one of our dedicated advisors via the contact information given above.
How Could A Medication Error Cause An Opiate Overdose?
Opiates are medicines that are derived from the opium poppy, a common example would be morphine. Opiates are primarily used as relief for severe pains, such as when recovering from an operation or cancer, but they can also be prescribed for longstanding chronic pain if other medicines prove ineffective.
The government has published rules for the sale, supply and manufacture of medicines as per the Human Medicines Act 2012. Because of their strength and the risk of dependency, opiates are classed as a “prescription-only medicine” (POM). This means opiates can only be supplied with a written prescription from a doctor. A medication error involving opiates can therefore be very serious.
Below we have detailed some scenarios of how an opiate overdose due to a medication error can occur:
- Your file was mixed up with another patient’s. This results in you receiving their morphine dose as well as your own. The overdose causes a substantial drop in your blood pressure, leading to a seizure.
- A doctor at the hospital inputs the wrong dosage into medical notes by mistake, leading to a much higher opiate dose than needed. The resulting overdose leads the patient to become comatose which leads to a significant brain injury.
How To Prove An Opiate Overdose Was Due To A Medication Error
In order to make a medical negligence claim following an opiate overdose due to a medication error, you will need to provide supporting evidence. Evidence is used not only to show how the medical professional breached their duty of care but also the extent of the harm caused by their negligent provision of the wrong medication.
Some examples of evidence you could collect as proof of medical negligence include:
- Patient files showing what opiate dosage you should have received.
- Prescription letter showing the incorrect dosage.
- Anyone who attended the hospital with you could provide a witness statement, so be sure to take down their contact details.
- The medical documents, such as test results, from the treatment for the avoidable harm caused.
- Keep a diary during your treatment, making note of both physical and psychological symptoms.
The Bolam Test
The Bolam Test is where relevantly trained medical practitioners assess the care you received and decide whether or not it met the correct standard. You don’t need to worry about organising this, and the Bolam Test is not used in every medical negligence claim. However, the findings from the Bolam Test can be submitted as part of your supporting evidence if it is used.
Speak to our advisors to get a free assessment of your particular circumstances. You could get the support of one of our solicitors if it is decided you have a valid claim. Use any of the contacts given above to talk to a member of our team.
What Could You Claim For An Opiate Overdose Due To A Medication Error?
There are two heads of claim that can make up a compensation settlement following the success of a medical negligence claim for an opiate overdose due to a medication error. These are called general and special damages. Compensation for the pain and suffering you experienced due to the avoidable harm is awarded under general damages.
To assist in the calculation of the potential value of the harm you have sustained, solicitors can refer to the Judicial College Guidelines (JCG) alongside your provided medical evidence. The JCG publication contains guideline award brackets for a multitude of different types of harm. You will find a number of these in the below table.
Compensation Table
We would like to emphasise that this table has been provided to act as guidance. We cannot guarantee a compensation amount since medical negligence compensation is calculated individually
| Type of Harm | Severity | Guideline Bracket | Notes |
|---|---|---|---|
| Paralysis | Tetraplegia (a) | £324,600 to £403,990 | Upper and lower body paralysis. Level of award will depend on the presence and extent of pain, age and life expectancy, impact on the senses and the degree of independence. |
| Paraplegia (b) | £219,070 to £284,260 | Lower body paralysis. Awards in this bracket will depend on the psychological impacts, age and life expectancy, level of pain and impact on sexual function. | |
| Brain Damage | Very Severe (a) | £282,010 to £403,990 | Little to no environmental response or language function and double incontinence necessitating full time care. |
| Moderately Severe (b) | £219,070 to £282,010 | Very serious disability with a substantial dependence on others. Marked impairment of intellect, personality and paralysis. | |
| Moderate (c)(i) | £150,110 to £219,070 | A moderate to severe intellectual deficit, impact on the senses, significant epilepsy risk and zero employment prospects. | |
| Epilepsy | Established Grand Mal (a) | £102,000 to £150,110 | Awards in this bracket will depend on the success of medication in controlling attacks, the impact on work and social life and any associated behavioural problems. |
Special Damages
Financial losses associated with the avoidable harm you sustained can be reimbursed under special damages. We have given a few examples of possible costs that could be reimbursed here:
- Loss of earnings.
- Domestic care and support.
- Travel costs.
- Medical expenses.
You will need to provide evidence of costs incurred from the harm you sustained. Make sure you hold onto copies of your travel tickets, your payslips and any receipts or invoices as proof of financial losses.
For a more detailed estimate of the compensation you could receive for your potential claim, speak to our advisors via the contact information given in the next section.
Why Choose Medical Negligence Assist For No Win No Fee Claims?
Our advisors can offer a consultation on your eligibility to begin a medical negligence claim following an opiate overdose due to a medication error-free of charge. Following your assessment you could, if it is decided you have a valid claim, be put in touch with one of our specialist medical negligence solicitors. Our solicitors can offer their services under a Conditional Fee Agreement (CFA), which is a type of No Win No Fee contract.
A CFA has a number of advantages for claimants:
- No upfront fee for the solicitor to start work on your claim in most cases.
- You will also generally not be met with fees for this work as your case moves forward.
- If your claim fails, you will not have to pay the solicitor for their services.
A success fee is a percentage taken from your compensation by the solicitor upon the success of your claim. As the maximum success fee percentage that solicitors can charge is capped by law, most of the compensation is yours to keep.
Our dedicated team of advisors can answer any questions, offer further guidance on the claims process and assess your eligibility to start a claim. You can speak to an advisor via the following:
- Call the team on 0800 652 3087.
- Complete our “Claim Online” form here.
- Click our live chat box for a quick response to your questions.
Learn More About Claiming For An Opiate Overdose Due To A Medication Error
See more of our medication error claims guides:
- Learn how to complain about medication errors.
- Find out more about making a medical negligence claim after being given the wrong dosage.
- Read our guide on what to do if a pharmacy gives the wrong medication.
External resources you may find useful:
- The government published this report on reducing medication-related harm.
- You can see the General Medical Council’s ethical guidance for doctors here.
- NHS Resolution has released this resource on learning from medication errors.
We’d like to thank you for reading our guide on starting a medical negligence claim after an opiate overdose due to a medication error. To learn more about how Medical Negligence Assist can help you, speak to our advisors today. You can reach our experienced and dedicated team using the contact details provided above.