Wrong Medication Given In A Hospital Claims Guide – How To Claim Compensation

By Stephen Lambert. Last Updated 1st November 2023. What happens if you are given the wrong medication in a hospital and it makes you ill? Could you make a medical negligence claim for the harm you suffered and could you be compensated?

This guide provides answers to these questions and looks at some of the ways that pharmaceutical errors come about, and how these mistakes could be construed as negligence.

Wrong medication given in hospital

Wrong medication given in hospital claims guide

You may have questions the guide does not address and should this be the case, please speak to an adviser on 0800 652 3087.

They will answer any questions you have and explain how a personal injury lawyer can help you seek the compensation you could be entitled to.

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Am I Eligible To Claim Compensation From A Hospital?

When you are in a hospital, the medical professionals treating you owe you a duty of care. As part of their duty of care, they must ensure that you receive the correct standard of care.

If you were given the wrong medication while in hospital, you may be able to make a medication error claim for medical negligence compensation. However, you will need to meet the following eligibility criteria for your case to be valid:

  1. A medical professional owed you a duty of care.
  2. They breached this duty.
  3. Due to this breach, you suffered unnecessary harm.

For more information regarding medical negligence claims being made for the wrong medication being given to a patient, you can contact a member our our team. They can also assess the eligibility of your case.

Types And Causes Of Hospitals Dispensing The Wrong Medication

Not every pharmaceutical error is as simple as giving the wrong medication in a hospital. There are many mistakes that can be made which could negatively impact a patient’s health, for example:

  • Being given the wrong dose of the right medication
  • Repeat prescriptions being given too readily, without reviewing the patient’s health
  • Prescribing medication that the patient is known to be allergic to
  • Providing too much medication, enabling the patient to overdose if they take too much
  • Not prescribing a large enough dose, affecting the duration of the patient’s recovery
  • Making a mistake when filling out a prescription.
  • A pharmacy substituting medication for some reason, without consulting either the doctor or the patient
  • Mistakes made when labelling medication, with the wrong dose, or wrong instructions
  • Prescribing medication that should not be taken with another medication a patient has been prescribed or is taking

This type of mistake can lead to the patient suffering some kind of physical harm. If it can be proven that a mistake was made, the patient may have valid grounds to file a medical negligence claim. Speak to our team to learn more.

Impact Of The Wrong Medication On Patients

When medical malpractice results in a mistake being made with medication, and a hospital patient is given the wrong medication, the results can vary greatly, for example:

  • The patient may not recover from their illness, or they may take longer to recover, because they are not receiving the correct medication/dosage
  • An allergic reaction to medication the patient has a known allergy to
  • Anaphylaxis, a severe reaction to the medication
  • Renal failure or some other issue with the organs of the body, causing by a toxic reaction to the medication

If you were to suffer any kind of harm due to a mistake made with your medication, if you can prove negligence took place, you could have the basis of a valid compensation claim. An adviser can evaluate your claim and offer essential advice on how best to proceed.

Time Limits to Claim For Hospital Medication Negligence

If a hospital administered the wrong medication, and it caused harm to a patient, there is a personal injury claims time limit that must be respected which are as follows:

  • If the victim is 18 years old or over – 3 years from the time the incident took place, or from the time that a medical condition caused by the incident is diagnosed
  • If the victim is under 18 years old – 3 years from the date of the victim’s 18th

In some cases, these time limits may differ. You can call our team and an adviser can let you know which time limit may apply to your case.

What Compensation Could I Claim If Given The Wrong Medication In A Hospital?

It is impossible to come up with an average settlement you could be entitled to receive because each claim is different. However, the table below can give you a rough indication of the amount of compensation you may be awarded in a successful claim against a negligent third party. The amounts are  based on the Judicial College Guidelines which are used by the courts in the UK.

Medical ConditionInfoPayment
Brain Damage - (c) Moderate (i)A moderate to severe intellectual deficit, with a significant risk of epilepsy and a personality change.£150,110 to £219,070
Brain Damage - (c) Moderate (ii)There is a moderate to modest intellectual deficit, with some risk of epilepsy and working ability is greatly reduced.£90,720 to £150,110
Epilepsy (b)Established Petit Mal epilepsy. The amount awarded will be affected by various factors such as whether attacks are controlled by medication and the prognosis.£54,830 to £131,370
Kidney (b)There is a serious risk of a urinary tract infection in the future or the complete loss of the kidney's natural function.Up to £63,980
Kidney (c)One kidney suffers no damage despite the other being lost.£30,770 to £44,880
Digestive System (b)(i)Severe toxicosis that causes vomiting, diarrhoea, a fever and acute pain.£38,430 to £52,500

You also could also use an online personal injury claims calculator to get an estimate of the amount of compensation you could receive. However, for a more accurate estimate, a lawyer would need to value your claim first.

When you make a claim, your lawyer will explain what damages you could include. These would make up any settlement you are offered. For example, you might try to claim for:

  • General damages (for pain and suffering):
    • Psychological damage such as post-traumatic stress disorder, new phobias, anxiety or depression
    • General trauma, suffering, pain
    • Long-term, painful or traumatic treatment
    • Stress and trauma
    • Permanent disability or impairment
  • Special damages (for financial loss):
    • Cares costs to cover paying for nursing care at home
    • Travel costs (travelling to get treatment or deal with the claim)
    • Loss of income because you had to take time away from work. This could be partial loss or complete
    • Medical fees if you have to pay for private healthcare
    • Lowered earning potential if you are not be able to work at the same level in the future, or you are unable to work at all

If you would like more information on damages you may be able to include in your claim, one of our advisers can help you. Give our team a call today.

No Win No Fee Claims Against A Hospital When Prescribed The Wrong Medication

If you have strong grounds to make a medication error claim, then we recommend working with a solicitor who can support your case. You can speak to our advisors about your potential case, and if they determine you have a valid claim, they could connect you with one of our No Win No Fee solicitors.

Our No Win No Fee solicitors can support medical negligence compensation claims under a Conditional Fee Agreement (CFA). With such an agreement in place, you won’t need to pay any upfront or ongoing fees to your solicitor for their legal services. You also won’t be required to pay your solicitor fo the work they have provided if your claim proves unsuccessful.

If your claim succeeds, then your No Win No Fee solicitor will receive a legally capped percentage of the compensation awarded to you. This is known as a success fee.

To learn more about medical negligence claims being made for the wrong medication being given to a patient, you can contact our advisors. To reach them, you can:

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Article by MW

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