Advice On Medication Error Claims

By Daniel Boimler. Last Updated 20th August 2024. Did you suffer after being given the wrong medication? Did an error in a prescription cause your existing condition to worsen or create a new condition entirely? If so, you may be entitled to compensation. In this guide, we discuss who can make medication error claims and the duty of care all medical professionals owe their patients.

Furthermore, we will share different examples of how a medication error may occur and the consequences this could lead to. We also explain how compensation is calculated for such claims, and the different heads of loss that may form your final settlement.

When you are ready to discuss your claim, a friendly adviser from our expert team will be waiting to help you:

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Who Can Make Medication Error Claims?

A medication error can be caused by a doctor, nurse, pharmacist or other medical professional. If a medication error caused you to suffer harm that could have otherwise been avoided, you may be eligible to claim compensation. First, you will need to prove that the medical professional treating you breached their duty of care.

Every medical professional owes their patients a duty of care. They must provide them with the correct standard of care. A failure to do so could be considered a breach of this duty.

Therefore, all medication error claims need to meet the following criteria:

  • A duty of care was owed to you by the medical professional treating you.
  • This duty was breached.
  • You suffered harm that could have otherwise been avoided.

However, if you suffered harm, such as an allergic reaction, because you did not inform your doctor you were allergic to a specific medication and this was not on your medical records when they prescribed you said medication, you might not be able to make a claim. This is because the doctor did not breach their duty of care.

Contact our advisors today to discuss your potential medical negligence compensation claim.

How Could You Be Affected By Being Given The Wrong Medication?

There are many ways why you could be affected by being given the wrong medication. And the damage you suffer could range in severity, from nausea or fatigue to anaphylactic shock or, in a worse case scenario, it could prove fatal.

The severity of the damage you may suffer would depend on your reaction to having been given the wrong mediation. For example, an allergic reaction could result in renal failure, brain damage and permanent damage to other vital organs.

If you were made to suffer having been given incorrect medication, or you are aware of someone close to you who has suffered, contact us today to speak with a clinical negligence solicitor who would assess your claim before advising on how best to proceed.

What Are Wrong Dose Medication Errors?

The definition of an error is “failure to successfully complete a course of action, whether done through ignorance or inadvertence, which therefore makes the intended aim unachievable”.

However, a wrong dose medication error is seen as a failure by a healthcare professional that either has the potential to, or leads to unnecessary harm to a patient. These errors could arise in almost any setting. In this section, we look at how the wrong dosage could cause harm.

An error in medication could be any of the following:

  • Under prescribing.
  • Over-prescribing.
  • Prescription errors.
  • Incorrect strengths.
  • Contaminants.
  • Wrong medication prescribed.
  • Incorrect labels/packaging.
  • Failure to monitor and alter dosage when required.
  • Errors in writing prescriptions (such as ineligibility).

It is therefore important for medical practitioners to detect these mistakes wherever possible and if they fail to do so and you suffer as a result, you could be entitled to seek compensation from the negligent party.

Allergic Reactions Caused By Being Given The Wrong Medication

The risk of an allergic reaction caused by the wrong medication is likely to be heightened if a pharmacist ignores, or fails to acknowledge that there are allergens in prescription drugs. This could include in a range of pharmaceutical drugs, although the most common is penicillin. However, it is also possible for this to occur in cases of patients suffering from depression and being prescribed the wrong medication.

In some cases, the blame may lie with the doctor who prescribed the drug to begin with, as this is an error on their part. Although it is sometimes possible for a medical malpractice solicitor to file a claim against a pharmacist because they essentially act as gatekeepers and should therefore, spot errors in prescriptions before dispensing them.

Harmful Drug Interactions Caused By Being Given The Wrong Medication

A harmful drug interaction could cause lifelong damage and could even be fatal if a patient is given medications which are known to interact with each other. For example, those who suffer from epilepsy are likely to increase their chances of harmful drug interaction in comparison to those who suffer from other health issues because of the medication they routinely have to take. In some cases, adverse drug reaction are preventable which means if such a situation does arise, it may be possible for a legal representative to prove it could have been avoided had the correct precautions been taken. Should this be the case and you suffered harm, you may be entitled to seek compensation by filing a medical negligence claim.

Time Limits For Medication Error Claims

The majority of medical negligence claims have a three-year time limit. This runs from the date the medical negligence took place or the date you became aware of it, known as the date of knowledge. The Limitation Act 1980 sets out this time limit. However, exceptions apply to this time limit.

For example, if the person is under the age of 18, they cannot claim for themselves until they reach this age. A claim could be made on their behalf by a litigation friend prior to this date. This could be a parent or guardian, for example.

Additionally those unable to make their own claim due to lacking the required mental capacity could have a litigation friend claim on their behalf. They would only be able to make their own claim if they regained this capacity and the time limit would run from this date.

If you would like to discuss these exceptions in more detail, please call our team of experts today.

Medication Errors – Compensation Payout Examples

There can be many different causes of medication errors. This is why the value of claims for the harm suffered by these errors will vary on a case-by-case basis. This section includes a table with some example figures for certain ailments you could sustain due to a medication error.

These figures have been taken from the most recent edition of a publication called the Judicial College Guidelines (JCG). This is used by legal professionals when they are calculating how much you should be awarded in general damages. This is the figure that compensates you for the pain and suffering caused by the medical negligence.

These figures are to be used as guidelines only. Furthermore, the first entry has not been taken from the JCG.

InjurySeverityAmountInformation
Multiple Severe Types Of Harm With Financial LossesSevereUp to £1,000,000+A compensation award for suffering multiple severe types of harm and their associated financial losses, such as medical expenses and lost earnings.
Brain DamageVery Severe£344,150 to £493,000The highest point of this bracket will include cases which reflect a serious inability to follow basic commands.
Brain DamageModerately Severe£267,340 to £344,150In short, the person will be left seriously disabled. This will mean they are substantially dependent on others.
Digestive System - Illness/Damage From Non-Traumatic InjurySevere toxicosis£46,900 to £64,070Resulting in acute pain, vomiting, diarrhoea and fever. The individual will require hospital admission for several days/weeks.
KidneySerious£206,730 to £256,780Complete loss of or serious damage that is permanent affecting both kidneys.
KidneySignificantUp to £78,080Significant risk of a future UTI or the total loss of the kidney's natural function.
Kidney Loss Of One Kidney£37,550 to £54,760No damage has been suffered to the other kidney.

When suffering from medical negligence, such as in instances of nursing medication errors, you could also experience financial loss as a result of your injuries. For example, your income may suffer if you are left unable to work on a temporary or even permanent basis. There may also be medical costs to cover, such as prescription medication.

These costs may be reimbursed to you as part of a special damages payment if you have proof, such as receipts. Get in touch today for more information on this, and subjects such as more examples of medication errors.

No Win No Fee Wrong Medication Negligence Claims

Our solicitors offer to represent all potential clients on a No Win No Fee basis, under a Conditional Fee Agreement (CFA). This means that your personal injury solicitor would work on your claim without requesting an upfront fee for their work. Additionally, if they are unsuccessful in securing a settlement for you, there would be nothing to pay for their services.

However, if your claim is successful an agreed percentage as set out in your No Win No Fee agreement would be deducted from your compensation. This is called a success fee and the law limits the percentage of this.

If you have any questions about medication error claims or working with one of our No Win No Fee solicitors, you can contact our advisors:

Medical Negligence Claim Resources

Birth Injury Claims
How much compensation could you be owed for an avoidable birth injury? Read this guide to find out more.

Needlestick Injury Claims
Were you made to suffer from hospital negligence? If so, you could be owed a settlement amount for your damages.

Claims Against The NHS
If you feel that you were made to suffer avoidable harm during your time at an NHS hospital, you could make a claim for compensation.

Medication Errors Policy
Information by the Black Country Partnership NHS about medication errors.

Preparation And Dispensing Errors Legislation
The Pharmacy Order 2018

Other Medical Negligence Claim Guides