On this page, we will use an example case study to act as an online guide to claiming a compensation payout for a prescription error. The example case study looks at how a person was able to claim £60,000 following a prescription error made by their GP.
You could need answers to questions that this guide doesn’t provide. If so, please make a call and speak to our team of advisors. They can address your questions, and also give you some advice on how to make a claim for medical malpractice. This would follow a similar process to making an injury claim using a personal injury solicitor. You can contact our team on 0800 652 3087.
Choose A Section:
- A Guide To Claiming Compensation For A Prescription Error
- What Is Medical Negligence By A GP?
- What Are The Most Common Types Of Prescription Error?
- Prescription Error Compensation Case Study
- What Type Of Allergic Reaction Did The Claimant Suffer?
- How Much Compensation For A Prescription Error Could I Claim?
- How To Start A Claim For A Prescription Error By A GP
- No Win No Fee Medical Negligence Claims For Prescription Errors
- Contacting Our Medical Negligence Team
- Medical Resources
A Guide To Claiming Compensation For A Prescription Error
This online guide to claiming for prescription error compensation, will use an example case study to demonstrate how such a claim would proceed, and why it could be successful. The process for making a clinical negligence claim is similar to that of making a personal injury claim.
The first section of this guide tries to show how a GP could be negligent, and the kinds of mistakes they could make. We have also provided a section that lists some of the common mistakes that are made with a prescription.
We then move on to give an example cases study, that shows how a victim of GP negligence was harmed due to being given the wrong medication, and how they were able to successfully claim £60,000 in damages because of this. This part of the guide includes a discussion of the kind of reaction the victim suffered.
The final sections of this guide are given over to facts and information related to the financial part of claiming. We have added a list of some of the kinds of damages you might be able to claim for, and also a table that could help you work out how much compensation you could receive for your own claim. You will also find a basic overview of the process of making a No Win, No Fee claim, and why this could be the right fee model for you.
You might need more information than this guide provides. For example, you may need to know the medical negligence claims time limit that will apply in your own case. Whatever help you need, our team is here to help. Just give them a quick call and talk your claim over with them on the telephone number at the bottom of the page.
What Is Medical Negligence By A GP?
Some NHS medical negligence cases relate to mistakes made by a GP. Your GP acts as the gatekeeper to the National Health Service (NHS). Performing the initial diagnosis and treating what medical conditions they can, and referring others on to the correct healthcare unit.
Your GP has the same duty of care towards you, the patient, that every other medical professional has. When the GP fails to meet this duty of care, for example, a prescription error by a GP harms a patient, then it could be possible for a claim to be made. The patient that has been harmed will need to prove that negligence took place, in order for a claim to be possible for the harm they have suffered.
What Are The Most Common Types Of Prescription Error?
According to statistics published by the General Medical Council, a study that examined GP surgeries in England, found the most common kinds of errors made by a GP, in relation to prescription issues, are:
- 30% of all prescription issues, involved incomplete information being given in the prescription.
- 18% of all prescribing errors, were the result of the wrong dosage being given to the patient.
- 11% of all medication mistakes, were the result of the wrong schedule for taking the medication being given to the patient.
Prescription Error Compensation Case Study
In this example case study, we look at how a medical negligence lawyer successfully secured £60,000 in compensation for a middle-aged woman who was the victim of medical negligence.
The woman had visited her GP with some chest infection symptoms, complaining that she felt quite poorly. The GP examined her and prescribed a course of penicillin-based antibiotics to treat the condition. Unfortunately, the GP failed to take notice of the woman’s medical record, that clearly showed that she suffered a severe allergy to penicillin.
The woman returned home and took her first dose of the medication. She suffered an almost immediate allergic reaction. Symptoms were severe, including sweating, a racing pulse and problems breathing. Her husband called for an ambulance, but before it arrived the woman had become unconscious.
The first responders that arrived with the ambulance found the woman unresponsive, with very low blood pressure and shallow, rapid breathing. This was seen as an indication of the patient suffering from anaphylaxis. The patient was treated on the way to the hospital, and made stable. Once the ambulance arrived at the hospital the patient was given an emergency stomach pump, and was administered a shot of epinephrine after wards. This rallied the patient, and she came around from being unconscious.
Even though she was stabilised quite quickly, she continued to exhibit quite severe symptoms for several days, and eventually had to spend weeks in the hospital. When she was discharged, she had lost weight, and was still very weak and unable to go to work.
Her husband talked her into making a complaint before contacting a negligence solicitor for more help. The solicitor began processing a claim on the woman’s behalf and liability was admitted and offered an out of court settlement of £60,000. This included compensation for the pain and suffering, as well as to make up for the loss of earnings due to taking months off work.
What Type Of Allergic Reaction Did The Claimant Suffer?
The mistakes by a GP, caused the claimant significant pain and suffering. She was forced to go through a very serious case of anaphylaxis due to an allergic reaction, almost severe enough to kill her. She spent weeks in the hospital, losing weight during this time, and had to take months away from work.
How Much Compensation For A Prescription Error Could I Claim?
You might be able to use a personal injury claims calculator to find out how much you could claim for GP mistakes. This table we have provided could also be helpful. It is based on the Judicial Guidelines used in English courts.
|Type of Harm
|(a) Either both kidneys have been seriously and permanently damaged, or they have been lost.
|£169,400 to £210,400
|(b) There is a risk of the kidney loosing its natural function as well as future urinary tract infections.
|Up to £63,980
|(c) Despite loosing one kidney, the other suffers no damage.
|£30,770 to £44,880
|(a) A total loss of the bowel and urinary function, with double incontinence.
|Up to £184,200
|(b) Depending on the person's age, they may depend on a colostomy due to the complete loss of the bowels natural function.
|Up to £150,110
|(b) A complete loss of the bladder's control and function.
|Up to £140,660
|(c) Some pain and incontinence with a serious impairment to the control of the bladder.
|£63,980 to £79,930
|(b)(i) Hospital admission due to severe toxicosis that causes a fever, acute pain and vomiting.
|£38,430 to £52,500
|(a) The immune system is damaged due to the spleen being lost. This also causes a continuing risk of developing internal infections.
|£20,800 to £26,290
|(b) Minimal or no risks or present despite suffering an injury to the spleen.
|£4,350 to £8,640
How To Start A Claim For A Prescription Error By A GP
Have you been harmed by a pharmaceutical error on the part of your GP? Did you know that it might be possible for you to make a claim for medical negligence? Follow these three steps below to get the legal help you need today:
- Speak to our team to have your questions answered and to begin our new claims process.
- An advisor will evaluate your claim for you and recommend a course of action.
- A solicitor working under a No Win, No Fee agreement will process your claim for you.
No Win No Fee Medical Negligence Claims For Prescription Errors
Another term for a No Win, No Fee agreement, is a Conditional Fee Agreement (CFA). A CFA is a legal contract that will secure you the legal help you need, while not exposing you to much financial risk.
When one of our panel of solicitors takes your claim on under a CFA, you won’t pay a new claims fee, or any fee while the solicitor is working on your claim. You also won’t pay the lawyer’s fees if the claim is not a success.
If the claim is a success, then your lawyer will ask you to pay a success fee. This is capped at 25% of the claim value, and will be taken from the compensation payment the solicitor has received for you. They will then send you the money that is leftover. As you can see, you don’t pay any of your solicitor fees at all unless your claim is a success. Speak to one of our claim advisors for more information about making a No Win, No Fee claim today.
Contacting Our Medical Negligence Team
Do you need an experienced medical negligence solicitor to help you to claim for a pharmaceutical error? Are you ready to move your claim forward today? If so, you can contact our team on 0800 652 3087. One of our claim advisors will evaluate your claim for you, answer your questions, and let you know how we can best help you to get your claim started.
These web pages have useful, additional information:
You could also read these other claims guides, they could be useful to you:
Written by Mac
Edited by LisM.