Medication Errors And The Effects On Patients – Could I Make A Compensation Claim?

Medication Errors And The Effects On Patients

Medication Errors And The Effects On Patients

Medication errors and the effects it has on patients can be damaging to their physical and mental health.  Have you recently suffered harm due to taking the wrong medication and are now wondering whether you have a valid medical negligence claim? If so, this complete guide on legitimate medical negligence claims may provide you with the relevant information you have been looking for.

This guide looks at how you may be eligible for compensation if a healthcare provider failed to provide you with the correct standard of care.  Additionally, we will discuss how a medication error could occur and the harm this could cause.

If you have any additional questions after finishing this guide, please get in contact with our advisors. Our friendly team are available 24/7 to offer you free legal advice in regard to your potential medical negligence claim.

To speak to an advisor today, you can:

Select A Section

  1. What Are Medication Errors?
  2. Who Is Most Affected By Medication Errors?
  3. How Common Are Medication Errors In The UK?
  4. What Effects Could Medication Errors Have On Patients?
  5. What Could You Claim For Medication Errors And The Effects On Patients?
  6. No Win No Fee Claims For Medication Errors And The Effects On Patients

What Are Medication Errors?

All medical professionals in the public or private sectors have a duty of care to their patients. They are obliged to meet a minimum standard of healthcare delivery to avoid patients suffering unnecessary harm. This includes the prescribing or administrating of medication.

Medication errors and the effects they have on patients are described as a Patient Safety Incident (PSI). Additionally, a medication error can occur at any stage of the prescribing, administrating, preparing, dispensing or monitoring of medication.

Medication errors could happen in various environments, such as a pharmacy, hospitals, or care homes. Additionally, many medical professionals are involved in the treatment and medication process, such as a GP, a doctor, pharmacists or nurses.

When making a claim for medication errors, you have to be able to prove that the medication error occurred because a medical professional breached their duty of care. Because of this, you suffered unnecessary harm.

Call us today to find out whether you have a valid medical negligence claim.

Who Is Most Affected By Medication Errors?

The British Medical Journal (BMJ) reported (using estimates) that medication errors occur the most in care homes at 42% even though they have fewer patients than other sectors. They also reported that medication errors occur the least in primary care at around 38%; the percentage is high because of the sector size. Additionally, hospitals are responsible for 1 in 5 medication errors.

Furthermore, in regard to the harm caused by medication errors, BMJ reported that:

  • 72% are minor.
  • Just under 26% have the potential to cause moderate harm.
  • 2% could potentially result in serious harm.

How Common Are Medication Errors In The UK?

Additionally, the BMJ estimates that over 237 million medication errors occur annually in the UK. Medication errors were seen to happen at every stage of the medication process, with 54% happening at the point of administration. 21% of errors happened during prescribing, and 16% occurred during dispensing.

Call our team today for more information on claiming for medication errors and the effects they have on patients.

What Effects Could Medication Errors Have On Patients?

Negative effects on patients caused by medication errors can be very wide-ranging. Some adverse reactions may go unnoticed, whilst other incorrect drugs could cause various consequences of various severities.

For example:

  • Adverse drug reaction due to taking two medications that cannot be taken at the same time as your notes were not checked to see what other medication you were taking.
  • Allergic reaction due to your doctor prescribing you something you are allergic to, even though it’s stated in your medical records.
  • The wrong dosage of medication causes you to have an overdose
  • A pharmacy gives you another person’s medication therefore, you not only suffer effects from the incorrect medication, but your own condition deteriorates due to the absence of the right medication.

Again, it’s important to be clear that a medical professional acting professionally and fully in accordance with their duty of care cannot be liable for an unforeseen health problem. In order for your claim to be valid, you need to be able to prove that a medical professional breached their duty of care and that this is what caused you avoidable harm.

If you would like more information on claiming for medication errors and the effects it has on patients, call us today.

What Could You Claim For Medication Errors And The Effects On Patients?

When pursuing a medical negligence claim, you could seek compensation for both general and special damages. General damages provide you with compensation for harm caused by medical negligence and how this impacted your quality of life. You will need to provide evidence, such as a copy of your medical records, to make a successful claim for general damages.

Using the most recent edition of the Judicial College Guidelines (JCG) published in April 2022, we have created the following table. The provided compensation brackets are to help you gain a clearer understanding of how much compensation you could receive in general damages. Additionally, we have used the compensation figures listed in the JCG because many legal professionals will use this document to help them whilst valuing claims.

You should only use this table as a guide, as specific factors to your claim will affect how much compensation you could receive.

InjuryNotesAmount
Kidneys(a) Serious, permanent damage or complete loss of both kidneys£169,400 to £210,400
Kidneys(b) Significant risk of future urinary infections or loss of natural kidney function.Up to £63,980
Kidneys(c) One kidney is lost and the other is not damaged.£30,770 to £44,880
Bladder(a) Double incontinence with other medical complications.Up to £184,200
Bladder(c) Some incontinence and pain with serious impairment of bladder control.£63,980 to £79,930
Bowels(b) Loss of natural bowel function with possible requirement for colostomy.Up to £150,110
Spleen(a) Loss of spleen: there's a risk of internal infections.£20,800 to £26,290
Digestive System(b)(ii) Serious but short-lived illness that causes vomiting, discomfort and disturbed bowel function.£9,540 to £19,200
Digestive System(b)(iii) Cramps, altered bowel function and hospital admission for some days.£3,950 to £9,540

In addition to this, special damages provide you with compensation for the financial losses due to the harm caused by medical negligence. You could claim for both past and future expenses. Financial losses could include:

  • Additional costs for private healthcare.
  • Medical aids or medications.
  • Domestic care from family or friends or a paid carer.

However, you will have to provide documented proof of your financial losses, such as invoices or bank statements.

Additionally, you need to ensure that you start your claim within the relevant time limit. This is generally:

  • 3 years from the medical negligence.
  • 3 years from the date it was first realised that you had suffered from medical negligence.

No Win No Fee Claims For Medication Errors And The Effects On Patients

The prospect of handling a medical negligence claim on your own may seem overwhelming. An experienced solicitor from our panel may be able to help you with your claim on a No Win No Fee basis.

There are variations of No Win No Fee agreements, one of them being a Conditional Fee Agreement. There are many benefits to using a No Win No Fee agreement, such as there being nothing to pay upfront to hire a solicitor.

Additionally, cases that win will pay a success fee to their solicitor. This is taken from your compensation and is legally capped. Alternatively, if the case is unsuccessful, there is no payment to the solicitor for their services.

If you would like to learn more about No Win No Fee agreements for claims concerning medication errors and the effects they have on patients, contact us today. Our team of advisors can answer your questions regarding medical negligence and can offer you free legal advice.

To speak to an advisor today, you can:

Learn More About Medication Errors and the Effects On Patients

For more articles regarding medical negligence:

Additional resources are available at:

Contact us today for more information on claiming for medication errors and the effects it has on patients.