In this guide, we will look at how medication errors by nurses can occur. If you’ve been harmed unnecessarily by a breach of duty of care on the part of a nurse, you could be entitled to claim.
Medication Errors By Nurses Claims Guide
This guide will look at how medication errors by nursing staff could occur. We’ll also break down the different forms of compensation you could receive following a successful medical negligence claim.
If you are looking for more information on how to start your medical negligence claim following a medication error, you can contact our team of friendly advisors. They are available 24 hours a day, 7 days a week, to offer you free legal advice and answer any questions you may have regarding your potential claim.
To speak with an advisor today:
- Call us on 0800 652 3087
- Contact us through our website.
- Speak to one of our advisors through our live chat feature.
Select A Section
- What Are Medication Errors By Nurses?
- Causes Of Medication Errors In Nursing
- How To Report Medication Errors In Nursing
- When Could You Claim For Medication Errors In Nursing?
- What Could You Claim For Medication Errors By Nurses?
- Could I Make A No Win No Fee Claim?
What Are Medication Errors By Nurses?
Medication errors can occur at any stage in the prescribing, preparing, dispensing, administration and monitoring of medication. They are classified as patient safety incidents (PSI). Medication errors can happen in various medical settings such as hospitals, pharmacies or care homes. Additionally, many different kinds of healthcare professionals could be responsible for them, including doctors and nurses.
If you can supply evidence that a medication error by a nurse has caused you unnecessary harm, due to them breaching their duty of care, you may be eligible to make a medical negligence claim. We will discuss what a nurse’s duty of care is in the next section.
If you would like more information on medication errors by nurses and how you could claim, speak to our advisors today. If you have a valid case, you could be connected with a No Win No Fee lawyer from our panel.
Standards For Nurses And Nursing Staff
All medical professionals in the public and private healthcare sectors, including nurses, have a duty of care to their patients. Per this duty, they must provide care of a minimum standard. If a nurse were to breach this duty of care, you could become harmed.
Remember, in order to have a valid medical negligence claim following medication errors by nurses, you must prove:
- The nurse owed you a duty of care.
- The nurse breached this duty of care.
- You suffered harm because of this.
In some cases, harm is necessary or unable to be avoided when you’re receiving medical treatment. For example, you might take a medication that you need to treat a condition that you have but that carries with it unpleasant side effects. This would not form the basis of a claim.
Furthermore, complications relating to medication can occur when the duty of care has been adhered to. For example, you might be given a drug that you have an unknown allergy to and this makes you ill, you would not be able to claim.
Call us today for some free legal advice regarding your specific claim. If your case is valid, you could be connected with a lawyer to work on your case.
Causes Of Medication Errors In Nursing
There are various ways medication errors by nurses could occur, for example:
- A nurse provides a patient in a care home with the wrong medication due to mislabelling.
- A nurse in a hospital gives you the wrong dosage of your medication. This causes an overdose.
- A nurse prescribes you medication that contained something you are allergic to, even though they were aware of this allergy, causing you to suffer an allergic reaction.
Call an advisor today for guidance regarding medication error claims. They can offer you free legal advice about the validity of your case, and give you an estimate of the amount of compensation you could be entitled to.
Medication Errors Statistics UK
A study by the British Medical Journal (BMJ) revealed that an estimated 237 million medication errors occur every year in England. Additionally, the report revealed that these medication errors cost the NHS over £98 million per year.
The majority of these medication errors occur in the administration phase (54%), prescribing phase (21%) and dispensing (16%).
How To Report Medication Errors In Nursing
If you have been harmed due to medical negligence in a healthcare setting, then you can make a report to the relevant institution. Furthermore, the Yellow Card Scheme can be used to report suspected side effects for medication amongst other incidents.
Any reports made to a medical institution following medication errors by nurses could be used as potential evidence to support your claim. Speak with our advisors today for further guidance on the potential evidence needed.
When Could You Claim For Medication Errors In Nursing?
The following must be proven in order for claims to be made for medication errors by nurses:
- You were owed a duty of care.
- This duty of care was breached,
- Because this duty of care was breached, you suffered avoidable harm.
Additionally, you must ensure that your start your claim within the correct time limit. For medical negligence claims, this is generally 3 years from the date of the incident, or the date when you connected the harm you experienced with negligence
In certain circumstances, these time limits can vary. For example, the time limit may be different if the claimant was under 18 when the incident occurred or if the claimant is unable to pursue their own case because they lack the mental capacity to do so.
If you call one of our advisors today, they can provide you with information and advice. They’ll also be able to discuss whether your claim is still within the time limit. If you need any further advice, then contact one of our team members today.
What Could You Claim For Medication Errors By Nurses?
Compensation for medical negligence claims could be separated into general and special damages.
Special damages compensate you for any financial loss that you have suffered due to the harm caused by medical negligence. Special damages can include:
- Loss of wages due to having time off from work.
- Travel expenses.
- Medication expenses.
To successfully claim for special damages, you will need to provide evidence of these losses, such as bank statements.
General damages compensate for the pain and suffering you have suffered due to medical negligence. Again, just like with special damages, you will need to provide evidence of this suffering, such as a copy of your medical records.
To help you understand how much you could receive in compensation for general damages, we have created the following table. We have created this table using the amounts listed in the 16th edition of the Judicial College Guidelines, published in April 2022. This document is used by legal professionals to help value various claims. Please only use this table as a guide.
| Injuries | Description | Compensation |
|---|---|---|
| Kidney | (a) Both of the kidneys have sustained serious damage or been lost. | £169,400 to £210,400 |
| Kidney | (b) The risk of infections have increased significantly e.g urinary tract infection. | Up to £63,980 |
| Kidney | (c) One kidney has been completely lost. The other kidney has suffered no damage. | £30,770 to £44,880 |
| Bladder | (b) The bladder has completely lost it's natural function and control. | Up to £140,660 |
| Bladder | (c) Some incontinence and pain and the bladders control has been seriously impaired. | £63,980 to £79,930 |
| Deafness/ Tinnitus | (a) Total Deafness and Loss of Speech - A rubella infection may have caused deafness in at an earlier age. This will impact the normal development of speech. | £109,650 to £140,660 |
| Digestive System | (a) Damage Resulting from Traumatic Injury (i) - Persisting discomfort and pain due to severe damage to the digestive system. | £43,010 to £61,910 |
| Digestive System | (b) (i) - Severe toxicosis that causes vomiting, acute pain and diarrhoea. May have to spend a period of time in hospital. | £38,430 to £52,500 |
| Impairment of Taste And Smell | (c) Total loss of smell. | £24,990 to £32,900 |
| Spleen | (b) There are minimal risks of internal infections or the spleen being lost. | £4,350 to £8,640 |
If you would like more information on whether you could claim compensation for medication errors by nurses, contact us today.
Could I Make A No Win No Fee Claim?
If you decide that you would like to pursue a medical negligence claim, a solicitor from our panel may be able to take on your claim with a No Win No Fee agreement in place. There are different kinds of No Win No Fee agreements, such as a Conditional Fee Agreement, and they include many benefits. Benefits include usually not having to pay the solicitor anything upfront to begin your claim.
For a successful case, you’ll pay a success fee to your solicitor for their legal services. This is a legally capped amount taken from your compensation. Alternatively, for an unsuccessful case, you generally won’t pay anything for the legal services of your solicitor.
If you still have any questions regarding medication errors by nurses or how to start a claim, our team of advisors can help you. They are available 24/7 to answer any of your questions regarding medical negligence claims.
Speak with our advisors today:
- Call us on 0800 652 3087
- Contact us through our website.
- Speak to one of our advisors through our live chat feature.
Further Information On Medication Errors
For more articles about medical negligence:
- GP medical negligence compensation claims.
- Claiming if a dentist pulled the wrong tooth out
- Medical negligence compensation calculator.
Additional information can be found at:
- NHS Resolution – Learning from medication errors.
- General Medical Council (GMC) – Patient guides and materials.
- Care Quality Commission (CQC) – Find a hospital.
If you would like more information on making claims for medication errors by nurses, speak with an advisor today.
Guide by Morgan
Edited by Fern