Prescription Errors Compensation Calculator

Prescription Errors Compensation Calculator

Prescription Errors Compensation Calculator

Are you wondering whether you could make a medical negligence claim for prescription errors? If you have suffered harm because a medical professional breached their duty of care to you, you may have the basis of a valid claim.

In this guide, we will explore how a medication error could occur in both the public and private healthcare sectors and who may be liable for them. Also, we will share some examples of how a prescription error could happen and the potential compensation you could receive if you suffered harm as a result of this.

If the wrong prescription has caused you harm, you may have a claim. To find out whether your claim is legitimate, speak with our claims team. Our team is available now to assess for free your potential medical negligence claim.

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What Are Prescription Errors? 

The NHS classes medication errors as patient safety incidents (PSI). They can happen at any stage of prescribing, preparing, dispensing, administration and monitoring of medication.

Various healthcare professionals, such as doctors, GP or pharmacists, could be responsible for a prescription error. Also, they could occur in a GP surgery, Dentist, hospital, pharmacy or even a nursing home.

However, to be able to make a valid medical negligence claim for a prescription error, you must prove that you suffered avoidable harm due to a medical practitioner breaching their duty of care.

All medical practitioners in the private and public healthcare sectors owe you a duty of care when they agree to treat you. Per this duty of care, they must ensure that all their patients receive the correct standard of care. This also includes ensuring that you are being given a suitable prescription for your condition/illness.

If a medical professional were to provide you with the wrong prescription, you could suffer harm to your health. In the next section, we shall provide some examples of how a prescription error could occur.

Call our advisors today for more information on claiming for prescription errors.

Common Prescription Errors 

There are various ways that prescription errors could occur. For example:

  • A doctor prescribes you medication that contains a known allergen.
  • A GP does not assess what current medication you are taking before prescribing your new medication. This new medication interferes with your old medication.
  • A pharmacy hands you someone else’s medication as they do not ask you to confirm your prescription.
  • A pharmacist takes the wrong medication off of the shelf when preparing your prescription.
  • A nurse gives you incorrect information about how much or little of the medication you should take.
  • A medical professional misdiagnoses your condition, resulting in them prescribing you the wrong treatment.

If you have suffered unnecessary harm because of medical negligence, you may have the basis of a valid claim. Contact one of our advisors today for information regarding successful medical negligence claims.

How Could A Prescription Error Affect  You?

Ensuring that you receive the appropriate treatment for your illness/condition is part of a medical practitioner’s duty of care to you. However, if you were to be given the incorrect prescription, you could suffer unnecessary harm. For example:

  • If you were given medication that contains something you are allergic to, you could suffer an allergic reaction.
  • Being given the wrong dosage of your medication could affect your health. Too much could cause an overdose, and too little could mean your condition takes longer to improve.
  • Being provided with the wrong prescription could cause various consequences to your health, such as rashes, vomiting or even organ damage.

For a prescription error claim to be legitimate, you must ensure that you can prove that you suffered harm due to healthcare staff breaching their duty of care.

For some free legal advice concerning your specific claim, you can contact one of our friendly advisors.

When Could You Claim For Prescription Errors?

As we have previously stated, to make a valid claim for medical negligence following prescription errors, you must prove that a medical professional breached their duty of care and, as a result, you suffered harm. Just because you are prescribed a medication that is not suitable for you or even a totally incorrect medication, it does not automatically mean you have a valid case.

Evidence is crucial for proving that medical negligence occurred and could help support your claim. Some of the potential evidence you could supply include:

  • Correspondence with the medical institution where the prescription error occurred.
  • A copy of your medical records or your prescription form proving that you were prescribed the incorrect medication.
  • A copy of your medical records stating your symptoms following the prescription error and any further treatments you may have needed.

Importantly, you must ensure that your claim is started within the correct time limits. The time limits for medical negligence claims generally are:

  • 3 years from the date of medical negligence
  • 3 years from the date you realised that you had suffered from medical negligence

To find out whether you are still within the time limit to start your claim, contact our advisors today.

Calculating Damages For Prescription Errors 

Settlements for successful medical negligence claims for prescription errors could be divided into general and special damages.

General damages aim to compensate you for medical negligence. Providing evidence that you have suffered harm, such as your medical records, could help support your claim for general damages.

The following table has compensation brackets from the most recent edition of the Judicial College Guidelines (JCG). Many legal professionals will use the JCG to help assist them when valuing general damages.

However, this table should only be used as a guide. How much you may receive will depend on the specific claim you are making.

Harm SufferedComments JC Guideline Brackets
Kidney (a) Either the loss of both kidneys or permanent serious damage to them.£169,400 to
Kidney (b) The person is at a significant risk of contracting a urinary tract infection in the future. They are also at risk of losing the natural function of the kidney.Up to £63,980
Bowels(a) Instances where the person is left with loss of natural bowel function as well as loss of urinary function and other medical complications.Up to
Bowels(b) Loss of natural bowel function and may depend on a colostomy (dependent on age).Up to
Deafness/Tinnitus(a) The person suffers total deafness and loss of speech.£109,650 to £140,660
Bladder(b) Complete loss of both bladder control and function.Up to
Bladder(c) Where bladder control is seriously impaired. The person also has some incontinence as well as pain.£63,980 to
Injuries Affecting Sight(f) One eye suffers an incomplete loss of vision. However, no reduction of vision in the remaining eye or no significant risk of loss. £23,680 to £39,340
Spleen(a) Awarded where the person has lost their spleen. They are at risk of developing internal infections and disorders as a result of damage to their immune system.£20,800 to
Spleen (b) There is minimal risk after loss of spleen. £4,350 to

Special damages aim to compensate you for the financial losses you have suffered due to medical negligence. This can include both past and future losses, such as:

  • Travel expenses.
  • Loss of wages.
  • Paying for private medical treatment.

Just like with general damages, supplying evidence of these financial losses could help support your claim for special damages. Potential evidence could include bank statements, invoices and receipts.

Contact an advisor today if you have any questions about claiming compensation for a prescription error.

Get Help With Claiming For Prescription Errors 

A Conditional Fee Agreement CFA could be your choice of funding method when it comes to hiring legal representation. A CFA is a type of No Win No Fee Agreement that has general benefits such as:

  • No fees upfront are required for your solicitor
  • Not having to pay the solicitor if the claim fails.
  • Only paying a small success fee out of your compensation if the claim is successful.

If you would like more information on No Win No Fee agreements or on making a claim for prescription errors, you can contact the claims team. Our team can answer any questions you may have about your specific medical negligence claim.

To talk with an advisor today:

Medication Negligence Resources

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Contact our claims team for more information about medical negligence claims for prescription errors.