Wrong Dosage Negligence Claims Guide

By Mark Ainsdale. Last updated 19th July 2021. Welcome to our “doctor prescribed wrong dosage” guide. Were you made to suffer due to the wrong dosage of medication? Has an under-prescription provided by a doctor caused an existing condition to deteriorate? If that is the case, you could search for a personal injury solicitor to handle your compensation claim.

This online wrong prescription claims guide shall provide information regarding our panel of solicitors, discussing how they could assist those affected by a medical error. Throughout this online guide, it shall outline the different ways a third party that owes you a duty of care could breach their obligation, potentially causing injury or harm.

Wrong medication prescribed by doctor

Wrong medication prescribed by doctor

If, at any point when reading this guide, you have a question, or if you are ready to discuss your claim for maximum compensation, please contact a member of our team. Our knowledgeable team of advisers are always happy to take your call and speak to you at greater length. Plus, our phone lines are free to call and are open 24 hours a day, 7 days a week, to discuss doctor prescribed wrong dosage claims.

Select A Section

  1. A Guide To Medical Negligence Claims If A Doctor Prescribed The Wrong Dosage
  2. What Is The Definition Of A Medication Error?
  3. Statistics Relating To Medication Errors
  4. How To Show A Medical Professional Was At Fault
  5. Harm Caused By Prescribing An Ineffective Dosage Of A Medication
  6. Harm Caused By Underdosing Of A Medication
  7. Harm Caused By Overdoses And Over Prescriptions
  8. Calculating Claims Where A Doctor Has Prescribed The Wrong Dosage
  9. Could Medical Negligence Assist Help Me?
  10. Time limits To Claim If You Were Prescribed The Wrong Dose
  11. No Win No Fee Claims If A Doctor Prescribed You The Wrong Dosage Of A Medication
  12. Contact Medical Negligence Assist
  13. Supporting Information

A Guide To Medical Negligence Claims If A Doctor Prescribed The Wrong Dosage

We install a significant amount of trust into medical professionals, as they have the knowledge and expertise to assist us when we become injured or sick. Medical professionals, such as doctors, nurses and pharmacists, are held to a high code of ethics, which ensures the safety of their patients is the top priority. However, if a medical professional were to deviate from their duty of care, it could lead to a series of unfortunate events.

Unfortunately, there are various ways the negligence of a third party could lead to injury or harm, and you may have found this guide when searching for legal advice and support. Throughout this guide, it will look at what steps to take when making a claim and how much compensation could be awarded for a medical negligence claim. This online doctor prescribed wrong dosage guide will also answer questions such as:

  • What is medical negligence?
  • What is a personal injury claim?
  • What are my rights if I have been given the wrong medication?
  • What are the effects of the wrong dose of medication?
  • How could Medical Negligence Assist help me?

If you have suffered after a doctor prescribed the wrong dosage, you could have grounds to make a claim. If you have been harmed, please read through this online guide, as it shall provide information that could be of use. Once you have read this guide, why not contact a member of our team? Our advisers are incredibly knowledgeable and can offer free legal advice.

What Is The Definition Of A Medication Error?

When visiting a medical professional, it is more than reasonable to expect a high standard of care. After all, medical professionals have a duty of care to their patients to ensure their safety and wellbeing is the most top priority. The General Medical Council (GMC) state that the responsibilities of all medical professionals are to be safe, knowledgeable, have open communication and maintain a level of trust. However, if a medical professional were to deviate from their duty of care, it could lead to a medical error.

A medication error could cause adverse side effects, and in some cases, it could cause pre-existing conditions to deteriorate. A medication error is when a patient is prescribed or dispensed with medication or treatment that is not correct for them. Here are ways this could happen;

  • Given the wrong medication.
  • Prescribed wrong dosage by a doctor
  • Prescribed medicines that have an adverse reaction with other medication you are already taking.
  • Provided medication that could cause an allergic reaction.

If you are given ineffective medication, it could lead to additional complications, pain, and suffering. If that is the case, then you could have grounds to make a medical negligence claim. For more information about making a doctor prescribed wrong dosage claim, please contact a member of our team today.

Statistics Relating To Medication Errors

Based on a case study published by the General Medical Council, one in twenty prescriptions written by GP’s included an error. In 2012, research into medication errors discovered that four in ten patients (over 75) had prescription errors. The report said how common prescribing errors are in general practice 42% of errors were thought to be minor, 54% moderate, and 4% severe. The study evaluated 15 GP surgeries, took place over 12 months and looked at 6,048 prescriptions.

How To Show A Medical Professional Was At Fault

To claim medical negligence, the onus is on the claimant to prove that the medical professional breached their duty of care through negligence, causing a patient in their care to suffer avoidable injuries. The GMC state that those who prescribe and dispense medication must have a strong understanding of medicine conduct and maintain their knowledge and skill set. The Standards also raise this point for Pharmacy Professionals by the General Pharmaceutical Council. A failure to comply with these obligations could make the pharmacist liable in the event of an incident. And that makes them the potential defendant for a doctor prescribed wrong dosage claim.

Harm Caused By Prescribing An Ineffective Dosage Of A Medication

Medication could be ineffective if it is prescribed for the wrong injury or if it is of the wrong dosage. If you visit a medical professional regarding a health concern, you rightfully expect to be prescribed the appropriate medication of the right dosage. However, if you are prescribed the wrong medication or incorrect dosage, it could lead to additional complication’s and not treat the primary concern. If that is the case, then you could have grounds to claim compensation. Examples could include:

  • Being prescribed the correct medication but the wrong dose.
  • Or being prescribed the wrong medication entirely
  • Being prescribed medication that interacts with mediations you are currently taking
  • Or being prescribed medication that is not treating your current condition.

Harm Caused By Underdosing Of A Medication

Being prescribed the wrong dosage of medication has the ability to cause a plethora of complications and health-related issues. Taking an incorrect prescription could cause mild symptoms such as nausea and headaches; however, in severe cases, those that are prescribed the wrong medication could experience:

  • Liver damage
  • Disability
  • Seizures
  • Anaphylactic Shock (allergic to an ingredient)

In addition to illness that could be caused, being prescribed the incorrect prescription could mean you aren’t receiving the treatment you need. Therefore, the health concern could potentially worsen, and in some cases, inflict like-changing consequences. If you have been prescribed medication that is the wrong dosage, you could have grounds to claim compensation, but only if it can be proven you have suffered harm by not receiving enough of the medication. Here at Medical Negligence Assist, we could connect those affected by improper dosage prescriptions to a solicitor from our panel. Please speak to us today about your potential doctor prescribed wrong dosage claim.

Harm Caused By Overdoses And Over Prescriptions

More and more people rely on prescription medication to help with their health conditions. For example, those who suffer from chronic pains might require painkillers to help aid their life-long condition. A failure to provide the correct dosage could lead to serious health implications. Unfortunately, various salutations could cause overprescribed medication errors. To illustrate how a third party could be at fault, we have provided some examples.

  • Diagnosis Error – This is where a patient could be misdiagnosed, leading to the wrong medication being provided.
  • Prescription Errors – This is where a patient is prescribed medication that is not correct or applicable to their health concern.
  • Transcribing Errors – If a doctor were to prescribe medication in unclear writing, this could lead to confusion and misinterpretation. Doctors must provide clear and concise information. Otherwise, this could lead to a medication error.
  • Administrative Errors – An error of this nature could lead to injury or suffering, as it could cause improper labelling on the packaging, incorrect dosages, and various other issues.

Calculating Claims Where A Doctor Has Prescribed The Wrong Dosage

Two categories of damages could be awarded to those that have been affected by medical negligence. The information within the table below falls into a category known as ‘General Damages’, which could be awarded to those who have endured a degree of physical injury or psychological trauma. The calculations within the table are based on the Judicial College Guidelines (JC Guidelines). It is worth remembering that all compensation claims will reflect the severity of the damages. Therefore, the compensation you could be entitled to may differ from the figures listed below.

InjuryThe Severity of the InjuryAmount AwardedInjury Description
Non-Traumatic Injury (Toxicosis/food poisoning)Minor£8,950 to £18,020A non-traumatic injury of this nature is often expected to be shorted lived, but display symptoms such as diarrhoea, vomiting, and discomfort. In most cases, illness or damage caused will heal within several weeks remaining discomfort and disturbance of bowel function and impact on sex life and enjoyment of food over a few years.
Non-Traumatic Injury (Toxicosis/food poisoning)Severe£36,060 to £49,270Severe cases of toxicosis are expected to cause acute pain, vomiting, and diarrhoea. In most cases of this severity, hospital admission will be required.
Kidney Injury£28,880 to £42,110An injury of this nature is often associated with the loss of one kidney. An injury within this bracket would be expected to cause no damage to the other kidney or display signs of major complications.
Kidney Injuryup to £60,050A kidney injury of this nature is often expected to include significant risk of future urinary tract infections, or, the total loss of natural kidney function. In cases such as this, it will most likely cause substantial medical expenses.
Kidney InjurySevere£158,970 to £197,480An injury of this nature is often expected to cause serious and permanent damage to, or, the loss of both Kidneys. As a result, there will be pain, adverse effects, and life-altering implications.
Brain DamageLess Severe Brain Damage£14,380 to £40,410In cases of this nature, the affected individual would be expected to make a full recovery. The affected individual would also be expected to take part in society, but could display signs such as poor concentration, memory loss, and mood swings.
Brain DamageModerate Brain Damage£140,870 to £205,580In cases of this nature, the affected individual would be expected to have a personality change, sensory impairment, epilepsy, and no prospect of employment.
Brain DamageVery Severe Brain Damage
£264,650 to £379,100A severe case of brain damage would be expected to have a life-altering affect. Symptoms include sensory impairment, inability to communicate, epilepsy, physical limitations. The higher end of the bracket would involve a restrict life expectancy, quadriplegic cerebral palsy, and cognitive disabilities.

This section of our doctor prescribed the wrong dosage guide. We will discuss Special Damages by outlining how a medical error, such as a wrong dosage or an over-prescription, could inflict a monetary loss. To create a clearer understanding of how this could happen, we have provided examples:

  • Medical Treatment – If you suffer from medical negligence, you might require medical treatment or medication. If you have to fund any of your medical treatment personally, the expense could be considered when making a claim.
  • The Loss of Potential Earnings – If you suffer from medical negligence, you might require time off from work to heal and recover. If your employer doesn’t offer sick pay, then you could lose out on potential earnings. If that is the case, then the loss of potential earnings could be considered when making a claim.
  • Travel Expenses – If a doctor prescribed you the wrong dosage, it could lead to additional health complications. If the wrong dosage or overprescription renders you unable to drive your car, you might use public transportation to get to work or attend appointments. If that is the case, then the cost of public transportation could be factored into a claim.
  • Aftercare and Equipment – In some cases, an accident could render you unable to perform everyday tasks or look after yourself. If you require assistance to perform everyday tasks, whether through equipment or the help of another, you could be awarded special damages to cover the cost of this care.

Could Medical Negligence Assist Help Me?

The personal injury claims process may appear lengthy and daunting, which is why many people seek the advice and support of a legal representative. Here at Medical Negligence Assist, we could connect those affected by medical negligence to a solicitor from our panel. With up to thirty years of experience, our panel of solicitors is well-versed in personal injury law. They could represent victims of third-party negligence throughout the claims process. If you would like to hear how our team could help, consider the contact information below.

Time limits To Claim If You Were Prescribed The Wrong Dose

If you have been affected by negligence and consider a compensation claim, you should be aware of the personal injury claims time limit. The claims time limit comes into action from the moment you were injured or harmed, meaning you have three years to begin your doctor prescribed wrong dosage claim. A failure to begin a claim within the time limit could hinder the ability to be awarded compensation.

However, there are cases where the time limit could come into action at a later date. For example, if you were prescribed the wrong medication dosage and experience a degree of pain, suffering, or health-related issues, the time limit would commence when the additional suffering had been officially diagnosed.

No Win No Fee Claims If A Doctor Prescribed You The Wrong Dosage Of A Medication

The legal fees associated with the claims process can be a deterrent for many, which is why a solicitor from our panel could offer to handle a claim under a No Win No Fee basis. Also referred to as a Conditional Fee Agreement (CFA), a financial arrangement of this nature eliminates upfront fees, and it reduces the threat to your finances throughout the claims process.

If a solicitor takes on a claim under an arrangement of this nature and has a successful outcome, you will be required to pay a success fee. This fee will be subsidised from the awarded settlement, and the maximum this percentage can be is 25%. However, you will have the opportunity to discuss the percentage amount with your solicitor before starting your claim. If you have any questions, please do not hesitate. An adviser from our team will discuss No Win No Fee agreements in greater length and provide you with impartial advice.

Contact Medical Negligence Assist

To start a personal injury claim, why not contact a member of our team? Here at Medical Negligence Assist, our phone lines are free to call, and our advisers are available 24 hours a day, 7 days a week. Our knowledgeable advisers can offer free legal advice (of no obligation) and answer any questions that you might have. Alternatively, you could enquire online through our form, and a member of our team will contact you.

To speak to an adviser, the number to call is 0800 652 3087. Alternatively, to enquire online about making a doctor prescribed wrong dosage claim, please click here.

Supporting Information

Suffering from medical negligence is an unfortunate and unexpected experience, so we hope this online guide has provided some clarity regarding the claims process. In addition to this guide, we have provided some materials that could be of use to those affected by NHS clinical malpractice.

Medical Negligence Time Limit
What is the personal injury claims time limit, and how does it work?

Cerebral Palsy Negligence Claims
Could I have grounds to claim a connection to cerebral palsy negligence?

Dental Negligence
Does a dentist owe me a duty of care?

National Institute for Health and Care Excellence
The legal requirements of those who prescribe medication.

Written by Michael

Edited by LisM.

Doctor Prescribed Wrong Dosage FAQs

How do I know if my doctor prescribed the wrong dosage?

This tends to become noticeable if you suffer unexpected side effects that wouldn’t normally arise.

Does this always happen when you first take the dosage from medication?

Not necessarily. It might simply be an oversight that leads to you receiving an unsuitable dosage.

What should I do if I receive the wrong dosage?

If you notice it before taking the dosage, you could call your chemist. But if you actually take the dosage and discover it later, you need to call a doctor ASAP.

Can it be dangerous to take a wrong dosage?

Potentially this could be the case because a doctor prescribes you a set figure of doses in line with your immune system.

Can I claim compensation if my doctor prescribes me the wrong dosage?

Absolutely, so long as you have strong evidence to support your claim.

How long do I have to make a compensation claim?

There is a maximum window of 3 years in which you must state your intention to claim.

What is a suitable offer from the defendant?

This is an offer that meets around 80% of the claimant’s expectations.

When should I receive my compensation settlement?

After an agreement to conclude negotiations, the claimant should receive their compensation within 14-28 days.

Thank you for reading our doctor prescribed wrong dosage claim.