This guide looks at when you could be eligible to make a medical negligence claim if you were wrongly prescribed methotrexate. We will explain a medical professional’s duty of care and how a failure to uphold this can lead to patients experiencing avoidable harm.
We will explain what methotrexate is prescribed for, how prescription errors can occur, and the types of harm these errors can cause. Also included in this guide is information on how compensation is calculated for a medical negligence compensation payout after a successful claim.
In the penultimate section of the guide, we have provided a brief overview of the No Win No Fee agreement offered by our solicitors and what benefits this has for you as a claimant.
Wrongly Prescribed Methotrexate Claims Guide
Talk to our advisors to enquire about any information in this guide or potentially start a medical negligence claim. Our team can assess your particular circumstance and potentially connect you with a solicitor if you have a valid medical negligence claim for a medication error:
- Call an advisor on 0800 652 3087.
- Use our “claim online” form.
- See our live chat function at the bottom of the page.
Select A Section
- Can You Claim If You Were Wrongly Prescribed Methotrexate?
- Types Of Wrong Prescription Errors
- How To Prove You Were Wrongly Prescribed Methotrexate
- What Could You Claim If Wrongly Prescribed A Medication?
- Start A No Win No Fee Prescription Negligence Claim
- Further Guidance On Prescription Negligence Claims
Can You Claim If You Were Wrongly Prescribed Methotrexate?
All medical professionals have a duty of care in that they must provide all patients they are treating with the correct standard of care. A failure to uphold this duty can result in the patient experiencing avoidable harm. In order to start a medical negligence claim after being wrongly prescribed methotrexate, you will need to meet the following criteria:
- A medical professional owed you a duty of care.
- This medical professional breached that duty.
- That breach caused you to experience avoidable harm.
What is Methotrexate?
Methotrexate is an immunosuppressant and anti-inflammatory that can be prescribed to treat conditions such as rheumatoid arthritis, psoriasis and Crohn’s disease. It can also be used for some cancers. Methotrexate works by slowing your immune system down and reducing swelling.
If you have received a wrong prescription for methotrexate and you have suffered harm as a consequence, call our advisors they could tell you whether you could be eligible to pursue a medical negligence claim.
What Is The Time Limit For Claiming For Wrongly Prescribed Methotrexate?
In most cases, the time limit for starting a medical negligence claim is 3 years from the date the negligence occurred or the date you connected the harm caused with the negligence, the date of knowledge. This limitation period is set out by the Limitation Act 1980. In certain circumstances, there can be exceptions to this, and an extension may be granted in those cases.
Our advisors can provide a more detailed explanation of the time limits in medical negligence claims. For more information on whether an exception applies to your case, contact our team using the information above.
Types Of Wrong Prescription Errors
There are a number of scenarios that could result in you being wrongly prescribed methotrexate. Some possible examples of a prescription error leading to avoidable harm are:
- A medical professional failed to adequately check your medical records and prescribed methotrexate when you were severely allergic. This caused you to have a serious medication allergic reaction.
- You were prescribed a much higher dose of methotrexate than you should have been. Being prescribed the wrong dosage caused significant gastrointestinal illness.
- The GP failed to check when prescribing methotrexate whether it would impact with the other medication you were already taking. This resulted in an adverse interaction between the two medications.
Our team of advisors have experience in assessing medical negligence claims. For more information about the claims process and to ask any questions about your potential claim, speak to an advisor using the above contact details.
How To Prove You Were Wrongly Prescribed Methotrexate
Gathering supporting evidence is an important part of the claims process. Evidence can help show that the harm you suffered was avoidable and caused by the medical professional’s negligence. Some possible examples of evidence you could gather if wrongly prescribed methotrexate include the following:
- You can request copies of your medical records. These can be very useful for showing a medical professional prescribed methotrexate when they should not have.
- If someone attended your medical appointments with you, they could provide a statement during the claims process. Be sure to take down their contact information.
- Keep a diary of your treatment and symptoms, noting both the physical and mental impacts this had on you.
- Any prescription documents
The Bolam Test
The Bolam test is where a panel of relevantly trained medical professionals are asked if the care you received was of the correct standard. You can use the results of the Bolam Test if the outcome supports your claim. The test is not used in every medical claim, and you won’t be organising this yourself. Nevertheless, it can be good evidence for your claim.
A solicitor could support you in gathering evidence. After our advisors have assessed your potential claim and it has been decided you have valid grounds to proceed with a claim for wrongly prescribed methotrexate, they could connect you with a solicitor. Speak to a team member today for an assessment of your circumstances.
What Could You Claim If Wrongly Prescribed A Medication?
A compensation settlement following a successful medical negligence claim can comprise up to two heads of claim. General damages, the first of these, awards for the physical and psychological impacts of the harm you sustained. A solicitor can use your medical evidence alongside the Judicial College Guidelines (JCG) to formulate a possible value for the harm you experienced. The JCG publication lists guidelines brackets for various types of harm. The below compensation table was created using some of those brackets. It is important to state that this table has been provided as a guide only. The JCG does not list guaranteed compensation since medical negligence claims are decided case-by-case.
Compensation Table
| Harm | Guideline Amount Brackets | Notes |
|---|---|---|
| Illness from Non-traumatic Injury (b)(i) | £38,430 to £52,500 | Severe toxicosis causing vomiting, fever, diarrhoea and serious acute pain necessitating hospital admission. |
| Illness from Non-traumatic Injury (b)(ii) | £9,540 to £19,200 | Serious but short-lived, diarrhoea, and vomiting diminishing over four weeks with some remaining discomfort and disturbance of bowel function and impact on sex life. |
| Kidney (b) | Up to £63,980 | Total loss of natural kidney function. |
| Bowels (b) | Up to £150,110 | Complete loss of natural function and dependance on colostomy. Award within bracket dependant on age. |
| Bowels (c) | In the region of £79,920 | Passive incontinence and faecal urgency persisting after surgery causing distress and embarrassment. |
Special Damages
Compensation for the monetary losses sustained because of the harm you suffered can be awarded under special damages. Some possible costs that could form part of your compensation are as follows:
- Domestic support and care: if the harm you suffered renders you unable to cook or clean for yourself while you recover, you could claim back the costs of in-home care.
- Travel to and from work: you may be able to claim back the cost of transport if your ability to drive has been impacted.
- Medical costs: out-of-pocket medical expenses, such as prescriptions, could be claimed under special damages.
- Loss of earnings: the pay you lost from time taken off work to recover could be awarded.
In order to be awarded for costs under special damages, you will need to provide evidence of the losses. Documentation such as your payslips, invoices for care or travel tickets can all be used as evidence.
Start A No Win No Fee Prescription Negligence Claim
For an assessment of your potential claim, contact our advisors. If our team decide your medical negligence claim is valid, you could then be connected with our solicitors.
You could be offered a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). The benefits of claiming with a solicitor under a CFA include no fees upfront for the services of a solicitor, no ongoing fees as your claim progresses and no fees to pay if the claim is unsuccessful.
You will be awarded medical negligence compensation after the success of your claim. A pre-agreed percentage of this compensation will be taken by the solicitor. This percentage is known as a success fee. The percentage that solicitors can charge as their success fee is subject to a legally binding cap. What this means is, you will keep most of your awarded compensation.
For answers to any questions about starting a claim for wrongly prescribed methotrexate, or to get an assessment of your circumstances, contact our team today. You can speak to an advisor using any of the following contacts:
- Call our team on 0800 652 3087.
- Complete the “claim online” form.
- Use our live chat feature on the bottom left hand of the screen.
Further Guidance On Prescription Negligence Claims
More of our prescription negligence claims guides
- Learn more about making a claim when prescribed the wrong antidepressant dosage.
- Find out about making a claim if given the wrong prescription in a care home.
- See our prescription errors compensation calculator guide.
Other resources
- NHS – common questions about methotrexate.
- GOV – methotrexate.
- General Medical Council (GMC) – Ethical guidance, patient guides and materials.
Thank you for reading our guide on making a claim for wrongly prescribed methotrexate. Use the above contact information to speak to our team of advisors. They can provide more details on any of the information in this guide and give an assessment of your potential claim.