Wrong medication claims can be filed against healthcare professionals who prescribe, dispense, or administer medication that causes harm to the patient.
Incidents of wrong medication can result from a range of factors, including human error, system failure, and medication-related issues.
In this guide, we’ll explain the impact receiving the wrong medication can have, the reasons why such an incident could happen, how to prove a medical negligence claim, and how we can help you recover compensation.
If you’d rather speak with us over the phone, our helpline is open 24 hours a day, 7 days a week. We don’t charge for the advice we provide and impose no obligation to make a claim.
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- Calling 0800 652 3087
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The Consequences Of Being Prescribed The Wrong Medication
Being prescribed the wrong medication can occur due to a variety of reasons, such as miscommunication between healthcare professionals, errors in prescribing, dispensing, or administering medication, or a lack of proper monitoring and follow-up.
Regardless of the cause, the consequences of receiving the wrong medication can be life-threatening and can significantly impact a patient’s health and well-being.
One of the most severe consequences of wrong medication is an adverse drug reaction, which can lead to severe injury or even death. Adverse drug reactions occur when a patient has an unexpected or harmful reaction to medication.
This can happen when a patient is allergic to a particular medication or when a medication interacts with other drugs the patient is taking.
Adverse drug reactions can cause symptoms such as nausea, vomiting, breathing difficulties, and skin rashes, which can progress to life-threatening conditions such as anaphylaxis or respiratory failure.
Taking the wrong medication can also lead to medication errors, which can cause harm to patients. Medication errors occur when there is a mistake in the prescription, dispensing, or administration of medication.
These errors can lead to underdosing or overdosing, which can cause serious health problems or even death. Additionally, medication errors can result in the wrong medicine being given to the patient, which can have adverse effects on the patient’s condition or cause an adverse drug reaction.
Apart from physical harm, wrong medication can also have psychological consequences for the patient. For instance, a patient who experiences an adverse drug reaction or a medication error may lose trust in the healthcare system and become fearful of receiving medical treatment. This can lead to a delay in seeking necessary medical care, which can further worsen the patient’s health condition.
Common Reasons For Wrong Medication Claims
One reason behind wrong medication claims is miscommunication between healthcare professionals. Miscommunication can occur due to a lack of clear flow between organisations, unclear medication orders, or incomplete information.
For instance, a healthcare professional may prescribe a medication without considering the patient’s medical history, resulting in an adverse reaction or medication error.
Another reason for wrong medication claims is medication-related issues, such as incorrect dosing, dispensing, or administration. These errors can occur due to a lack of attention to detail, distractions, or medication look-alike and sound-alike drugs.
For example, a healthcare professional may dispense the wrong medication due to confusion between similarly named drugs, leading to an adverse drug reaction.
In addition to these factors, wrong medication claims can also result from system failure. System failure can occur due to inadequate staffing, a lack of proper medication storage, or poor workflow processes. For instance, medication may be improperly stored, leading to the drug’s degradation, resulting in an error when administered.
Another reason for wrong medication claims is the failure to monitor patients for adverse drug reactions or medication-related issues. Patients may be at risk of adverse drug reactions if they have pre-existing medical conditions or if they’re taking other medications that interact with the prescribed medicine.
If healthcare professionals fail to monitor patients for adverse drug reactions or medication-related issues, they may be liable for any harm that results from their negligence.
If you’ve experienced an incident of medical negligence like what we’ve described above, please get in touch.
We can offer advice on your situation and can quickly inform you whether or not you have a wrong medication claim. Our number can be found at the top of this page.
Gathering Evidence for Your Medical Negligence Claim
Gathering evidence is essential to prove medical negligence.
The first step is to obtain medical records from the healthcare provider. These records can include prescriptions, medication orders, and nursing notes which can provide insight into the type and dosage of medication administered to the patient.
Additionally, medical records can include details about the patient’s medical history, pre-existing medical conditions, and any medication allergies or adverse reactions.
In cases where the wrong medication was dispensed, obtaining pharmacy records can be crucial. Pharmacy records can provide information about the medication dispensed, including the type, dosage, and directions for use.
These records can also include information about the pharmacy staff responsible for filling the prescription and any potential errors that occurred during the process.
In cases where the wrong medication was administered, witness statements can be valuable evidence. Witnesses can provide accounts of the medication administration process and any errors or discrepancies that occurred.
Witnesses can include healthcare professionals, nursing staff, or family members who were present during the administration of medication.
Additionally, medical experts can be instrumental in gathering evidence for a medical negligence claim related to wrong medication. Medical experts can provide opinions on the standard of care and whether the healthcare provider deviated from the standard of care in prescribing, dispensing, or administering medication. They can also provide opinions on the extent of the harm caused by the wrong medication.
Obtaining the support of a medical expert is something that you can do as part of a wrong medication error claim. Get in touch with us today to get a free case check and to learn more about the claims process.
Compensation Payouts In Wrong Medication Claims
The first step in calculating compensation payouts in wrong medication claims is to determine the type and severity of the injury that has been sustained.
This is usually done by obtaining medical evidence from an independent medical expert (arranged as part of the claim), who will assess the extent of the injury and any ongoing medical needs that the victim may have.
Once the type and severity of the injury have been established, the next step is to consider the impact that the injury has had on the victim’s life. This includes any pain and suffering that has been experienced, as well as any loss of enjoyment of life, loss of earnings, or other financial losses that have been incurred as a result of the injury.
In cases where the victim has been left with a long-term or permanent disability, compensation may also be awarded for future losses, such as the cost of ongoing medical treatment, modifications to the home or vehicle, or loss of future earnings.
The final amount of compensation awarded will depend on the specific circumstances of the case, and will be based on a range of factors, including the severity of the injury, the age of the victim, their earning capacity, and any other relevant factors.
While it’s difficult to provide accurate assessments of payouts, below we’ve included some potential compensation payouts for different injuries and illnesses:
- £36,060 to £49,270 – In severe cases involving acute pain, vomiting, fever and the need to be admitted to hospital, compensation payouts could reach this level.
- £8,950 to £18,020 – In less severe cases but those with debilitating symptoms, like diarrhoea and vomiting for a period of 2 – 4 weeks, compensation awards could reach this level.
If you’d like to get a more personal assessment, please get in touch with us today using the helpline at the top of the page.
Make A No Win No Fee Claim Today
If you’d like to make a wrong medication claim today, we can help. Our team of medical negligence solicitors specialise in these types of cases and can help you get the compensation you deserve.
Our solicitors work on a No Win No Fee basis. This agreement is a type of legal arrangement where a lawyer agrees to represent a client and will only be paid if the client wins the case. In other words, if the client does not win the case, they will not owe the lawyer any fees for their services.
If you win the case, your solicitor is typically entitled to a percentage of the compensation awarded, which is agreed upon in advance. This allows those who might not otherwise be able to afford legal representation to access justice and potentially receive compensation for their losses.
For legal advice or to make a claim, you can speak with us now by:
- Calling 0800 652 3087
- Or chat with us now via our live chat box, bottom corner
Learn More About Wrong Medication Claims
If you’d like to learn more about medical negligence or wrong medication claims, check out the links below:
- Head here to learn how the NHS is acting to improve medication errors
- This guide explains your legal rights under medical negligence law if the wrong medication is dispensed and you’ve suffered an injury or illness as a result
- If the wrong medication was administered and you’ve suffered harm as a result, this guide offers useful insights
- Head here to learn about claiming compensation for the wrong medication dosage
- If you have been wrongly prescribed antidepressants and suffered harm as a result, you may have valid grounds to claim