Could I Make A Claim For Being In Hospital Due To The Wrong Medication?

This guide will look at making a medical negligence claim if you ended up in hospital due to the wrong medication being given to you. Medical professionals need to ensure they provide their patients with the correct care. If there is a failure to do so, and this results in a patient experiencing avoidable harm, it could mean they have experienced medical negligence. 

in hospital due to the wrong medication

Could I Make A Claim For Being In Hospital Due To The Wrong Medication?

We will closely review the medical negligence claim eligibility criteria and offer examples of the evidence that can strengthen your case.

Additionally, we provide examples of how a medication error leading to hospitalisation could occur. 

You can also find information about the compensation that could be awarded following a successful claim. Also, there is guidance on how you could benefit from the expert guidance of a No Win No Fee solicitor from our panel.

Our advisors are on hand to answer any questions you have about medication error claims after reading this guide. They can also provide a free assessment of your potential case. To learn more, you can either:

Select A Section

  1. Could I Make A Claim For Being In Hospital Due To The Wrong Medication?
  2. What Could Cause A Medication Error?
  3. Evidence Supporting Your Claim For Being In Hospital Due To The Wrong Medication
  4. What Payout Could You Claim For A Serious Medication Error?
  5. Start A No Win No Fee Medication Error Claim
  6. Discover More About Claiming For Medication Errors

Could I Make A Claim For Being In Hospital Due To The Wrong Medication?

Medical professionals owe patients a duty of care and must deliver reasonable skill and care at all stages of treatment. To make a medical negligence claim, you would need to show that:

  • A medical professional, such as a doctor, nurse or pharmacist, owed you a duty of care;
  • They failed to meet the correct care standards and therefore breached their duty;
  • This breach then caused you avoidable harm.

If you ended up in hospital due to the wrong medication being given, and this resulted from a medical professional providing substandard care, you may have grounds to seek compensation.

Medication Error Claim Time Limits

Medication error claims, as with the majority of claims for medical negligence, must begin within three years of the negligence occurring. Alternatively, if you become aware of the medical negligence later down the line, you could have three years to start a claim from the date of knowledge. This is date you first realised, or should have realised, that you experienced avoidable harm due to a medical professional breaching their duty of care.

These limits are set out by The Limitation Act 1980. However, there are some cases where the time limit could differ, so please call an advisor if you are unsure what limitations apply to you.

What Could Cause A Medication Error?

You could end up in hospital due to the wrong medication as a result of, for example:

  • Due to a mix up of your files with another patient’s, you receive their medication instead of your own. This causes an adverse reaction with a medication you’re already taking resulting in you experiencing severe complications, such as toxicosis.
  • A GP provides you with medicine containing an ingredient you are allergic to despite being aware of the allergy as it is in your medical records. After a bad allergic reaction, you are hospitalised with anaphylactic shock that causes brain damage.
  • A pharmacist misreads a prescription and gives the wrong dosage. The patient receives much more medicine than is required and suffers an overdose. They are admitted to hospital with organ failure.

You could be impacted by a medication error in different ways, ranging from your existing condition going untreated to additional complications because of the medication you have been given. However, in order to seek medical negligence compensation, you must have evidence that proves the incorrect care was given, and this caused you avoidable harm.

Our advisors can discuss your experience and explain whether you are eligible to make a medical negligence claim. Please call our team or contact us online if you want to learn more.

Evidence Supporting Your Claim For Being In Hospital Due To The Wrong Medication

Evidence can be useful in supporting your medical negligence claim. You may not be able to provide all the below examples of evidence, but anything you can present is likely to support your case.

  • Your prescription form.
  • The medicine you were given or the packaging it came in.
  • Medical records, such as doctor reports.
  • A diary charting your treatment and symptoms.
  • Witness contact details, such as from anyone who attended appointments with you.

Your claim may also be subject to the Bolam Test, where medical professionals with relevant training consider whether care was provided to the correct level. The findings from this test, if they support your case, could be submitted alongside any other evidence.

Please talk to our advisors if you want to know more about evidence of medication errors or whether you have a claim that a solicitor can take on. A solicitor from our panel could help you collect proof of medical negligence.

What Payout Could You Claim For A Serious Medication Error?

You will receive a compensation payout if you make a successful medical negligence claim. It can be made of up to two heads of claim, the first of which is general damages. This head compensates for the physical and psychological harm due to medical negligence.

You can see some guideline compensation brackets in the below table taken from the Judicial College Guidelines (JCG.) Legal professionals often use the JCG and medical evidence to value the general damages portion of claims.

Please remember that this table only acts as a guide.

Compensation Table

Moderately Severe Brain Damage£219,070 to £282,010A very serious disability with a substantial dependence on others. The person also requires constant professional care.
Moderate Brain Damage (i)£150,110 to £219,070The affected person has no prospect of employment, experiences a change in their personality, an effect on their senses and a significant epilepsy risk due to a moderate to severe intellectual deficit.
Bowels Up to £184,200Double incontinence coupled with other complications.
Digestive System - Damage From Non-traumatic Injury (i)£38,430 to £52,500Severe toxicosis causing serious acute pain, vomiting, and diarrhoea meaning hospital admission is required.
Spleen£20,800 to £26,290The spleen is lost and immune system damage makes internal infection a persistent risk.

Other Factors Affecting Payouts

If you receive general damages compensation, you may also claim special damages. This head of claim accounts for monetary losses brought about by medical negligence. This could include:

  • A loss of earnings due to being unable to work;
  • Necessary travel expenses;
  • Prescription costs.
  • Healthcare fees.

You would need to produce relevant evidence like payslips or receipts highlighting your expenses in order to claim special damages.

By calling the number above, you can speak to an advisor and discuss compensation you could receive if you have a valid and successful claim.

Start A No Win No Fee Medication Error Claim

Our panel of medical negligence solicitors are experienced in understanding and handling medication error cases. If you have valid grounds to claim after you were in hospital due to the wrong medication, a solicitor could offer you their services under a Conditional Fee Agreement.

This is a type of No Win No Fee agreement where you would not be asked to pay for your solicitor’s services:

  • Upfront;
  • As your case continues;
  • Should the case fail.

Your solicitor would do everything they can to help you win your claim and, if successful, will collect a percentage of the compensation you receive. This is referred to as their success fee. The percentage they can take is capped by The Conditional Fee Agreements Order 2013.

Contacting Our Team

Our team of dedicated advisors are ready to help you understand whether you can make a medical negligence claim. As well as talking to you about the compensation you could receive and how to maximise your chances of success, they can explain the benefits of seeking a solicitor’s support. They can even connect you with a solicitor from our panel if you have a valid claim.

You can speak with our team by:

Discover More About Claiming For Medication Errors

Here are some more of our medical negligence guides:

These resources also provide further relevant information:

Thank you for taking the time to read our guide. If you have been in hospital due to the wrong medication and want to discuss a possible claim, please speak to us.

Guide by Ed

Edited by Meg