Being prescribed, administered or dispensed the wrong medication by a GP, during a hospital visit or by a pharmacist can have serious impacts on your health. This FAQ guide on wrong medication claims aims to provide answers to common questions on medication errors. We explain what a wrong medication claim is, and who could be eligible to sue.
You will see an overview of the evidence you can use to prove medical negligence occurred, in addition to some example scenarios to highlight how such negligence could take place. We have also included an explanation of how medical negligence compensation is calculated under the two different heads of claim.
To finish up our guide, we take a short look at how you can benefit when starting your potential prescription error claim with one of our experienced medical negligence solicitors under the specific type of No Win No Fee contract that they can offer.
While we have tried to be as thorough as we can in this guide, you may have questions we haven’t covered or want to know more about claiming in your particular circumstances. Our dedicated advisory team are available 24 hours a day to address your concerns or provide an assessment of your eligibility to claim for zero charge.
Contact the team today via the following information:
- Calling us on 0800 652 3087.
- Start your claim online by filling in this form.
- Using our live chat feature at the bottom of your screen.
Browse This Guide
- What Are Wrong Medication Compensation Claims?
- Who Could Claim For A Wrong Medication Error?
- How Do You Prove Wrong Medication Compensation Claims?
- Who Could You Make A Wrong Medication Claim Against?
- What Could You Claim For Being Given The Wrong Medication?
- Can You Make Wrong Medication Compensaton Claims On A No Win No Fee Basis?
- Where Can You Find Out More About Claims For The Wrong Medication
What Are Wrong Medication Compensation Claims?
Wrong medication compensation claims are made when a patient has been prescribed, administered or dispensed the wrong medication because the medical professional or healthcare provider breached their duty of care, and this error led to harm that was otherwise avoidable.
This could include a dosing error or being given the incorrect medication altogether. For example:
- A GP prescribed a medication to a patient they have a known allergy to by mistake. They suffer a severe allergic reaction (anaphylactic shock) and spend several weeks in hospital as a result.
- A mistake on your patient file in a hospital meant you received a much higher dose of anti-inflammatory medication than you should have done. The resulting overdose caused significant damage to your kidneys.
- A pharmacist mixes up a prescription, and you receive the medication of another patient. The medication you were dispensed by mistake acted badly (adverse drug reaction) with other medication you were taking, and your condition subsequently worsened due to not receiving the correct treatment.
There are, of course, many other circumstances that could give rise to prescription errors. To find out if you can claim in your specific circumstances, talk to our advisors today.
Who Could Claim For A Wrong Medication Error?
All medical professionals and healthcare providers are expected to provide medical care at the expected standard. This is the duty of care that is owed by both public and private healthcare providers. Failing to provide care that meets this standard can lead to patients experiencing avoidable harm.
We have laid out the eligibility criteria for medical negligence claims here:
- A medical professional or healthcare provider owed you a duty of care.
- The care provided did not meet the correct standard, thus breaching their duty of care.
- This breach caused you to suffer avoidable harm.
What we mean by “avoidable harm” is harm that you would not have experienced had you been given the correct standard of medical care. It is important we stress that in order to make a medical negligence claim the care you received has to fall below the expected standard and cause avoidable harm. It is not enough to merely be dissatisfied with the care you received.
To find out more about the eligibility criteria for wrong medication compensation claims, contact our advisors today at the number provided above.
What Is The Medical Negligence Claims Time Limit?
Typically the time limit in medical negligence claims is 3 years as per the Limitation Act 1980. This can be counted from either the date the negligence occurred or the date of knowledge. The date of knowledge refers to the date you would have been expected to connect the harm you experienced with the actions of the medical professional.
There are exceptions to the time limit for those who cannot bring legal proceedings themselves. For example, a minor, someone under the age of 18 or a person with reduced mental capacity. The time limit for a minor will be reinstated on their 18th birthday if a litigation friend, someone who can apply to the court to pursue a claim on the minor’s behalf, has not made the claim.
For those with reduced mental capacity, the time limit is indefinitely suspended unless they regain enough mental capacity to start their own claim, in which they would have three years in which to do so. While the time limit is paused a litigation friend again could pursue a claim on their behalf.
Our advisors can provide further explanation of the time limits via the contact details given above.
How Do You Prove Wrong Medication Compensation Claims?
A central pillar of prescription error compensation claims is proving medical negligence. This is done through supporting evidence. The evidence will need to show that the duty of care you were owed by a medical professional or hospital was breached and that it was this breach that led to your suffering harm.
We have provided some evidence examples you could use as proof of medical negligence here:
- If you received the wrong medication, you should seek appropriate medical help. The first concern must be your health but medical records produced by this treatment can be used to show what harm was caused.
- Also, retain your prescription letter as well as the medication, including any packaging and labels.
- Witness statements, either from someone who attended your appointments with you, or another healthcare professional who was present, could be taken during the claims process. Make sure you have the relevant contact information for these individuals.
- Proof of any associated financial losses. This will be discussed in greater detail later in the guide.
- The findings of the Bolam Test, if used,
Will The Bolam Test Be Used In Cases Of Wrongly Prescribed Medication?
In certain cases of medical negligence, the Bolam Test is applied. Relevantly trained medical professionals are consulted on whether or not you received the correct standard of care during your treatment.
The Bolam Test is not organised by the claimant, but if the test is applied in your case, you can use the findings from it as part of your evidence. As we specified above, you need to be able to demonstrate through evidence that the care you received was below the expected standard and this caused you avoidable harm.
You may find it beneficial to work with one of our dedicated medical negligence solicitors. Contact our advisors to get your eligibility to claim assessed free of charge. If it is decided you are eligible to claim, one of our experienced solicitors could take on your case and support you with compiling evidence for your wrong prescription claim.
You can reach our advisors at any time using the contact details provided below to find out if a prescribing medication error claim is eligible.
Who Could You Make A Wrong Medication Claim Against?
A prescription error compensation claim is typically made against a healthcare provider, GP surgery, hospital, nursing home or pharmacy. So, to take one of our previous examples, if a nurse administered the wrong dosage of anti-inflammatory medication because of errors in your patient file, any potential claim would be made against the hospital.
In cases where a pharmacy or chemist made a medication error that caused you avoidable harm, you would claim against the pharmacy. As we stated above, in order to make a medical negligence claim, the healthcare provider has to have owed you a duty of care and then breached that duty causing you avoidable harm.
To find out more about who you could make a wrong medication claim against, contact our advisors today using the contact information provided below.
What Could You Claim For Being Given The Wrong Medication?
Compensation in successful wrong medication compensation claims can be awarded under two different heads of claim. The avoidable harm you suffer due to the medication error will be compensated under general damages. Associated financial losses can be reimbursed under special damages.
When instructing a medical negligence solicitor to represent you, calculating the potential value of the harm you suffered is one of the tasks they can support you with. To aid these calculations, the legal team responsible can refer to your independent medical assessment alongside the figures in the Judicial College Guidelines. This publication, known as the JCG, contains detailed guideline award brackets for various types of harm.
Compensation Table
Aside from the first entry, this table uses relevant JCG brackets. Please be advised that as the figures are guidelines, we cannot guarantee a compensation value.
| Type of Harm Caused | Severity | Guideline Amount | Notes |
|---|---|---|---|
| Multiple instances of harm in addition to care costs, loss of income and other special damages. | Very Serious | Upt to £500,000 and Above | Compensation for multiple instances of serious avoidable harm as a result of the medication error, as well special damages payments for lost income, care, medical bills and other costs. |
| Injury Resulting From Brain Damage | Moderately Severe (b) | £219,070 to £282,010 | Very serious disablement with a need for full time care and substantial dependence. |
| Kidney | Loss or Serious Damage (a) | £169,400 to £210,400 | The loss of, or serious and permanent damage of both kidneys. |
| Bowels | Double Incontinence (a) | Up to £184,200 | Complete loss of natural function in both the bowels and bladder with other complications. |
| Bladder | Serious Impairment (b) | Up to £140,660 | Serious impairment of bladder control with pain and incontinence. |
| Male Reproductive System | Impotence or Significant Sexual Dysfunction (c) | £43,010 to £88,750 | A likely permanent case of impotence or significant sexual dysfunction in a person who has children or would never have had them. |
| Female Reproductive System | Infertility (c) | £56,080 to £71,350 | Cases of infertility with no aggravating features in a young person without children. |
| Chest Injuries | Damage to Chest and Lung(s) (c) | £31,310 to £54,830 | Some continuing disability as a result of damage to the chest. |
| Digestive System | Non-traumatic Injury (b)(i) | £38,430 to £52,500 | Vomiting, acute pain, fever and diarrhoea as a result of severe toxicosis. |
| Spleen | Loss of Spleen | £20,800 to £26,290 | There will be a continuing infection risk due to immunocompromisation. |
Special Damages In Wrong Medication Compensation Claims
You may be eligible to claim compensation under special damages for the financial losses stemming from the harm caused. We have provided some possible examples of such costs here:
- Medical costs that need to be paid out-of-pocket such as prescription medication, therapy and other bills.
- Lost earnings due to time taken off work during your treatment and recovery.
- Travel costs to and from your place of work if you have been medically advised not to drive.
- The cost of support in your home cooking or cleaning if you are unable to safely carry out these domestic tasks by yourself
You can get a more detailed estimate of the potential value of your claim by speaking to our advisors. Contact the team today using the details provided below to find out if you could make a prescription error claim.
Can You Make Wrong Medication Compensation Claims On A No Win No Fee Basis?
Our advisors can assess your eligibility to claim compensation for a medication error free of charge. If eligible, one of our experienced medical negligence solicitors could take on your claim. Our solicitors have substantial experience in handling wrong medication compensation claims and can offer legal services under a No Win No Fee contract called a Conditional Fee Agreement (CFA).
The CFA that our solicitors can offer presents claimants with some key benefits. For example, in most circumstances, you will not incur fees for the solicitor’s work at the start of, or during the prescription error claims process. You will likewise not pay a fee for an unsuccessful claim.
Before your medical negligence claim begins, you and the solicitor will agree to a success fee, payable from your awarded compensation in the event your claim is won. And since success fees are restricted to an upper limit of 25%, you will receive the majority of any compensation award.
While we have tried to be as thorough as we can in this guide, you may have questions we haven’t covered or want to know more about claiming in your particular circumstances. Our dedicated advisory team are available 24 hours a day to address your concerns or provide an assessment of your eligibility to claim for zero charge.
Contact the team today via the following information:
- Calling us on 0800 652 3087.
- Start your claim online by filling in this form.
- Using our live chat feature at the bottom of your screen.
Where Can You Find Out More About Claims For The Wrong Medication
You can see more of our guides on claiming for medication errors here:
- Learn who could be eligible to begin medication error claims with one of our experienced solicitors.
- Read about what to do if a pharmacy gives the wrong medication in the UK.
- Get further insight into making a medical negligence claim after the wrong medication was given in a hospital with this guide.
We have also provided these external resources that you may find helpful:
- You can find out about the work of the General Pharmaceutical Council in regulating pharmacists on their website.
- NHS Resolution has published this resource on learning from medication errors.
- You can read the report from the short life working group on medication errors on the Government website.
Thank you for reading our FAQ wrong medication compensation claims guide. You can find out more about the medical negligence claims process by speaking to our advisors. Our friendly and dedicated team can also provide a free consultation regarding your eligibility to claim. You can reach an advisor 24/7 using the contact information given above.