This guide will answer, “How do I claim if wrongly prescribed antidepressants?”. It will look at the steps to claim compensation for medical negligence and in what circumstances someone is eligible to begin a wrong prescription claim.
In order to have a valid claim, the onus will be on you to show why you believe you suffered harm that otherwise could have been avoided and how this was caused by a medical professional who did not follow their duty of care and wrongly prescribed antidepressants to you as a result. To help you with this, we provide a list of evidence that you could gather to help support your claim. Moreover, we look at what possible effects being wrongly prescribed antidepressants could have on you and how compensation for such effects is calculated.
As you approach the end of this guide, we explain how we at Medical Negligence Assist could help you make a medical negligence claim on a No Win No Fee basis. To find out whether you could be put in contact with our specialist No Win No Fee solicitors for your medication error claim, have a chat with our advisors today by either:
- Calling 0800 652 3087.
- Give us your details on our Claim Online form.
- Using the live chat box in the corner of the screen.
Jump To A Section
- How Do You Claim If Wrongly Prescribed Antidepressants?
- Are You Eligible To Make A Prescription Negligence Claim?
- What Evidence Could Help You Claim For Prescription Negligence?
- Estimated Payouts If You Are Wrongly Prescribed Antidepressants
- How We Could Help You Claim On A No Win No Fee Basis
- Guides Related To How Do You Claim If Wrongly Prescribed Antidepressants
How Do You Claim If Wrongly Prescribed Antidepressants?
Confirming your medical negligence claim eligibility with our advisors is the first recommended thing to do if you are wondering “How do you claim if wrongly prescribed antidepressants?”. As well as checking whether you meet the eligibility requirements, our team can also check whether you are within the medical negligence claims time limit (we will tell you what this time limit is in the next section of this guide).
Suppose our advisors confirm that your claim is eligible, in that case, they can then put you in contact with one of our specialist medical negligence solicitors, who can represent your claim on a No Win No Fee basis.
As part of our solicitors’ service, they can do the following on your behalf:
- Collect your evidence (the types of evidence that should be collected are listed further down this guide).
- Send legal correspondence (such as a letter of claim) and negotiate with the defendant’s legal representatives.
- Calculate a potential value for your compensation.
- Complete various paperwork that needs to be sent throughout the claims process.
While there is no legal requirement to instruct a solicitor for your medical negligence claim, working with one of ours will mean that they handle the work needed to complete the claim. They can also offer you guidance and support throughout the claims process.
So, to get the help you may need to potentially start your wrong medication claim and see if you could be awarded compensation, contact our advisors today.
Are You Eligible To Make A Prescription Negligence Claim?
Medical negligence is when harm that could have been prevented (avoidable harm) is suffered because a medical professional breached their duty of care.
All health care providers owe a duty of care to their patients. Their duty of care requires providing their patients with the correct standard of care. If they deliver a standard of care that is below the minimum expected standard, then this is a breach of duty of care. If, because of this, the patient suffers avoidable harm, then this is medical negligence.
Thus, the medical negligence claims eligibility criteria are as follows:
- You were owed a duty of care from a medical professional.
- This medical professional breached their duty.
- You suffered avoidable harm as a result.
If you meet the above criteria, and you were wrongly prescribed antidepressants by medical professionals because they provided you with care that was below what was expected of them and this caused you avoidable harm, contact our team.
Whether you received the wrong medication completely or you received the wrong antidepressant dosage, our advisors can listen to your circumstances and establish whether you may be able to claim compensation.
Limitation Periods
There is a 3-year limitation period for medical negligence claims. This means that you must begin making your claim within 3 years of either the date you suffered medical negligence or the date you became aware that you suffered medical negligence. The Limitation Act 1980 states this limitation period.
There are just two exceptions to this limitation period where the time limit will actually be paused for the claimant. These exceptions are if:
- The claimant was younger than 18 years old when they suffered medical negligence.
- The claimant does not have the mental capacity to claim.
Our team can give you more information about the exceptions to the claims time limit.
What Evidence Could Help You Claim For Prescription Negligence?
The evidence that is collected needs to prove medical negligence has occurred. This means showing how the practitioner or healthcare provider breached the duty of care they owe to you and how this resulted in you suffering harm.
Here are some types of proof that can support your claim:
- Request and obtain the medical notes from the GP or doctor who wrongly prescribed you antidepressants.
- Record the financial costs of your avoidable harm.
- Record your symptoms in a diary.
- Contact details if you have any witnesses to you being wrongly prescribed antidepressants. E.g. if a family member was there with you at your doctor’s appointment.
You may also be invited to attend an independent medical assessment. This is so a medical report can be made that highlights how your health has been affected since being wrongly given antidepressant medications.
Remember that if you are put in contact with one of our solicitors, they can help you in collecting the above evidence for your wrong medicine claim. Please don’t hesitate to get in touch with our team to learn how do you claim for being wrongly prescribed antidepressants.
Estimated Payouts If You Are Wrongly Prescribed Antidepressants
Regarding how much compensation could be awarded, there are up to two heads of loss which could be included in a settlement if a wrong medication claim is successful.
General damages is the head of loss which reimburses for the physical and mental health effects of medical negligence. How much you receive for your general damages will depend on factors such as:
- How painful your avoidable harm is.
- How your quality of life has changed.
- The length of your treatment and recovery.
While it is being decided how much you will receive for the general damages head of claim, the Judicial College Guidelines (JCG) may be considered along with the report from the independent medical assessment. The independent medical assessment details the full extent of how you have been harmed. Meanwhile, the JCG is a document that has different guideline compensation brackets for different types of injuries and illnesses.
Compensation Table
Below, you can see some examples of injuries/illnesses from the JCG with all of the accompanying guideline compensation brackets (except the top figure, which is not part of the JCG). This table is just a guide only.
| Harm | Severity | Guideline compensation brackets | Notes |
|---|---|---|---|
| Multiple types of serious harm and special damages | Serious | Up to £250,000 and above | Having multiple serious injuries/illnesses and also being compensated for their financial costs, like lost wages or prescription costs. |
| Psychiatric Damage Generally | Severe (a) | £54,830 to £115,730 | A very poor prognosis and marked problems with respect to: work, education, and ability to cope with life. Taken into account if medical help was sought and the level of future vulneralbility. |
| Moderately severe (b) | £19,070 to £54,830 | There will be the same marked problems as the above notes, but the prognosis is more positive. | |
| Moderate (c) | £5,860 to £19,070 | There will be an improvement in the marked problems as above, with a good prognosis. | |
| Less severe (d) | £1,540 to £5,860 | The award will depend on the duration of the period of disability and how daily activities and sleep were affected. | |
| Digestive system | Damage resulting from non-traumatic injury (b) (i) | £38,430 to £52,500 | Severe toxicosis resulting in diarrhoea, vomiting, fever, and serious acute pain. Hospital admission will be required for up to some weeks. |
| Damage resulting from non-traumatic injury (b) (i) | £9,540 to £19,200 | Serious but short in duration, diarrhoea and vomiting. Discomfort and disturbance of bowel function and impact on enjoyment of food over a few years. |
Special Damages
Special damages is the head of loss, which reimburses for the financial effects of medical negligence. You could be reimbursed for these types of costs or losses under the special damages head of claim:
- Lost wages.
- Prescription costs.
- Travel expenses.
Unlike general damages, special damages are not guaranteed to be awarded in successful claims. Because of this, it is important to gather proof of the financial losses linked to the avoidable harm. Such evidence can be in the form of payslips, invoices, bank statements, and receipts.
So, speak to our team if you are seeking prescription error compensation for wrongly prescribed antidepressants. They can tell you what effects could be reimbursed and how much compensation could possibly be awarded.
How We Could Help You Claim On A No Win No Fee Basis
If one of our medical negligence solicitors agrees to represent you, then they will do so under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA).
You do not need to pay upfront or ongoing fees for your solicitor’s services whilst being represented under a CFA. You also do not need to pay for these services if your claim is unsuccessful.
Instead, a success fee is taken out of successful claims. Success fees are a percentage of the decided compensation. However, the maximum percentage that can be taken is set by law to ensure claimants always receive the majority of their compensation.
Begin Your No Win No Fee Claim Today
Since CFAs are hugely beneficial, you may want to find out whether you can be put in contact with our solicitors. To receive help and also validate your claim for being wrongly given antidepressants, speak with our team by either:
- Calling 0800 652 3087.
- Give us your details on our Claim Online form.
- Using the live chat box in the corner of the screen.
Guides Related To How Do You Claim If Wrongly Prescribed Antidepressants
If you are after more information about making a wrong medication claim, here are some useful materials.
Similar guides:
- Look at the types of prescription errors you could claim for if you are wondering whether what has happened to you constitutes medical negligence.
- What to do if the pharmacy is responsible for medical negligence.
- GP or doctor medical negligence claims.
External resources:
- General Medical Council (GMC) – good medical practice of a doctor.
- General Pharmaceutical Council (GPC) – standards of pharmacists.
- National Health Service (NHS) – an overview of antidepressants, including information on the side effects and how they work.
We hope you have found this guide helpful on how you claim if wrongly prescribed antidepressants. Our contact services are open 24/7, so contact us at a time that suits you.