If the wrong medication is dispensed by a healthcare professional, the consequences on the patient could be significant. In some situations, it may be possible for that patient to make a medical negligence claim.
To succeed in claiming compensation, it’s necessary to show that the error was caused by the negligence of the medical practitioner or pharmacy responsible for the medication. Evidence is required in order to support this type of legal action.
In this guide, we’ll take a look at dispensing errors in more detail. We’ll look at the criteria for making a claim for a medication error, how these incidents can happen, and potential compensation amounts.
However, if you’d rather speak with us now to get legal advice, or if you’d like to make a wrong medication claim, get in touch. Speak with us now by:
- Calling 0800 652 3087
- Or chat with us now via our live chat box, bottom corner
What Is A Dispensing Error And Can I Claim Compensation?
A medication dispensing error occurs when there is a mistake in the medication prescribed or dispensed to a patient.
This can happen in a number of ways, such as the wrong drug being prescribed, the wrong dose being given, or the wrong instructions being provided. These errors can have serious consequences, such as adverse side effects or even fatalities, and therefore must be taken very seriously.
In the UK, patients who have suffered harm due to a medication dispensing error may be entitled to claim compensation. To be eligible for compensation, the patient must show that the error was caused by the negligence of the medical practitioner or pharmacy responsible for the medication. This means that the error must be something that a reasonably competent medical practitioner or pharmacy should have been able to avoid.
If a patient wishes to make a claim for compensation, they must do so within three years of the date of the error or the date they became aware of it. They must also provide evidence to support their claim, such as medical records, witness statements, and details of any financial losses or expenses incurred as a result of the error. We’ll explore this in more detail below.
Head Here To Learn More About Claiming Compensation If The Wrong Medication Is Prescribed
How Can The Wrong Medication Be Dispensed?
Dispensing errors can happen in various settings, including hospitals, pharmacies, care homes, and GP surgeries. Errors can occur at any point in the medication process, from prescribing to administration.
Some common factors that can contribute to medication dispensing errors include:
- Lack of attention – Medical professionals may make errors due to distractions or a lack of attention to detail.
- Poor communication – Miscommunication between doctors, pharmacists, and patients can lead to dispensing errors.
- Workload – Heavy workloads and time pressures can lead to mistakes when dispensing medicines.
- Confusing medication packaging – Similar packaging or drug names can sometimes cause confusion among medical professionals.
- Inadequate training – Medical professionals may not receive adequate training on medication management or may not be familiar with certain medications, leading to errors.
In hospitals, dispensing errors can occur when medications are prescribed or administered by different healthcare professionals or when medications are not checked for compatibility with other drugs.
Community pharmacies can also see dispensing errors occur due to confusion between medications with similar names or similar packaging.
In care homes, dispensing errors can happen due to a lack of training or the use of unlicensed or off-label medications.
And in GP surgeries, errors can occur due to mistakes in the prescription process or errors in the medication administration process.
What Evidence Is Useful In Medication Error Claims?
In medication error claims, evidence plays a critical role in proving the negligence of the healthcare provider and establishing the extent of harm caused to the patient.
Here are some types of evidence that can be useful:
- Medical Records – These documents provide a detailed account of the patient’s medical history, diagnosis, and treatment plan. They can also show when and how the medication was prescribed, dispensed, and administered. Medical records can help establish the standard of care that was expected and whether it was met or breached.
- Prescriptions – A prescription provides details of the medication, dosage, and frequency. It can help establish whether the medication prescribed was appropriate for the condition and whether the dosage and frequency were correct.
- Medication Labels and Packaging – The packaging and labelling of medication can provide crucial information about its contents, dosage, and administration. It can help establish whether the medication was dispensed correctly and whether correct instructions on how to take it were given.
- Witness Statements – Witness statements from healthcare providers, patients, and family members can provide additional evidence about the circumstances surrounding the medication error. They can provide details about what was observed and heard, which can help establish negligence.
- Photographs and Video – Photographs and videos can provide visual evidence of the harm caused by a medication error. They can also show the physical evidence of the medication, such as packaging, labels, and dosages.
How Much Compensation Could I Claim If The Wrong Medication Is Dispensed?
When it comes to compensation for a wrong prescription claim, there are different factors that are considered, including the severity of the injury, the impact on the claimant’s life, and the costs of medical treatment and care.
In England and Wales, compensation for medical negligence claims is split into two parts: general damages and special damages.
General damages are intended to compensate the claimant for the pain, suffering, and loss of amenity caused by the wrong prescription. The amount of compensation awarded for general damages will depend on the severity of the injury and the impact it has had on the claimant’s life.
Special damages, on the other hand, are intended to compensate the claimant for the financial losses incurred as a result of the injury. This can include costs such as medical expenses, loss of earnings, and the cost of care.
For minor injuries and illnesses, compensation awards may range from a few thousand pounds to tens of thousands of pounds. More serious injuries and illnesses, such as those causing long-term disability, could result in compensation awards of hundreds of thousands or even millions of pounds.
It’s important to note that every case is unique, and the amount of compensation awarded will depend on the specific circumstances of the case.
It’s essential to seek the advice of a legal expert in medical negligence law to determine the potential compensation amount for your specific case.
That’s where we can help. We offer a case check to everyone who gets in touch. And there’s no obligation on your part to proceed. You can simply get the legal advice you need.
Call us on the number at the top of this page to learn more.
Make A Medication Error Claim On A No Win No Fee Basis
A No Win No Fee agreement, also known as a conditional fee agreement, is a contractual arrangement between a claimant and their solicitor. In a medical negligence claim, this agreement means that the claimant’s solicitor will only be paid if the claim is successful, and the claimant receives compensation.
Under a No Win No Fee agreement, the solicitor agrees to waive their legal fees if the claim is unsuccessful. This means that the claimant will not be required to pay any legal fees to their solicitor.
If the claim is successful, the solicitor’s fees are typically paid by the defendant’s insurers, along with the compensation awarded to the claimant.
One benefit of a No Win No Fee agreement is that it allows individuals who may not have the financial means to pursue a medical negligence claim to do so without incurring any upfront costs. It also ensures that the solicitor is motivated to work hard on the claim, as their fees are contingent on the success of the case.
It’s essential to discuss the terms of any No Win No Fee agreement with a qualified solicitor before proceeding with a wrong prescription claim.
We offer all of our clients the ability to pursue a claim on a No Win No Fee basis if the wrong medication has been dispensed. If you’d like to take advantage of this service, all you need to do is call our helpline.
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 wrong medication claims, check out these resources below:
- If the wrong medication was administered and you’ve suffered harm as a result, this guide offers useful insights
- Head here to learn how to claim compensation if the wrong medication is prescribed
If you need any more support or advice if the wrong medication is dispensed and you’ve suffered harm, please contact us.