Receiving the wrong medication dosage can potentially have significant consequences for your health. It could see you overdose or may see an illness go untreated.
In this guide, we explore the situations in which you could make a medical negligence claim for harm caused by dosage issues.
We take a look at the criteria in place for pursuing a compensation claim. Also, we explore the different ways in which a wrong medication dosage could occur and offer advice on proving a claim.
If you’d rather speak with someone than read the guide below, then why not give our legal helpline a call?
We provide free advice on your legal rights and your potential next steps. If pursuing compensation is something you’re keen to do, we can help with that too.
Our medical negligence solicitors boast years of experience in handling medication error claims and they can support you too.
You can speak with us now by:
- Calling 0800 652 3087
- Or chat with us now via our live chat box, bottom corner
Can I Make A Claim For Harm Caused By A Wrong Medication Dosage?
In England and Wales, to make a medical negligence claim for harm caused by a wrong medication dosage, certain criteria must be met. The following are the general criteria that apply:
- Duty of care – The healthcare provider must have had a duty of care towards you. This means that they had a legal obligation to provide you with an acceptable standard of care.
- Breach of duty – The healthcare provider must have breached their duty of care towards you. This means that they failed to provide an acceptable standard of care, and as a result, you suffered harm.
- Causation – Linked to breach of duty, it’s also necessary to show that the breach caused or contributed to your harm. This means that if they had provided an acceptable standard of care, you would not have suffered harm.
- Harm – You must have suffered harm as a result of the medication error. This can include physical harm, psychological harm, financial loss or a combination of these.
It’s important to note that medical negligence claims can be complex and require expert legal advice. Therefore, if you believe you have suffered harm as a result of a wrong medication dosage, get in touch with us.
Examples Of Wrong Medication Dosage Causes
There are myriad causes behind wrong medication doses. Let’s take a look at some of the main ones:
- Human error – Medication errors can occur due to human error, such as misreading a prescription or mislabeling a medication.
- Communication breakdown – A breakdown in communication between healthcare professionals, such as doctors, pharmacists and nurses, can lead to medication errors.
- Lack of training – Healthcare professionals who have not received adequate training in medication management may be at higher risk of making errors.
- Inadequate monitoring – Failure to monitor patients appropriately during treatment can lead to medication errors, such as prescribing the wrong dosage or not adjusting the dosage according to the patient’s response.
- Equipment malfunction – In some cases, medication errors can occur due to equipment malfunction, such as a malfunctioning infusion pump.
- Prescription errors – Prescription errors, such as a decimal point error or incorrect units of measurement, can lead to wrong medication dosage.
- Dispensing errors – Dispensing errors can occur when a pharmacist or pharmacy technician dispenses the wrong medication or the wrong dosage.
- Electronic prescribing errors – Errors can also occur with electronic prescribing systems, such as selecting the wrong medication from a drop-down list or entering the wrong dosage.
These are just a few examples of the causes of wrong medication dosage in UK healthcare. As we know, medication errors can have serious consequences for patients, including harm, disability or even death.
It’s therefore important for organisations like the NHS to take steps to reduce incidents from occurring.
Advice On Proving A Medical Negligence Claim
The success of any medical negligence claim depends on the evidence that the claimant is able to produce in support of their claim.
To give you some ideas on the types of evidence that may prove useful, we’ve compiled a list which you can read below. However, if you need any help obtaining evidence or understanding what you need, get in touch with us at the number at the top of this page.
- Medical records can provide important information about the treatment that you received, including the medication that was prescribed and the dosages that were administered.
- Witness statements can provide additional information about the treatment that you received, including any communication breakdowns or other issues that may have contributed to the medication error.
- Prescription records can provide important information about the medication that was prescribed, including the correct dosage and any potential interactions with other medications.
- Hospital policy and procedure documents can provide information about the protocols that were in place for medication management and whether those protocols were followed.
- Photographs and other visual evidence can be used to demonstrate physical harm or other effects of the medication error.
- Financial records can be used to demonstrate any financial losses that you may have incurred as a result of the medication error, such as medical bills or lost income.
The type of evidence required to support a medical negligence claim will depend on the specific circumstances of the case.
Experienced medical negligence solicitors, such as ourselves, will be able to advise you on the types of evidence that will be necessary to support your claim and can help you gather that evidence to ensure the best possible outcome.
Make A No Win No Fee Claim For Harm Caused By A Wrong Medication Dosage
A No Win No Fee agreement, also known as a Conditional Fee Agreement (CFA), is a legal agreement between a claimant and their solicitor. Under this agreement, the solicitor agrees to take on the claimant’s case and will only receive payment for their services if the claim is successful. If the claim is not successful, the claimant will not be required to pay any legal fees.
The benefits of a No Win No Fee agreement to claimants are significant. Firstly, it provides access to justice for those who may not have the financial means to pursue a claim. It means that claimants can pursue a legal case without having to pay any upfront costs or worry about legal fees throughout the process.
Secondly, it provides an added incentive for solicitors to work hard to ensure the claim is successful. As the solicitor will only be paid if the claim is successful, they are incentivised to work hard to ensure the best possible outcome for their client.
Thirdly, it provides a level of financial protection for claimants. If the claim is not successful, the claimant will not be required to pay any legal fees. This means that claimants can pursue a legal case without the risk of being left with significant legal bills if the claim is unsuccessful.
We offer No Win No Fee agreements in all cases that we take on. If you’d like to see if you could make a claim on this basis, please get in touch.
The advice we provide is free and carries no obligation to proceed with a claim.
To speak with us today, you can get in touch by:
- Calling 0800 652 3087
- Or chat with us now via our live chat box, bottom corner
Learn More About Medication Error Claims
If you’d like to learn more about medication error claims, you can find some useful guides below that offers more in-depth information:
- 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 how to claim if the wrong medication was prescribed and you suffered harm as a result
If you need more help or advice on what to do if you’ve received the wrong medication dosage, please don’t hesitate to contact us.