If you’ve suffered harm because the wrong medication has been prescribed, you could be entitled to make a medical negligence claim.
The illnesses caused by errors in dispensing and prescribing medication can see individuals to suffer nasty and debilitating illnesses. In some cases, it can result in death.
Below, we explain the process of making a wrong medication claim. We look at the eligibility criteria, time limits, how prescription errors can happen and how to prove a claim.
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We offer a case check to everyone who calls and the advice we provide carries no obligation to make a medication error claim. To speak with us, simply:
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Can I Claim Compensation If The Wrong Medication Is Prescribed?
Firstly, to make a successful medical negligence claim relating to the wrong medication being prescribed, you must establish that a healthcare professional, such as a doctor, nurse or pharmacist, owed you a duty of care.
In the case of a wrong prescription, this means that the healthcare professional who prescribed or dispensed the medication had a duty of care to ensure that the prescription was accurate and appropriate for your medical condition.
Secondly, you must show that the healthcare professional breached their duty of care by making an error in the prescription or dispensing of the medication. This could be due to a mistake in the dosage, the type of medication, or any other factor that resulted in harm to you.
Thirdly, you must demonstrate that the breach of duty caused you harm or injury. For example, if you were prescribed the wrong medication and suffered an adverse reaction or your condition worsened as a result, this could be considered harm caused by the breach of duty.
Finally, you must show that the harm or injury you suffered was reasonably foreseeable and could have been avoided if the healthcare professional had fulfilled their duty of care.
If you meet these eligibility criteria, you may be able to make a medical negligence claim for a wrong prescription. It’s important to note that the process of making a medical negligence claim can be complex and it is advisable to seek the guidance of a qualified and experienced medical negligence solicitor.
We can help with that. Simply call us on our helpline at the top of the page to learn more.
How Long Do I Have To Make A Medical Negligence Claim?
The time limit for making a medical negligence claim is set out in the Limitation Act 1980.
According to the Act, a claim for medical negligence must be brought within three years from the date of the incident or from the date when the claimant first became aware that they had suffered harm due to the incident, whichever is later. This is known as the ‘date of knowledge’.
In cases where the claimant is a child or lacks the mental capacity to represent themselves, the three-year time limit does not start until they reach the age of 18 or regain their mental capacity. This means that they have until their 21st birthday or until their mental capacity is restored to bring a claim.
It is important to note that there are exceptions to the three-year time limit. In cases where the injury is not immediately apparent, such as in cases of medical negligence involving a misdiagnosis or a failed surgical procedure, the time limit may be extended.
In such cases, the three-year time limit starts from the ‘date of knowledge’, which is the date when the claimant became aware or ought to have become aware of the injury.
It’s important to seek the guidance of a qualified and experienced medical negligence solicitor as soon as possible if you believe that you may have a claim. You can get this advice by getting in touch with us.
We can advise you on the time limit for making a claim and help you to gather the evidence needed to support your case. Waiting until the time limit has expired could result in you losing the right to make a claim altogether.
How Can The Wrong Medication Be Prescribed?
There are several ways in which the wrong medication could be prescribed to a patient in the UK. One cause is human error.
Healthcare professionals, including doctors, nurses, and pharmacists, are human and can make mistakes. For example, a doctor may write down the wrong medication name, dose, or frequency, or a pharmacist may dispense the wrong medication due to a misreading of the prescription or a mix-up of medications with similar names.
Another potential cause of prescribing errors is the use of technology. While electronic prescribing systems can help reduce the risk of medication errors, they are not infallible. Technical issues, such as computer glitches or connectivity problems, could result in the wrong medication being prescribed.
Additionally, miscommunication can lead to the wrong medication being prescribed. For example, a doctor may misinterpret the patient’s symptoms or fail to take into account the patient’s medical history or allergies. Alternatively, a patient may fail to communicate their symptoms or medical history clearly, which could result in the wrong medication being prescribed.
Finally, the wrong medication could be prescribed due to inadequate training or supervision of healthcare professionals. For example, a new doctor or pharmacist may lack the necessary experience or training to prescribe medication accurately or may be under too much pressure to work efficiently.
In any case, the consequences of receiving the wrong medication can be severe, including adverse reactions, worsening of the underlying medical condition, or even death.
If you believe that you or a loved one have been harmed due to a wrong medication prescription, it’s important to seek legal advice from an experienced medical negligence solicitor, like ourselves. We can help you understand your legal options and guide you through the claims process.
How Can I Prove The Wrong Medication Was Prescribed?
To prove a medication error claim, the claimant must establish the following:
- The healthcare professional, such as a doctor or pharmacist, owed the patient a duty of care to prescribe or dispense medication accurately and appropriately.
- The healthcare professional breached their duty of care by making an error in the prescription or dispensing of the medication.
- The breach of duty caused the patient harm or injury. This harm could be physical, psychological or financial harm.
- The harm suffered by the patient was foreseeable and could have been avoided if the healthcare professional had fulfilled their duty of care.
To prove a medication error claim, the claimant will need to provide evidence that supports each of these elements. This could include medical records, prescription documents, witness statements, expert reports, and any other relevant evidence.
It’s important to note that medication error claims can be complex, and it’s often necessary to seek the guidance of a qualified and experienced medical negligence solicitor.
A solicitor can help gather evidence to support the claim and liaise with medical experts to assess the extent of the harm suffered by the patient. They can also provide legal representation and negotiate a fair settlement on behalf of the claimant.
Make A No Win No Fee Claim Today For A Medication Error
If you want to make a claim for a medication error, one option that could be open to you is to work with a No Win No Fee solicitor.
A No Win No Fee agreement, also known as a conditional fee agreement (CFA), is an agreement between a claimant and their solicitor that allows the claimant to pursue a medical negligence claim without having to pay upfront legal fees.
Under a No Win No Fee agreement, the solicitor agrees to take on the case and to be paid only if the claimant is successful in their claim. If the claim is unsuccessful, the claimant will not be required to pay any legal fees to their solicitor.
All of our solicitors work on a No Win No Fee basis, so if you’d like to take advantage of our service, get in touch today.
We offer a no-strings-attached case check that you can take advantage of today. Simply
- Call 0800 652 3087
- Or chat with us now via our live chat box, bottom corner
Learn More About Wrong Prescription Claims
If you’d like to learn more about wrong prescription claims or medical negligence generally, the links below may prove useful:
- Head here to learn how the NHS is acting to improve medication errors
- 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