According to the NHS, 1.14 billion prescription items were dispensed in England in the year 2021/22. This is a massive amount of medications being circulated to those who need them, and this doesn’t include medications administered in hospitals and professional settings.
So what happens when a prescription or medication causes you harm? Side effects are unavoidable and are an unfortunate part of your treatment. But if medical negligence has lead to a medication error that caused you harm, then you may be able to make a claim.
In this guide, we’ll discuss when you could be eligible to make a medication error compensation claim, and what medical negligence actually means. We’ll also briefly cover the different types of medication errors, and the steps that you could take to help your claim.
We’ll also touch on compensation, including how certain kinds of compensation are calculated, and how a solicitor could help you negotiate a settlement.
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Browse Our Guide
- What Is A Prescription Or Medication Error?
- Can I Claim Medication Error Compensation?
- What Are The Different Types Of Medication Errors?
- How Often Do Medication Errors Happen?
- What Could I Do To Help Me Claim Medication Error Compensation?
- How Much Compensation For Medication Or Prescription Errors?
- Make A Medication Error Compensation Claim On A No Win No Fee Basis
- Learn More About Making A Medical Negligence Claim
What Is A Prescription Or Medication Error?
A prescription error can include being given the wrong medication, the wrong dosage, or being prescribed a medication that you have a known allergy to.
A medication error can happen in a hospital, walk-in centre, pharmacy, or GP surgery. If a medical professional gives you a medication, they should check that the dosage is correct, that you don’t have any allergies, and that it won’t negatively react with any medications that you are already taking. If they fail to do this, this could be seen as a medication error.
Keep reading to find out when you could claim prescription or medication error compensation. Or, contact our team today to get started.
Can I Claim Medication Error Compensation?
Not all medication errors will result in a successful medication or prescription error compensation claim. For example, if your pharmacist hands you the wrong medication, but taking it causes you no harm, you won’t be able to make a claim.
This is because the error didn’t cause you avoidable harm. Prescription and medication error claims are a kind of medical negligence claim, and to pursue these, you need to be able to prove that medical negligence occurred.
This means you need to establish that:
- A medical professional owed you a duty of care
- They breached this duty
- As a result, you suffered avoidable harm
For example, if you are on a course of chemotherapy, this will often come with negative side effects. You wouldn’t be able to claim for this because the harm is necessary to treat your illness. However, if your doctor prescribed a course of chemotherapy when you didn’t need it, then you could potentially make a claim, because that would cause you unnecessary harm.
We’ll talk more in the following section about how medical negligence can contribute to medication and prescription errors.
What Are The Different Types Of Medication Errors?
There are many different kinds of medication errors, including:
Inaccurate Dosage Provided
Underdosing and overdosing can both cause serious illnesses and, in some cases, prove fatal. An overdose can cause kidney and liver damage, as well as severe brain damage and epilepsy. Medical professionals should make sure that the dosage they prescribe is both safe and adequate before moving forward.
Wrong Medication Dispensed
Pharmacists are medical professionals, and they owe you a similar duty of care as a doctor. Part of upholding their duty of care is making sure that, when filling prescriptions, they dispense the right medication. This includes the type of medication, as well as the dosage.
Usage Being Prolonged
Prolonged usage of some medications can cause negative side effects, especially when the medication is no longer needed. If your doctor continues asking you to take medication to treat a condition that you no longer have, and this causes you to suffer from side effects, you could potentially make a claim.
Allergic Reactions
In some cases, you may take a medication and have an allergic reaction. If you didn’t know about the allergy beforehand, then you likely wouldn’t be able to make a claim. However, if you have a known allergy to penicillin or another drug and you are given it anyway, causing you to have a reaction, then you could potentially make a claim.
Allergic reactions can be very serious. Symptoms of an allergic reaction can range from rashes and swelling to being unable to breathe and, in some cases, anaphylactic shock.
Combining Drugs
When prescribing medication, your doctor should take your current medications into account. If they knowingly prescribe a medication that would react negatively to a drug you’re currently taking but don’t advise you of the risks, this could be seen as medical negligence, and you may be able to make a claim.
To find out if you could claim medication error compensation, contact us today.
How Often Do Medication Errors Happen?
NHS Resolution is a government body that covers claims management, learning and research, and primary care appeals. As part of their role, they often publish statistics relating to certain kinds of claims.
According to statistics published by NHS Resolution, between 2015 and 2020, 1,420 claims were made to NHS Resolution about medication errors. 487 of these claims were settled, leading to £35 million of compensation being paid out.
These statistics only illustrate the rate at which prescription errors and medication error claims are made to NHS Resolution, and not the rate at which they occur. If you think you have been harmed as a result of a medication error, get in touch with our team today.
What Could I Do To Help Me Claim Medication Error Compensation?
So, what steps can you take to help you through the medication error compensation claims process? There are a few things you can do, including:
- Seeking treatment: It’s important to seek medical treatment. This means you get the help you need, but it can also help your future claim by creating a record of the harm you’ve suffered.
- Collecting evidence: It’s essential that you can prove medical negligence occurred if you want to claim compensation. Collecting evidence is an important part of this, and can include things like patient charts, prescriptions, and a symptoms diary.
- Seeking legal advice: You aren’t obligated to make your claim with the help of a solicitor. However, we always recommend seeking professional legal advice before starting your claim. This is because solicitors have years of education and experience that make their advice invaluable.
Contact our helpful team today to find out how one of our expert solicitors could help you make a wrong medication claim. Or, read on to find out about compensation in medication error compensation claims.
How Much Compensation For Medication Or Prescription Errors?
So, how much compensation could you get for a medication or prescription error? This can depend on the circumstances surrounding your claim; for example, the amount of compensation you might receive can depend on the severity of the harm you suffered and how this harm will affect you in the future.
A typical medication error compensation payout can consist of two heads, which come together to form your final payout. The first of these two is known as general damages, and every successful claim results in this heading.
General damages cover the pain and suffering you go through as a result of the harm you suffered. It also covers something called loss of amenity, which basically addresses things like loss of enjoyment in hobbies and time with family and friends.
When professionals evaluate this heading, they might use the Judicial College Guidelines (JCG) to help. This document provides guideline compensation brackets for illnesses and harm, and you can find some of these below. Please note that the first entry in this table hasn’t been taken from the JCG.
Injury Compensation Notes
Severe Harm + Special Damages Up to £1,000,000+ Multiple instances of very severe harm in conjunction with lost earnings and other financial losses.
Very Severe Brain Damage £344,150 - £493,000 There is a need for full-time nursing care, with little to no language function or response to the surrounding environment.
Less Severe Brain Damage £18,700 - £52,550 Despite having some persisting problems like poor memory, a good recovery has been made.
Established Grand Mal Epilepsy £124,470 - £183,190 Consideration is given to how effective medication is, and the effect on daily life.
Injuries To The Digestive System (i) £46,900 - £64,070 Severe toxicosis that requires hospital admission with severe symptoms.
Injuries To The Digestive System (iii) £4,820 - £11,640 An allergic reaction that causes altered bowel function, cramps and discomfort and requiring hospital admission.
Injuries To The Digestive System (iv) £1,110 - £4,820 Pain, cramps, and diarrhoea that lasts for a few days to a few weeks but results in a full recovery.
Kidney Injuries c) £37,550 - £54,760 Loss of one kidney with no damage to the remaining kidney.
Severe Psychiatric Damage £66,920 - £141,240 Severe psychiatric damage that interferes with their ability to cope with daily life.
Severe PTSD £73,050 - £122,850 Severe symptoms prevent the claimant from functioning as they did before the trauma.
What Are Special Damages?
Special damages are the second head of claim that could you receive. Under special damages, financial losses that are a result of the harm you suffered can be recouped.
For example, if you are recovering from an overdose of medication administered by an anesthesiologist, then you may be unable to work for a long period of time. This can result in lost wages, and you could potentially claim these back under special damages.
This heading can also potentially help you cover the cost of:
- Private healthcare
- Childcare
- Mobility aids
- Home adjustment
- Nursing and home care
- Help with cooking and cleaning
- Travel to and from work or to medical appointments
To claim compensation under special damages, you need to be able to prove that the losses occurred. You can use things like bank statements, prescriptions, and receipts to do this.
Contact our team of advisors today to find out if you could be eligible for compensation.
Make A Medication Error Compensation Claim On A No Win No Fee Basis
The medical negligence claims process can seem complicated and stressful, but it doesn’t have to be. If you choose to work with a specialist solicitor on your claim, they can make the process seem simpler and less stressful by helping you:
- Understand different legal terms
- Collect evidence and prove your claim
- Communicate with both the Courts and the defendant
- Negotiate a settlement
- Make sure your claim is filed on time
Our solicitors offer all of these services and more under a Conditional Fee Agreement (CFA). Under this type of No Win No Fee arrangement, they’ll start work on your claim without asking for:
- An upfront fee
- Ongoing fees
- Any fees for their work if the claim fails
If you make a successful medication error compensation claim, then a small success fee will be taken from your compensation. Your solicitor will take this themselves as a percentage that is capped by law.
Contact Us
Find out if one of our specialist medical negligence solicitors could help you by getting in touch with our team of advisors. They can offer you a free initial consultation, during which they’ll tell you whether or not you could have a valid claim. Start now by:
- Starting your claim online
- Calling us
Learn More About Making A Medical Negligence Claim
For more information on making a medical negligence claim, take a look at some of our other guides:
- Learn how to make a medical misdiagnosis claim
- Find out how to make a claim for hospital negligence compensation
- Read our guide on birth injury claims
Or, for more helpful resources:
- Find out how to make a complaint about a service provider through the Care Quality Commission (CQC)
- Learn about poisoning from the NHS
- Search the GMC register for a doctor
Thank you for reading our guide to medication error compensation.