This guide will explain who may be eligible to claim compensation if a GP prescribed the wrong medication. If a doctor makes a prescription error, a patient can become sicker. Or the patient’s existing medical condition can become worse. What potential mistakes can a doctor make? A doctor could possibly prescribe the wrong dose of medication. Or the doctor can prescribe the wrong type of medication.
What should you do if a doctor prescribes the wrong medication? If a prescription error causes you avoidable harm, you may be eligible to claim compensation for your injuries. This guide will explain who can claim compensation if a doctor gives a patient the wrong medication. And we will explain how to make a prescription error compensation claim. Moreover, we will look at how much compensation you could potentially claim for being given the wrong medication.
Please get in touch with Public Interest Lawyers today to begin your claim. Our panel of expert solicitors has solid experience working wrong prescription compensation claims. To begin your claim, please call our helpline on 0800 408 7825. Or you can use our contact form to reach us.
Select A Section
- What Are Prescription Errors?
- How Could A GP Have Prescribed The Wrong Medication?
- Am I Still Eligible To Claim Compensation?
- What To Do If Your GP Prescribed The Wrong Medication
- How Much Compensation Could You Get If Your GP Prescribed The Wrong Medication?
- Speak To Us About Your Prescription Negligence Claim
All medical professionals including doctors and pharmacists alike owe a duty of care to the patients they agree to treat. This duty should be present when medication is being prescribed. When doctors are prescribing medications to their patients it is vital that they follow professional standards so that patients are not given the wrong medication.
Medication errors could occur at different points i.e. when medication is being prescribed, when it is being made up or when it is being dispensed. This article will look at the causes of GP prescribing errors and what effects these could have on patients.
If you are unsure whether the effects you had to the wrong medication being prescribed could mean you are eligible to pursue a medical negligence claim for compensation why not call our advisors and have your case reviewed for free.
Let’s look at examples of potential causes when a GP prescribed the wrong medication to a patient:
- The doctor fails to look at the patient’s medical history and prescribes medication they are allergic to. Consequently, the patient suffers an allergic reaction. If the patient suffers a severe allergic reaction (anaphylaxis), this is life-threatening.
- A doctor fails to diagnose an illness because they ignore the patient’s symptoms. Therefore the patient does not receive any medication causing their condition to worsen.
- The doctor prescribes an incorrect dosage of medication. Firstly, a doctor could prescribe a dosage of medication that is too low. Therefore the medication may not have the desired effect. Or the doctor can prescribe a dosage of medication that is too high. Subsequently, the patient could suffer a drug overdose.
- The doctor prescribes medication that the patient cannot take with drugs that the patient is already taking. Consequently, this can create drug interactions that harm the patient.
What should you do if you are given the wrong prescription? Or if a GP prescribed the wrong medication? Always seek medical advice if there are any concerns about the medication you have been prescribed.
If you intend to make a medical negligence claim because a GP prescribed the wrong medication then collecting evidence is key. Please keep the prescription so that you have evidence that an error occurred.
Prescription Error Statistics
Unfortunately, there are an estimated 237 million medication errors a year in England. The majority of medication errors cause minimal harm. However, medication errors could cause 1700+ deaths and cost the NHS £98 million every year.
There is a time limit for making a medical negligence claim in the UK. According to the Limitation Act 1980, there is a three-year time limit to begin your compensation claim. The clinical negligence claims time limit begins from the day of the negligence or the date you become aware that your suffering was caused by medical negligence.
What happens if a doctor injures a child by giving them the wrong prescription. Children cannot claim compensation on their own behalf. However, a parent or guardian can act as a litigation friend. A litigation friend will claim compensation on the child’s behalf. Alternatively, the child can claim medical negligence compensation after their eighteenth birthday. The time limit will begin on the child’s eighteenth birthday and last three years.
Duty Of Care And Causation
Doctors have a duty of care towards their patients. A duty of care means that the doctor is responsible for providing the patient with adequate care. Therefore if a doctor prescribes the wrong medication to a patient, through not adhering to professional standards this could be classed as clinical negligence.
So, in order to make a valid claim for a GP prescribing the wrong medication the onus is on the patient to prove that the medical professional is liable for the suffering caused by the medication error. Please get in touch with Public Interest Lawyers if you have any questions that the guide has not answered.
If you intend to make a medical negligence claim because a GP has prescribed the wrong medication then you will need evidence to back up your claims.
Different types of evidence will be needed depending on what you are claiming for. Here is a list of potential pieces of evidence you may be able to use:
- A copy of the wrong prescription
- Your medication, if you still have it
- Copies of your medical records
- Photographs of any visible symptoms you have suffered
- Medical records that show your suffering, such as a kidney injury
If a GP has prescribed the wrong medication to you, you may be wondering how much you can claim for your injuries.
Any successful medical negligence claim can include two main types of damages; general and special damages. General damages will look to ensure your injuries and suffering caused are compensated for. Below in the table, we have covered general damages. We have used guidelines provided by the Judicial College to illustrate compensation brackets.
|Bladder Injury (b)||Total loss of bladder control and function.||Up to £132,040|
|Bowel Injury - (b)||Natural bowel function is lost and the person is dependent on a colostomy. Damages can depend on age.||Up to £140,870|
|Kidney Injury - (a)||Where there is permanent and serious injury or even the loss of both kidneys.||£158,970 to £197,480|
|Kidney Injury - (b)||There is significant risk of developing a UTI or of losing natural function of the kidneys. This could leave the person with substantial medical expenses in the future.||Up to £60,050|
|Kidney Injury - (c)||The person has lost one kidney but the other remains undamaged.||£28,880 to £42,110|
|Mental Anguish - (e)||This includes the fear of impending death or of the reduction of life expectancy.||£4,830|
|Total Hearing Loss - (b)||At the higher end of the bracket, there is both tinnitus and speech deficit.||£85,170 to £102,890|
|Eye Injury - (b)||Total blindness (loss of sight).||In the region of £252,180|
|Male Infertility - (d)||Cases of uncomplicated sterility with no aggravating features.||£52,620 to £66,970|
|Female Infertility - (d)||Infertility affecting a woman who would not have had children in any event.||£6,190 to £11,820|
Please be aware that the amount of compensation your settlement is worth may be lower or higher than what we have included in this table. The table contains general damages you could receive, compensation for the pain, suffering and loss of amenity caused by your injuries.
However, we have not included special damages in the table, as these can vary greatly on a case-by-case basis. Special damages reimburse you for the out-of-pocket expenses your injuries have caused.
Examples of special damages include the following:
- Medical costs
- Travel costs
- Specialist care costs
- Home adaptation costs
- Car adaptation costs
- Loss of income costs
If a GP prescribed the wrong medication, speak to Public Interest Lawyers today.
Our panel of skilled medical negligence lawyers may offer to handle your claim and will negotiate on your behalf to make sure you receive the compensation you deserve. We cover the whole of Great Britain, so we can help you if you need to make a prescription negligence claim.
What’s more, any claim taken on by a solicitor on our panel will be handled on a No Win No Fee basis.
What does making a claim with No Win No Fee solicitors mean? When you make a No Win No Fee claim, you will sign a Conditional Fee Agreement (also known as a CFA).
The Conditional Fee Agreement means that you will be charged a success fee if your legal team win your claim.
However, you will not have to pay a success fee if your solicitor does not win your claim. There is no upfront solicitors fee to pay, making a No Win No Fee claims service more affordable.
To begin your claim for a GP prescribed the wrong medication, please contact us today.
- Call Public Interest Lawyers’ claims helpline on 0800 408 7825
- Use our contact form to begin your claim online
- Or, you can use the chat widget on your screen to ask us a question directly.
Wrong Prescription Medication Compensation Claims
We appreciate that you have taken the time to read our guide. If you would like to learn more about making a prescription error claim, please look at these resources.
A Citizen’s Advice guide to making a medical negligence claim
Information about the NHS Litigation Authority
Thank you for reading our guide to claiming because a GP prescribed the wrong medication.