Medication error claims are a way for those harmed by the erroneous prescribing, dispensing, or administering of medicines to claim compensation. Claims for medication errors may be made by patients who suffered avoidable harm or whose condition was made worse. Claims could be made against a private or public healthcare provider, provided that their negligent treatment resulted in you suffering unnecessary harm.
We trust that medical professionals will provide us with the right medication, at the right time, and in the correct dose. The wrong medication, wrong dose, or otherwise incorrect administration of medicines to patients could have severe effects. Conditions could be allowed to progress, new illnesses or harm to be suffered, and in some instances, such errors may be fatal.
If you or a loved one has been harmed by negligent medical care, medical negligence, our team could help you with making a medical negligence claim. An advisor could review your case and connect you to a solicitor from our panel. To sue a medical professional, such as a doctor, for negligence, please contact us.
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- Who Can Make Medication Error Claims?
- The Most Common Medication Error Examples
- How Might Negligence Cause Errors In Medication?
- What Compensation Can I Get For Medication Error Claims?
- What Will I Need When Claiming For Medication Errors?
- Is There A Medication Error Claims Time Limit?
- No Win No Fee Medication Error Compensation Claims
- More Information
Who Can Make Medication Error Claims?
Medication error claims could be made by anyone who has suffered avoidable, unnecessary, or otherwise preventable harm due to a healthcare professional’s negligent actions. Claims could be made by patients, family members, or other parties on their behalf.
Medical negligence claims must meet these criteria:
1. A Healthcare Professional Owed You A Duty Of Care
All medical professionals have a legal responsibility (duty of care) to provide the correct standard of care expected of them when treating their patients.
2. This Duty Was Breached
This means the care provided fell below what would be expected of a reasonably competent healthcare professional. For example, they may have failed to consider all your symptoms seriously, or failed to review any current medication you are taking before prescribing you a new medication.
3. This Breach Caused You Harm
Your case must prove that this breach either caused you unnecessary physical or psychological harm, illness, or worsened your condition.
Please get in touch with our team to find out if you could be eligible to make a medication error claim.
The Most Common Medication Error Examples
Examples of the most common medication errors may include being prescribed or dispensed the wrong medication, dosage, instruction, or failing to check for potential allergic reactions or adverse interactions with other drugs.
Types of medication or prescription errors could include:
- Prescribing the wrong medication or wrong dosage for a patient’s condition.
- Dispensing the wrong medication or incorrect dosage for a patient’s condition.
- Failing to check for adverse drug interactions with a patient’s existing medication(s).
- Failing to check if a patient is allergic to a medication.
- Incorrectly administering medication to a patient, such as missing or duplicating doses.
- Providing patients with illegible or otherwise unclear instructions.
Whether you experienced GP surgery, pharmacy, or hospital negligence, you may be eligible to claim compensation. Contact our advisors today to discuss your case.
How Might Negligence Cause Errors In Medication?
Negligence may cause errors in medication, such as patients being given the wrong type or dosage, or a medication to which a patient is allergic, during the prescription, dispensing, or administration of medication.
Examples of how negligence might cause errors could include:
- A GP prescribes a patient a new medication without fully checking their medical record, missing that they have a history of kidney disease. The new drug causes kidney damage and avoidable complications.
- Your pharmacist dispenses the wrong dose of your regular medication. The higher dose causes harmful side effects.
- A hospital patient’s notes clearly state their penicillin allergy. A healthcare professional overlooks this and administers it to the patient. They suffer an avoidable allergic reaction and life-threatening anaphylaxis.
- Hospital patients’ medication plan is updated. However, the nursing staff are not informed. The wrong medication is administered to the patient, with their condition being made worse.
These are examples of how negligence can cause medication errors. Please contact us to see whether you may have a valid medical negligence claim.
What Compensation Can I Get For Medication Error Claims?
Cases where a claimant sustained very severe brain damage could be awarded between £344,150 and £493,000, in line with compensation guidelines from the Judicial College (JCG). This is a resource which may be used by legal professionals when valuing injuries and illnesses suffered in medical negligence claims.
Compensation for medication errors claims could be awarded under general damages for the harm suffered and special damages for the associated financial losses.
In the table below, we have used some of the JCG’s figures that may be applicable in medication error claims. Please note that they are only guidelines, and the first entry has not come from the JCG.
| Form of harm & severity | Notes | Compensation |
|---|---|---|
| Multiple forms of harm plus special damages | The most severe forms of harm and special damages such as lost income, medical bills, or adaptations to your home. | Up to £1,000,000+ |
| Brain damage - very severe. | Awards may be affected by age, life, expectancy, and degree of insight. | £344,150 to £493,000. |
| Brain damage - less severe. | The person will have made a good recovery. | £18,700 to £52,550. |
| Kidney - serious damage. | Loss of the kidneys or serious and permanent damage. | £206,730 to £256,780. |
| Kidney - loss of one. | Loss of one kidney, other is undamaged. | £37,550 to £54,760. |
| Bowels - loss of natural function. | Dependence on a colostomy (depending on age). | Up to £183,190. |
| Bowels - severe injury. | Impairing function, may temporarily require a colostomy. | £54,420 to £85,100 |
| Bladder - loss of control & function. | Complete loss of function and control. | Up to £171,680. |
| Epilepsy - established petit mal. | Factors including medical control of attacks and prognosis impact compensation. | £66,920 to £160,360. |
Medication Error Claims Special Damages
Special damages awarded in medication error claims are for any financial losses the medical negligence has caused you to experience. This could include:
- Lost earnings, both current and future.
- Prescription fees.
- Rehabilitation costs.
- Care costs, both professional and gratuitous.
- Travel expenses to medical appointments.
Evidence of these losses, such as bank statements and payslips, must be provided in order to claim special damages. You can learn more about how compensation payouts for harm caused by healthcare professionals may be calculated by contacting our team.
What Will I Need When Claiming For Medication Errors?
You will need to prove that a medical professional was negligent, such as administering the incorrect medication or incorrect dosage, and that you suffered harm as a result of this when claiming for medication errors. Evidence which could prove medication or prescription error claims may include:
- A copy of your medical records.
- The packaging the medication came in.
- Your prescription form.
- Photos of visible harm caused.
- A diary detailing your symptoms.
- The contact details of anyone who witnessed the care and treatment you received.
A solicitor from our panel could help you with gathering evidence to support your specific claim. Contact our advisors today to learn more.
Is There A Medication Error Claims Time Limit?
Yes, there is a 3-year time limit for medication error claims, as set out within the Limitation Act 1980. This time limit runs from the date you received your treatment or the date you became aware that medical negligence took place (the date of knowledge).
There are exceptions to this standard limitation period if a child (under 18 years of age) or a person with reduced mental capacity has been harmed. You can learn more about these exceptions in our dedicated limitation period guide.
Contact our advisors today to see if you are still within the time limit to begin your claim.
No Win No Fee Medication Error Compensation Claims
No Win No Fee medication error compensation claim could be made with our solicitors. However, it should be noted that No Win No Fee refers to the costs of hiring legal representation and not the costs of making a claim. The solicitors on our panel work on a No Win No Fee basis under a Conditional Fee Agreement. With this in place, you will not need to pay them for their services prior to the claim starting, while it is in progress or if it fails.
Should the claim succeed, however, you will pay your solicitor a success fee. This is taken as a legally limited percentage of your compensation.
In addition to working under a CFA, one of the No Win No Fee solicitors on our panel could help you by:
- Help you collect supporting evidence.
- Ensuring your claim is started within the time limit.
- Helping you access medical treatment and a variety of therapeutic services.
- Organise an independent medical assessment of how you were harmed.
- Negotiate your compensation payout to cover your general and special damages
Contact Public Interest Lawyers
Contact Public Interest Lawyers today to find out how one of the No Win No Fee solicitors from our panel could help you with the medication error claims process:
- Talk to an advisor online.
- Call 0800 073 8803.
- Or send the details of your case via our contact form.
More Information
You can find more information about how our team could help you in the following guides.
- Read more about blood transfusion claims here.
- See how to claim sepsis compensation here.
- Check how to claim for pressure sores here.
External references:
- The General Medical Council publishes information on good practice in prescribing and managing medicines.
- Read about medication and patient safety in the NHS here.
- Find out more about NHS Resolution, who may handle your claim, here.
You can learn more about medication error claims and how one of the medical negligence solicitors from our panel could help you by talking to our dedicated team.