Prescription Error Claims – What You Need To Know

This guide will explain the prescription error claims process. All medical professionals owe their patients a medical duty of care. You may be eligible to make a medical negligence claim if you were affected by a prescription error that happened as the result of a breach of this duty of care.

Prescription error claims guide

Prescription error claims guide

If a doctor has prescribed you the wrong medication, you could experience adverse effects as a result. Furthermore, you might not receive the medication you actually need for your condition; this could make it worse than it would be if you’d received the right level of care.

If you’d like to see whether you’re eligible to make a No Win No Fee claim for a medication error, please contact our team of advisors today. Our panel of skilled clinical negligence solicitors have experience handling compensation claims of this nature.

To see if you have a valid prescription error compensation claim, please get in touch with us using the details below:

  • Call us on 0800 408 7825
  • Use the live chat feature at the bottom right of this screen
  • Contact us in writing via our website

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What Are Prescription Error Claims?

A prescription error is when a mistake is made when you’re being prescribed medication. It can have a negative effect on your health and wellbeing.

However, you cannot claim compensation for a prescription error that does not cause you harm. For example, an error might occur that is spotted before you take the wrong medication. You might also take the wrong medication, but this doesn’t have an effect on your health. If this is the case, you would not be able to claim.

Furthermore, a prescription error might happen, but not be the result of a breach of duty of care. If this is the case, you would not be able to claim, even if the medication error negatively affected your health.

What Are Prescription Medication Errors?

Some examples of prescription errors could include:

  • Being prescribed too low a dose of medication
  • Being prescribed too high a dose of medication
  • A spelling mistake means that you’re prescribed the wrong medication
  • You’re prescribed the right medication, but an error on the prescription means that you’re told to take the medicine at the wrong frequency

If any of these incidents occurred as the result of medical negligence and negatively affected your health, you could be entitled to claim.

Types Of Prescription Errors

There are different types of prescription errors; prescribing errors and dispensing errors. We will look at both of these in closer detail in this guide.

If you would like more information about whether you could claim for medical negligence that has negatively impacted your health, speak with a member of our team today about prescription error claims.

Prescribing Errors

A prescribing error occurs when there is a problem occurs in the prescription of the medication.

Prescribing errors a doctor can make:

  • The medication is over-prescribed. As a result, you may experience a drug overdose.
  • You’re told to take too low a dosage of the medication you’re prescribed. This means your condition gets worse than it would have otherwise.
  • A spelling mistake on the prescription means that you receive the wrong medication.
  • The medical professional prescribing the medicine has a lapse in memory and mistakenly writes down the wrong drug name on the prescription.

Dispensing Errors

Pharmacists are responsible for dispensing medication to patients. They are medically trained, meaning that they have the same duty to provide a minimum standard of care as all other healthcare professionals.

Here are some examples of dispensing errors that could occur:

  • Medication is mislabeled. This means that you receive medication that was meant for someone else.
  • The pharmacist mixes up prescriptions for two patients with very similar names.
  • When the label for the medication is printed at the pharmacy, the wrong dosage is inputted.
  • A pharmacist mistakenly grabs the wrong medication from the shelf, meaning it’s dispensed to a patient incorrectly.

This is not an exhaustive list of potential circumstances that could justify prescription error claims. If you’ve been harmed by negligence in a way we have not mentioned above, speak with an advisor today.

What Are The Effects Of Prescription Errors

As we have already mentioned, you cannot claim compensation if you’ve experienced a prescription error but it has not negatively affected your health. That being said, if you have suffered a new illness or worsening of your condition because of a prescription error caused by negligence, you may be able to claim.

Examples of how medication errors can affect your health include:

  • You could experience injury such as organ damage if you take medication that you don’t need. For example, you can suffer from kidney damage, brain damage, liver damage or damage to the stomach or spleen.
  • If you receive the wrong drug, your condition might go untreated. Therefore, your condition may worsen over time. This could also apply if you’re told to take too low a dose of medication.
  • You might be mistakenly given a medication that you are allergic to. This could cause a dangerous reaction.

Patients could be affected by a prescription error in a way that has not been mentioned above. However, if this is the case, you could still be entitled to compensation. Speak with a member of our team today for more information on prescription error claims.

How To Start A Prescription Medication Error Claim

To start your prescription error claim for compensation, please contact our team of advisors today. We will assess your case and can start work on your claim for compensation, provided your case is valid.

Your legal team will need to provide evidence to prove the following, to make a successful prescription error compensation claim:

  • Firstly that the medical practitioner owed you a duty of care.
  • Secondly that this duty of care was breached.
  • Thirdly, this breach of duty of care resulted in injury, illness or a worsening of your condition.

You can also provide evidence to support your claim. The evidence can include the following:

  • Medical evidence, such as medical records and the outcome of an independent medical assessment.
  • The prescription that your doctor gave to you if it was incorrect.
  • Photographs of any visible symptoms you have suffered.
  • Copies of medical records to show the harm that you were caused.

A solicitor from our panel may be able to help you collect evidence to support your claim. Speak with one of our advisors today for more information on prescription error claims.

Prescription Error Claims Calculator

If you are thinking of making a prescription error claim, you may be wondering how much money your claim is worth.

If your medical negligence claim is successful, you could receive up to two heads of claim. These are general damages and special damages.

Firstly, general damages compensate you for the pain, suffering and loss of amenity your injuries have caused. Secondly, special damages will reimburse you for any costs or expenses associated with your injuries.

Please be aware; the table below illustrates the general damages that you could be entitled to but does not contain special damages. Furthermore, the final compensation payout you receive may be different to what you see in the table.

We have used Judicial College guidelines to create this table, which is a list of guideline compensation brackets. However, please call our compensation claims helpline for a compensation quote that is more tailored to your individual circumstances.

Type Of InjuryCategoryDamagesComments
Brain DamageModerate (iii)£40,410 to £85,150There have been impacts on memory and concentration reducing this persons ability to work. There is some small risk of epilepsy.
Kidney - Damage(a)£158,970 to £197,480Where either both kidneys have been lost or permanently, seriously damaged.
Bowel - Damage(b)Up to £140,870Where natural bowel function has been lost and the person is dependent on colostomy.
Bladder - Damage(c)£60,050 to £75,010Bladder control has been seriously impaired. There is incontinence and some pain.
Deafness/ Hearing Loss(d) (i)£27,890 to £42,730Severe tinnitus and noise-induced hearing loss.
Reproductive System- Male(e)£22,230 to £29,380A case of uncomplicated sterility involving a man who already has children and who may have wanted to have further children.
Reproductive System- Female(a)£107,810 to £158,970Infertility affecting a women caused by disease or injury. There is also scarring, pain and severe depression.
Spleen (a) £19,510 to £24,680

Where loss of the spleen results in a continuing risk of internal infection because of the impact on the immune system.
Spleen (b)£4,080 to £8,110Where the above risks are not present or, if the risks are present but are minimal.
Psychological Injury(c) Moderate£5,500 to £17,900There may be a good overall prognosis and by the time of trial the person has already made a good degree of recovery.

We have included some examples of special damages you could claim below:

  • Medical costs that are not covered by the NHS
  • Specialist care costs
  • Travel costs
  • Reimbursement for loss of earnings
  • If you become disabled, you can claim compensation for any equipment you may need or claim funds for adapting your home.

For more information on what could be included in prescription error claims, speak with one of our advisors today. You could be connected with a No Win No Fee solicitor from our panel to work on your claim.

Starting No Win No Fee Prescription Error Claims

Please contact our team today to begin your prescription error claim. Our panel of medical negligence lawyers have experience in these kinds of claims.

If you choose to work with a solicitor, you could be represented on a No Win No Fee basis. This means that there is nothing for you to pay your solicitor upfront or in the event that your claim fails.

If you’re awarded compensation, your solicitor will deduct a success fee from your settlement award. This is legally capped, meaning that you won’t be overcharged.

To see if you have a valid wrong prescription compensation claim, please contact us today using the details below:

  • Call our medical negligence claims helpline on 0800 408 7825.
  • Contact us directly through our website.
  • Or ask us a question right now. Just type your question into our Live Support widget, and an advisor will help you.

Supporting Medical And Claims Resources

We appreciate you taking the time to read our guide on prescription error claims. If you want to know more about making a medical negligence claim, these resources may be useful:

Can I Sue My Doctor For Negligence?

How To Claim For A Data Breach By A Pharmacy

What Is The Time Limit For A Medical Negligence Claim?

Tips for dispensing medication, if you care for someone

Information about medicine from the NHS

The General Medical Council’s duties of a doctor.

Thank you for reading our guide on prescription error claims.

Guide by AH

Publisher ET