By Megan Webster. Last Updated 13th January 2023. 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.
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
Select A Section
- What Is A Prescription Error And Can I Claim?
- Types Of Prescription Errors You Can Claim Compensation For
- What Are The Effects Of Prescription Errors?
- How To Start A Prescription Medication Error Claim
- Compensation Payout Examples In Prescription Error Claims
- Start A Prescription Error Claim On A No Win No Fee Basis
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 well-being.
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.
Examples Of Prescription Errors You Could Claim For
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.
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.
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.
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.
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.
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.
If you have suffered harm due to a prescription error in the UK, you could potentially make a claim if you could provide it was caused by negligence. If your medical negligence claim is successful, your compensation settlement would include general damages. This compensates you for the harm you have suffered due to a healthcare practitioner breaching their duty of care.
Many legal professionals will use a document called the Judicial College Guidelines (JCG) to help them value claims. This is because the JCG assigns compensation brackets for various injuries at different severities. The amounts are based on previous claims. This is why we have used the figures listed in the 16th edition of the JCG when creating the following table. This table is to help you gain a clearer idea of how much you could receive in general damages following a successful claim.
However, this table should only be used as a guide. This is because how much compensation you could receive will be affected by the factors of your claim.
|Type Of Injury
|Where either both kidneys have been lost or permanently, seriously damaged.
|£169,400 to £210,400
|There is a serious risk of the kidney loosing its natural function or of developing a urinary tract infection.
|Up to £63,980
|Where natural bowel function has been lost and the person is dependent on a colostomy.
|Up to £150,110
|A complete loss of the control and function of the bladder.
|Up to £140,660
|Bladder control has been seriously impaired. There is incontinence and some pain.
|£63,980 to £79,930
|(a) Total Deafness and Loss of Speech
|Deafness at an early age which has impacted the development of speech. Could have been caused by a rubella infection.
|£109,650 to £140,660
|Where loss of the spleen results in a continuing risk of internal infection because of the impact on the immune system.
|£20,800 to £26,290
|Where the are no or minimal risks of the immune system being damaged or of developing an internal infection.
|£4,350 to £8,640
|There may be a good overall prognosis and by the time of trial the person has already made a good degree of recovery.
|£5,860 to £19,070
|The person will suffer with cramps, diarrhoea and disabling pain for a few days or weeks.
|£910 to £3,950
Additionally, special damages may be included in compensation settlements for prescription error claims. Any financial losses you have accrued due to being harmed by medical negligence could be compensated with special damages. Some of the things you could claim for under special damages include:
- Any medical costs.
- Loss of earnings.
- Care costs.
- Travel expenses.
Providing evidence of these losses could help support your claim. Receipts, bank statements, and payslips could all be used as evidence.
Contact an advisor today if you have any questions about making a medical negligence claim if you were given the wrong prescription.
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.
More Resources On Prescription Error Claims
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. If you need any more help or support, please get in touch.