How Much Prescription Error Compensation Can I Claim?

Suffering a prescription error can lead to serious physical harm, often encompassing hospitalisations, allergic reactions, damage to organs and overdoses. A person may be able to make a prescription error compensation claim if a healthcare professional failed to provide the appropriate standard of care, such as by providing the wrong medication, the wrong dosage or poor instructions. The amount of prescription error compensation you could get will ultimately depend on the level of harm suffered, the length of your suffering, and the overall impact on your quality of life. Compensation for prescription errors will also consider factors beyond physical symptoms, such as medical costs, hospital stays, lost income, domestic care costs and psychological distresses. Fortunately, our team is here to help you navigate the claims process.

At Public Interest Lawyers, we’re committed to helping you through this challenging time. As part of our free services, our advisors can answer your questions, give helpful advice and provide a free eligibility consultation to assess the merits of your case. After this, you could be connected with one of the specialist medical negligence solicitors from our panel to start your prescription error claim. Working on a No Win No Fee basis, our panel of talented solicitors have decades of combined experience in securing pay-outs for clients just like you.

To learn more about starting a prescription error compensation claim, please contact our advisory team:

 

Frequently Asked Questions

    1. Can I Claim For Errors With My Prescription?
    2. How Much Prescription Error Compensation Can I Get?
    3. Can Compensation For Prescription Errors Cover Special Damages?
    4. What Are Some Prescription Error Examples?
    5. How Can I Prove A Prescription Error Was Due To Medical Negligence?
    6. Prescription Error Compensation Claim Time Limits
    7. Why Claim For A Prescription Error With Public Interest Lawyers?
    8. Can I Claim For Errors With A Prescription On A No Win No Fee Basis?
    9. Learn More

Can I Claim For Errors With My Prescription?

Yes, you could claim for errors with your prescription if you could demonstrate that you suffered harm due to negligent medical care. Across all healthcare settings, medical professionals have a legal responsibility to provide anyone that they are administrating care, including prescriptions to with the correct standards of practice. This standard is upheld among both public and private sectors. Therefore, if these standards are not met and you suffer harm as a result, this can be deemed as medical negligence.

To make a compensation claim, you must be able to fulfil the following eligibility requirements:

  1. You Were Owed a Duty of Care

All healthcare professionals including doctors, nurses, and pharmacists will automatically owe you a duty of care when providing treatment, including when dispensing prescriptions. This ultimately means they must provide the minimum expected standard of care and ensure the safety of patients.

  1. That Duty of Care Was Breached

This may occur when a healthcare professional makes a mistake that falls below the expected standard of care. For instance, a healthcare professional could prescribe the wrong drug, administer the wrong dosage, or fail to assess previous allergies.

  1. The Breach Caused You To Suffer Avoidable Harm

You must be able to demonstrate that the prescription error caused you to suffer physical harm, psychological distress or an illness. This could include serious side effects, organ damage, and hospitalisation.

To learn more about eligibility to claim prescription error compensation, please get in touch today.

A close up of prescription medicines on a table

How Much Prescription Error Compensation Can I Get?

The amount of prescription error compensation you could get will depend on the severity of the harm you suffered, the overall prognosis, and the affect on your daily life and activities.

Successful prescription error claims will be awarded general damages. This part of the settlement compensates for the physical pain, mental suffering and any loss of amenity.

Typically, general damages will be assessed by a solicitor using medical evidence and the Judicial College Guidelines (JCG). This publication is widely-used by legal professionals as it contains compensation guidelines for many different types of harm.

All entries in the table below, apart from the first figure, have been taken from the JCG. Please note that the entries are merely guidelines, and do not guarantee how much compensation you could receive.

HarmSeverityCompensation Pay-out
Multiple forms of harm with financial losses Serious - with special damages such as medical expenses, travel costs and lost earningsUp to £1,000,000+
Brain DamageVery Severe - with the level of award depending on the degree insight and the life expectancy£344,150 to £493,000
Brain DamageModerately Severe - the level of award will depend on the ability to communicate and epilepsy£267,340 to £344,150
Kidney Injuriesa) - with permanent damage and a loss of both kidneys£206,730 to £256,780
Kidney Injuriesb) - with a total loss of the kidney function with a future risk of urinary tract infectionsUp to £78,080
Kidney Injuriesc) - involving the loss of one kidney with no damage to the other.£37,550 to £54,760
Total IncontinenceSerious - involving double incontinence with other furture medical complicationsUp to £224,790
Bowel Injuries b) - involving the loss of a natural function with a colostomy dependence.Up to £183,190
Bowel Injuries c) - with faecal urgency, embarassment and distress following an operation.In the region of £97,530
Bowel Injuries d) - causing an abdominal injury with an impairment of function and a restriction of employment.£54,420 to £85,100

For a free compensation evaluation today, please contact one of our friendly advisors.

Can Compensation For Prescription Errors Cover Special Damages?

Yes, compensation for prescription errors can cover special damages if your case is successful. In all, the award of special damages can compensate you for monetary losses you may have suffered due to your harm.

Examples of special damages can include the following:

  • Lost earnings, including a current or future loss of earnings, loss of overtime pay, bonuses, and pension schemes if you needed time off work due to harm caused by a prescription error.
  • Medical expenses, such as private consultations, prescription costs and corrective treatments due to the harm you suffered.
  • Care costs, encompassing help with performing daily tasks such as cleaning, cooking, nursing and dressing.
  • Travel expenses, including fuel and public transport costs from travelling to and from medical appointments. This may also include parking fees from hospital visits and clinics.

Special damages must also be supported with evidence in the following forms:

  • Receipts
  • Invoices
  • Payslips
  • Bank statements

To learn more about special damages, please get in touch with our helpful advisory team today.

A doctor holds his head in his hands after prescribing the incorrect medication

What Are Some Prescription Error Examples?

Some prescription error examples may involve healthcare professionals confusing drugs with similar names or omitting to provide crucial medications. Please see the following examples in further detail and how prescription error compensation claims could arise as a result:

  • A GP could accidentally prescribe a high dosage of a drug, resulting in patient harm. For instance, a patient could be prescribed with a high dose of warfarin, resulting in internal bleeding, severe vomiting and persistent bleeding.
  • A pharmacy could fail to assess a patient’s medical history when dispensing antibiotics. Due to this, the patient could suffer a severe allergic reaction due to penicillin, resulting in organ damage and an anaphylactic shock.
  • A doctor could fail to check possible drug interactions when prescribing new medications for a patient. These medications could negatively interact with one another, causing a patient to suffer liver damage, dangerous drops in blood pressure and sepsis.
  • A pharmacist could mislabel medication at a pharmacy, causing the wrong medication to be given to a patient. Due to this, the patient could suffer unnecessary side effects, including severe pain and rashes. Moreover, the patient could suffer further harm due to the worsening of their original condition from a lack of treatment.

Please note that the above list is not exhaustive, and prescription errors can arise in many different scenarios. To discuss your personal experience with one of our advisors, please feel free to contact us today.

How Can I Prove A Prescription Error Was Due To Medical Negligence?

You can prove that a prescription error was due to medical negligence by providing strong forms of evidence, including witness contact details and photographs of visible signs of harm.

Further forms of evidence could include the following:

  • Your medical records, containing details of your condition, the medication prescribed and the harm you suffered.
  • Copies of prescription forms, packaging, labels, medication containers and any remaining medications.
  • Correspondence between yourself and the institution where you experienced negligence.
  • A daily symptoms diary, detailing the level of harm you suffered from day-to-day, as well as any treatments you received.

To discover more about evidence, please see our dedicated guide about how to prove medical negligence.

For help with evidence-gathering, please contact our advisors to see if you could be connected with our solicitors.

A young woman works in a pharmacy

Prescription Error Compensation Claim Time Limits

Typically, you will have up to 3 years to start your claim for prescription error compensation. As per the Limitation Act 1980, the 3-year time limit will run from:

  • The date of negligence, such as the date the prescription was issued or;
  • The date you became aware that the harm you suffered was caused by substandard medical care.

For more help with time limits, please refer to our dedicated guide on what is the limitation period.

To discover how you could make a prescription error compensation claim on behalf of a loved one, please get in touch with one of our friendly advisors today.

Why Claim For A Prescription Error With Public Interest Lawyers?

You should claim for a prescription error with Public Interest Lawyers due to our dedicated, personalised service to clients just like you. As experts in medical negligence claims, our solicitors can utilise their experience to maximise the compensation that you receive.

You could also enjoy the following benefits on a No Win No Fee basis with the solicitors from our panel:

  • Expert advice about prescription errors that adheres strictly to the rules of confidentiality
  • Putting you in contact with the professionals who could help you after your prescription error experience. This may include physical therapists, counsellors, and cognitive-behavioural therapists.
  • Explanations of legal terminologies and jargon to give you a full understanding of the prescription error claims process.
  • Helping you to apply for interim payments
  • Providing regular case updates so you’re never left wondering where your prescription error claim stands.
  • Helping you to gather evidence to prove that a prescription error occurred.

To discover more about the benefits of the solicitors from our panel, please feel free to call our advisors today.

Can I Claim For Errors With A Prescription On A No Win No Fee Basis?

Yes, prescription errors could be claimed for on a No Win No Fee basis, provided that you’re put through to one of the specialist solicitors from our panel. Working on a Conditional Fee Agreement (CFA), you could experience the following:

  • No solicitor service fees at the beginning of your claim, as it progresses, or in the event that it’s unsuccessful.
  • You will need to pay a ‘success fee’ if your claim has a positive outcome. It will be deducted by your solicitor from your compensation as a legally limited percentage. This fee will be fully discussed with you before your solicitor starts work on your claim.

A solicitor helps to claim compensation after a client suffered a medication error.

Get In Touch With Us For Advice

To discover more about the prescription error compensation claims process, please feel free to get in touch with our team today:

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To learn more about medical negligence claims, please see some of our other guides:

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Thank you for reading our helpful guide about prescription error compensation claims.