Medical Negligence Claims For Medication Errors

When we are sick or in need of treatment, getting the right medication can make a real difference to our recovery. Unfortunately, when medication errors occur during the process of prescribing, dispensing, or administering a drug, it can leave patients facing devastating physical, psychological, and financial harm. If you’ve been avoidably harmed due to substandard care, one of the expert solicitors from our panel at UK Law could help you start the medication error claims process.

Key Takeaways

• Approximately 237 million medication errors occur annually in England, with 28% of cases causing moderate or serious harm.
• Errors can occur at any stage of the medication process, from the ordering of a drug to its administration.
• Medication errors can arise due to prescriptions or packaging being misread, patient records not being reviewed, or a failure to check for potentially harmful drug interactions.
• An error can lead to worsening conditions, organ damage, allergic reactions, and even fatal outcomes.
• Our panel of medical negligence solicitors provide nationwide expert legal representation on strictly No Win No Fee terms.

Whether you have experienced a prescription or medication error, you deserve some peace of mind as you explore your options for claiming medical negligence compensation. That is where our advisors come in. Not only do they provide a supportive, confidential space for you to ask questions and share your experience, but they also offer a free consultation service. If you’d like to use this to check whether you can claim, please get in touch today.

Jump To A Section

1. What Is A Medication Error?
2. Can I Claim Medication Error Compensation?
3. Who Will I Claim Against For Medication Errors?
4. What Complications Could Errors With Medication Cause?
5. How Much Medication Error Compensation Can I Claim For?
6. Fatal Medication Error Claims
7. What Will I Need To Bring A Claim For Medication Errors?
8. Why Should I Claim For Medication Negligence With UK Law?
9. Can I Make A No Win No Fee Medication Error Claim?
10. Learn More

What Is A Medication Error?

A medication error is a mistake that occurs during the prescribing, preparing, dispensing, or administering of a medicine, often resulting in patient harm. These errors can arise for several reasons, including inadequate monitoring, incorrect or missed dosages, and the wrong medication being administered entirely.

While some errors cause no ill effects, others pose a serious risk of permanent health consequences or can be fatal. That said, adverse drug reactions sometimes occur even when medication is prescribed and administered correctly by a healthcare provider. For a medication error claim to be valid, you must prove that the harm you suffered was avoidable.

If you’d like to share your own medication experience, our advisors are ready to listen and help you explore your next steps in confidence.

Can I Claim Medication Error Compensation?

Yes, you can claim medication error compensation if you can show that you were avoidably harmed due to poor care you received as a patient. That requires demonstrating that negligence has occurred, which can be established by meeting the following criteria:

1. You Were Owed A Duty Of Care

For healthcare professionals such as doctors and pharmacists, a duty of care is the legal obligation owed to patients. This duty requires them to deliver a standard of care that meets the minimum expected. Regarding medication specifically, that obligation could be fulfilled by confirming the correct dosage is being prescribed or checking whether a patient has any declared allergies.

2. That Duty Of Care Was Breached

The next step in the medical negligence claims process is to prove a breach of duty. Breaches occur when healthcare providers, whether doctors or pharmacists, provide care that falls below required standards. For instance, your local GP might have failed to check whether a drug could have a harmful interaction with a patient’s other medications.

3. You Suffered Avoidable Harm Or Illness

The third and final step of determining the validity of a claim is showing that the breach led you to experience unnecessary harm. This requires establishing a causal link between the substandard care given by a medical professional and the physical and psychological harm you suffered. It can range from temporary illness to long-term conditions, such as permanent infertility or bladder damage.

Can I Claim For A Loved One After A Medication Error?

Yes, you can claim for a loved one after a medication error by acting as their litigation friend. This role applies when an individual is under 18 or has limited mental capacity, as neither can pursue a claim without the assistance of an eligible adult.

Litigation friends have several duties, with their overriding responsibility being to always act in the best interests of the person they are representing in a claim. You can learn more about the role and who else can help someone claim by reading our explainer on what a litigation friend is.

Our advisory team is also available 24/7, so please feel free to reach out with any questions you might have about how to make a medication error compensation claim.

Who Will I Claim Against For Medication Errors?

Whom you claim against for medication errors will depend on how and where you were harmed unnecessarily, and whether you were a public or private patient.

When pursuing claims against the NHS, cases are handled by an arm’s length body of the Department of Health and Social Care. NHS Resolution‘s duties extend beyond managing claims on behalf of NHS trusts; it is also responsible for paying compensation. This is sourced from its own budget, meaning public healthcare funding is not affected by successful claims.

If you’re making a claim against a private hospital or clinic, the process is much the same. However, their insurer or indemnity provider would typically be responsible for paying out compensation.

The following bullet points detail some situations showing how a medication error could occur because of substandard care:

• Doctor or GP: A doctor fails to check whether aminoglycoside antibiotics could interact harmfully with a patient’s loop diuretic medication before prescribing. A serious reaction follows, leaving the patient with renal failure and permanent kidney damage.
• Hospital: Staff administer antibiotics without first reviewing a patient’s medical records for documented allergies. The patient immediately experiences respiratory distress and goes into anaphylactic shock.
• Pharmacists and pharmacies: A pharmacist misreads a prescription, resulting in the dispensing of a high-dose thyroid drug instead of the intended medication. This leads to the patient developing atrial fibrillation and severe anxiety.
• Nurses and nursing homes: Poor record-keeping in a nursing home leads to serious dispensing errors, resulting in a resident receiving the wrong dosage of anticoagulants. The mistake causes excessive internal bleeding, as well as a blood clot in the leg.

Every medication experience is different, and these scenarios are by no means exhaustive. You can share your situation confidentially by contacting our advisory team today.

What Complications Could Errors With Medication Cause?

Complications that errors with medication could cause range from the worsening of conditions and overdoses to lasting neurological and organ damage. Specifically, prescription and medication errors can lead to:

• Neurological issues, including epilepsy and seizures.
• Organ damage, particularly to the bladder, bowels, and kidneys.
• Allergic reactions, which can have serious symptoms and cause anaphylaxis.
• Reproductive issues, for instance, infertility and sexual dysfunction.
• Long-term or permanent sensory loss affecting hearing and vision.

In addition to these physical impacts, medication errors can exacerbate existing conditions or cause patients to develop mental health issues, such as anxiety and depression.

Our advisors appreciate how challenging these situations can be for those affected. Rest assured, they are here to listen patiently, address your questions clearly, and provide advice in complete confidence.

How Much Medication Error Compensation Can I Claim For?

The amount of medication error compensation you can claim for depends on case-specific factors, including the degree to which you have been harmed, whether you’ve suffered permanent disability, and how your quality of life is affected.

In medical negligence claims, including those related to medication errors, the starting point of compensation is general damages. This head of claim covers your pain and suffering, as well as the broader impact on your ability to perform day-to-day tasks.

When valuing general damages, solicitors often refer to the Judicial College Guidelines (JCG) to assist their calculations. They may do so because this document lists various types and severities of harm, along with corresponding guideline brackets of compensation.

Since the brackets are purely suggestive, none of the entries can guarantee how much compensation you might be awarded in a medication or prescription error claim. Additionally, please keep in mind that the top entry is not sourced from the JCG.

Harm	Severity	Guideline Compensation
Multiple forms of very severe harm and financial loss	Very severe with financial losses including earnings, therapy costs, and medical expenses	Up to £1 million +
Brain damage	(a) Very severe, with degree of claimant's insight, physical limitations, and behavioural problems considered by bracket	£344,150 to £493,000
Brain damage	(e) Moderate (iii), affecting claimant's memory and concentration	£52,550 to £110,720
Kidney	(a) Both kidneys seriously and permanently damaged or lost	£206,730 to £256,780
Kidney	(c) 1 kidney lost without other organ damaged	£37,550 to £54,760
Bowels	(b) Natural function totally lost and colostomy reliance (age dependent)	Up to £183,190
Bladder	(b) Function and control will be completely lost	Up to £171,680
Epilepsy	(a) Established petit mal, with impact on social and/or working life considered by bracket	£66,920 to £160,360
Reproductive system (male)	(c) Likely permanent impotence or significant sexual dysfunction	£52,490 to £108,310
Reproductive system (female)	(c) Infertility without sexual dysfunction or aggravating features	£68,440 to £87,070
Digestive system (non-traumatic)	(a) (i) Severe toxicosis resulting in fever, serious acute pain, and hospitalisation	£46,900 to £64,070

Can Medication Error Claims Compensate For Financial Loss?

Yes, medication error claims can compensate for financial loss arising from the unnecessary harm a claimant has endured. Payouts are awarded under a head of claim called special damages, and can cover costs like the following:

• Private medical treatment, consultations, and prescriptions, such as to address organ damage or manage epilepsy.
• Lost income, together with the future impact of missed promotions and reduced earning capacity.
• Travel to clinic and hospital appointments, including parking fees and bus fares.
• Therapy or other mental health services.
• Home adaptations, which may be necessary in cases of permanent damage (e.g., severe toxicity resulting in sight loss).
• Purchases related to any special dietary needs.

No matter what costs you wish to recover, you can only claim for special damages if you have proof of your losses. So, keep hold of invoices for therapy sessions, receipts for essential purchases, and payslips detailing your earnings.

Our advisors are waiting to answer your questions about medication or prescription error compensation. They can also provide a free consultation to quickly and confidentially assess whether there are grounds to bring a medical negligence claim.

Fatal Medication Error Claims

When making fatal medication error claims in cases where medical negligence has resulted in death, certain rules need to be kept in mind. Specifically, in the first 6 months of death, only the estate of the deceased can pursue compensation. This claim would be made for the pain, suffering, and financial loss experienced prior to death.

Additionally, under the Law Reform (Miscellaneous Provisions) Act 1934, the estate can also claim on behalf of certain relatives. If the estate doesn’t make such a claim after the initial 6-month window, then the Fatal Accidents Act 1976 enables qualifying dependants to seek compensation for the impact of their loved one’s passing.

Our guide to fatal compensation claims discusses the process in depth. You can also speak with one of our advisors, who are always ready to provide sensitive assistance when needed most.

What Will I Need To Bring A Claim For Medication Errors?

To bring a claim for medication errors, you will need a copy of your medical records and other evidence showing that the harm you suffered was both avoidable and the direct result of receiving substandard care. Additionally, you must ensure that your claim is filed within the correct legal time limit.

Let’s first take a look at time limits. Generally, you have 3 years from the date of the negligence (or when you became aware of it) to begin pursuing a claim. However, those 3 years do not apply in all circumstances. You can learn why by reading our comprehensive guide to the medical negligence time limit.

When it comes to evidence, try to keep hold of any documentation related to the medication and its packaging. This can include prescription letters, container labels, and the medicine itself.

While gathering evidence can sound daunting, you would never have to prove a claim by yourself. Our panel of solicitors routinely help clients gather the evidence they need, and you can learn more about this service by speaking with an advisor and reading through another of our guides, this time on proving medical negligence.

Why Should I Claim For Medication Negligence With UK Law?

You should claim for medical negligence with UK Law because our panel of solicitors have a proven track record of offering dedicated, tailored support alongside expert legal representation. For our panel, clients are at the heart of every case they take on. They firmly believe that claimants deserve compassion from start to finish and should never be treated as just another statistic.

Our panel’s approach to supporting their clients is informed by that understanding, and claimants can benefit from a range of services from the outset. Your solicitor can:

• Identify, gather, and review evidence proving how you were affected by the medication error, then piece it together to build a compelling case.
• Help you access the rehabilitative services needed to support your well-being in the short and long term.
• Provide regular updates and straightforward guidance that always cut through legal jargon.
• Handle all deadlines, paperwork, and communication with the other parties.
• Negotiate a settlement that fairly reflects the impact of the medication error.

If you’d like further information on these services, all of which are offered to claimants on a No Win No Fee basis, our advisors are happy to provide details. You can chat with one of them anytime by using the contact options listed in this guide.

Can I Make A No Win No Fee Medication Error Claim?

Yes, you can make a No Win No Fee medication error claim with the tailored support of a specialist solicitor from our expert panel. Central to this commitment to clients is the Conditional Fee Agreement, a type of No Win No Fee contract that offers several advantages to claimants. Specifically, you can expect:

• Zero upfront service fees charged by their solicitor.
• Zero service fees for the duration of the claim.
• Zero service fees to pay if a claim were to be lost.

If you successfully claim compensation, your solicitor will receive a small percentage of it. The percentage taken for this aptly-named success fee is limited by a legally enforced cap, meaning the bulk of the compensation you receive would stay squarely with you.

Contact UK Law To Get Started

To see if you can get started with the medication error claims process today, contact UK Law’s advisory team for a free, no-obligation consultation. They are here to help, and reaching out could put you one step closer to pursuing compensation:

• Call directly on 020 3870 4868
• Fill out our online claim form
• Leave a message in our live chat

Learn More

Our site has several related guides which may be of help to you, including:

• How to seek pharmacy error compensation.
• An overview of claiming for anaesthetic negligence.
• What you can claim if you are wrongly prescribed antidepressants.

Additional external resources:

• Care Quality Commission (CQC) report on medicine safety in NHS trusts.
• NHS England standards on medication safety.
• General Medical Council (GMC) outlines good medical standards for doctors and other healthcare professionals.

If you would like tailored guidance on the medication error claims process, contact our advisory team for the help and assistance you deserve.