How To Claim For Common Prescription Errors
By Cat Reeves. Last Updated 5th May 2023. Welcome to our guide about compensation claims for prescription errors. This guide will explain the different types of prescription errors that can lead to a claim. It will also provide examples of the compensation you could receive. You may be able to claim if you’ve been given the improper dose or the wrong prescription due to negligence and you suffered as a result.
Our advisors could also answer any questions you have about the claims process. You can contact them for free. They can confirm if you’re able to claim and even provide you with an estimate of the compensation you could receive.
Furthermore, they can also put you through to a solicitor from our panel who specialises in clinical negligence cases. They can work your case on a No Win No Fee basis.
Contact us at a time that works for you. You can call us on 020 3870 4868. You can also use our claim online form, or use the chat window at the corner of your screen to get in touch. Read on to learn more about how you can claim for prescription errors.
Select A Section
- What Common Prescription Errors Could You Claim For?
- What Are The Effects Of Prescription Errors?
- Who Could Be Liable For Your Injury Or Illness?
- What Is The Time Limit For Wrong Prescription Claims?
- Could I Claim For NHS Prescription And Medication Errors?
- Prescription Errors Compensation Calculator
- Talk To A No Win No Fee Medical Negligence Solicitor
It’s important to note that you could only claim for prescription errors that were caused by medical negligence and led to your suffering. You may have had a condition worsened because of a prescription error or you may have endured new pain or a new illness because of a prescription error. You wouldn’t be able to claim for medical negligence that didn’t lead to your suffering.
There are three potential classifications for medicine in the UK. They are:
- General Sales List (GSL) – meaning the products can be bought from a retail shop.
- Pharmacy (P) – Can only be purchased from pharmacies under the supervision of a pharmacist.
- Prescription-Only Medicine (POM) – has to be prescribed by a medical professional, such as a doctor, and needs to be dispensed at a specifically licensed place.
This article looks at how you could receive compensation due to prescription errors caused by negligence and leading to harm. It will also provide information about the different injuries you could sustain and explain the types of prescribing errors that could potentially result in you receiving compensation.
If you prefer, you can also contact us at a time that works for you. Our advisors answer any queries or questions about the claims process. Please contact them at a time that suits you using the above details.
If a prescription error occurs, it can lead to potential injuries. These can include:
- An allergic reaction.
- Issues with your vision, hearing or internal organ injuries.
- A fatal injury, in extreme cases.
This section will highlight the reason you may be able to claim for prescription errors. We will also provide examples of prescription errors in the UK that you could receive compensation for.
What Duty Of Care Were You Owed?
Any medical professional, such as a doctor, nurse or GP, has a duty of care to their patients as do pharmacists. Every medical professional needs to ensure that their actions adhere to the standard level of care required when treating patients.
Additionally, for more detail about specific duties of care:
- Royal College of Nursing outlines a nurse’s duty of care.
- General Medical Council illustrates a doctor’s code of conduct.
- General Pharmaceutical Council outlines a pharmacist’s standards.
Questions such as, “what if my prescription is wrong, can I claim?” can be difficult to answer. It depends on aspects such as whether the medical professional’s treatment went below the standard level of care and how it detrimentally impacted you.
Prescription Errors In A Hospital
Prescription errors in hospitals could include:
- Being given the wrong medication because of mislabelling.
- A nurse incorrectly reading a label, providing you with another person’s medication.
- Being provided with the medication at the wrong time because of incorrect directions on the prescription.
Prescription Errors In A Pharmacy
Furthermore, much like in a hospital, prescription errors in a pharmacy can vary in severity based on the medication involved and the extent of the error. They could include:
- An administrative error meaning that your name has been written on the wrong prescription.
- Providing an improper dose of the drug. Prescription errors like this could lead to more severe side effects that permanently affect your health.
- Misidentifying the drugs that you should receive, meaning you’re given the wrong ones.
To know more about claiming for medical negligence, please contact our team of advisors. You can do so completely for free using the above details.
According to the Limitation Act 1980, there is a three-year time limit for starting wrong prescription claims. This time limit starts from the date negligence occurred or from the date when you first realised the harm you suffered was caused by a pharmacy or doctor breaching their duty of care when prescribing the wrong medication to you. This is known as the date of knowledge.
For those who are under the age of eighteen, the time limit is paused until they turn eighteen. At that point, the time limit will reinstate and end on their twenty-first birthday. However, while the time limit is paused, a court-appointed litigation friend could make the claim on their behalf.
Similarly, the time limit is frozen indefinitely for those who lack the mental capacity to claim for themselves. If they were to recover this mental capacity, then the time limit will reinstate on the date of recovery. Otherwise, a litigation friend can be appointed to claim on their behalf.
To find out if you are within the time limit to claim, contact our team of advisors today. Or, read on to find out how much compensation for wrong medication you could receive if your claim succeeds.
You could claim against a healthcare provider if you have a valid case. You’d need to show that:
- The professional owed you a duty of care.
- They breached this care.
- You suffered as a result.
When it comes to claiming for prescription errors, an important aspect of this is the Bolam Test. Medical professionals in the same field as the healthcare professional perform this test to determine whether the professional’s care went below the required standard. Furthermore, if it’s deemed that their treatment did go below this standard, you could potentially receive compensation.
Additionally, other important factors include evidence that shows how the medical negligence led to your suffering. Evidence can include:
- Medical scans
- Medical reports
- Photographs of any external injuries or symptoms caused
There are two heads of claim: general damages and special damages.
General damages relate to the adverse effects on your health (any physical and psychological damage) caused by medical negligence. The amount you could receive will be dependent on factors such as the extent of the injuries resulting from the adverse drug.
The Judicial College can provide you with a better understanding of what you could receive for general damages. They analyse payouts, comparing them to the severity of the injury. Therefore, by doing this, they’ve created compensation brackets, some of which you can see below.
|Type of Injury||Severity||Amount of Compensation||Potential Symptoms|
|Brain||Moderate (iii)||£43,060 to £90,720||Concentration and memory issues with the ability to work being reduced.|
|Brain||Less Severe||£15,320 to £43,060||Poor memory or concentration as well as disinhibition of mood.|
|General Psychiatric Damage||Less Severe||£1,540 to £5,860||Sleep and daily activities could be negatively impacted.|
|Eye||Minor||£3,950 to £8,730||Minor but permanent vision impairment in one or both eyes.|
|Chest||Fracture||Up to £3,950||Rib fracture can lead to several weeks of serious pain and disability.|
|Epilepsy||Other Epileptic Conditions||£10,640 to £26,290||A temporary epilepsy resurgence or one or two discrete epileptic episodes.|
|Kidney||Loss||£30,770 to £44,880||Loss of a single kidney. No damage is inflicted on the other kidney.|
|Deafness/Tinnitus||Total Deafness||£90,750 to £109,650||Cases in the lower end of the bracket are for where no tinnitus or speech deficit have been caused.|
|Bowels||Loss||Up to £150,110||Loss of natural function and potential dependency on colostomy.|
|Bladder||Loss||Up to £140,660||Complete loss of control and function.|
These figures only provide an example of what you could receive, as every case is unique and dependent on the evidence provided.
You could also potentially receive special damages when claiming. These relate to the financial losses caused by medical negligence. For example, you could claim for loss of earnings, travel expenses, home adjustments and private healthcare costs.
You may also be wondering, “what are the benefits of using a No Win No Fee solicitor to claim for clinical negligence?” By using a solicitor from our panel, you would only have to pay their fee if your claim is successful. This could make it more financially beneficial because their fee would be paid out of a small, legally capped portion of your compensation.
Therefore, you don’t have to worry about paying for their services upfront or during the claim. Moreover, there will be no hidden fees or costs.
Contact our advisors now completely for free if you want to learn more. They can tell you quickly and easily if you can claim. Furthermore, they can connect you with a solicitor from our panel who can work your case on a No Win No Fee basis. Do so at a time that suits you using the below details.
- Call us on 020 3870 4868
- Contact us through our website
- Use the chat window in the corner of your screen
To learn more about claiming for medical negligence and prescription errors, whether it’s due to a GP surgery, dentist or hospital, please use the below links.
Do you want to know how to complain to the NHS? If so, view this article on their website.
The Queen’s Nursing Institute also provides information about a nurse’s duty of care.
NHS Key Statistics for February 2022 can be found on the UK Parliament website.
Do you want to know how to make first aid negligence claims? If so, read this on our website.
You can read more about claiming for fracture misdiagnosis here.
You can read about the time limit to make a medical negligence claim on our website.
Other personal injury claim guides
- Medical Negligence Compensation Claims
- Dental Negligence Claims
- First Aid Negligence Compensation Claims
Thank you for reading our guide on claiming for prescription errors.
Checked by HT