My Doctor Prescribed The Wrong Medication, Could I Claim?

In this guide, we will provide information on who could potentially make a medical negligence claim if a doctor prescribed the wrong medication. For instance, if they prescribed you the wrong medication as a result of them providing a substandard level of care causing you to experience further or avoidable harm, you may be able to claim. This guide will explore the process of doing so, including gathering relevant evidence to support your claim.

A guide on what to do if a doctor prescribed the wrong medication

A guide on medical negligence claims if a doctor prescribed the wrong medication.

Additionally, this guide will explore the different ways in which a doctor could have breached the duty of care they owed you.

This could help you understand whether you may be able to make a medical negligence claim for a medication error.

For more information, you can get in touch with our team by:

  • Calling us on 020 3870 4868
  • Filling out our contact form online
  • Using the live chat feature below to speak with an advisor

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Why May A Doctor Have Prescribed The Wrong Medication?

There are various ways in which a doctor could have ended up prescribing you the wrong medication.

However, to hold a valid medical negligence claim, you need to show that a trained medical professional acted negligently. This means they provided care that fell below the expected standard and caused you to sustain preventable harm or an additional injury.

There are various ways in which your doctor’s negligence could have led them to prescribe you the wrong medication. For instance:

  • Wrong medication: Your doctor may have given you medication that you are known to be allergic to. As a result, your original condition may have worsened due to you not receiving the correct treatment. Also, you may have experienced additional harm as a result of complications from medication that was not suitable for you.
  • Wrong dosage: Your doctor may have given you the wrong dosage of medication leading you to experience symptoms of an overdose. As a result, you may have experienced further harm from taking a dosage that was too high.
  • Misdiagnosis of your illness or injury: You may have been misdiagnosed with a mild cough despite exhibiting clear signs and symptoms of a serious chest infection. As a result, your doctor may have prescribed you medication that didn’t treat your condition. This may have caused your chest infection to worsen and develop into pneumonia.

If you have experienced a similar incident, please get in touch with our team to find out if you can make a medical negligence claim if a doctor prescribed the wrong medication. They can advise whether you’re able to seek compensation.

How Could The Wrong Medication Harm You?

There are instances where taking the wrong medication could harm you. For instance, some medication is only suitable for certain people. Also, there may be some medications that certain people are allergic to.

The harm you experience will depend on the type of medication you have taken. However, some examples of the kind of harm a medication error could cause:

  • Allergic reaction: You could go into anaphylactic shock, due to a severe reaction to the medication.
  • Internal organ damage: Certain medications could cause damage to your internal organs.

It’s important to note that medications often have side effects that could affect anyone through no fault of anyone else’s. In instances where you have experienced side effects from a certain medication, a doctor may not have acted negligently.

What Is A Doctor’s Duty Of Care?

All medically trained professionals have a responsibility to provide the correct level of care to their patients to prevent them from suffering avoidable harm. As such, doctors should take all reasonable steps to ensure they are providing the correct standard of care to their patients.

There are several bodies that oversee the standards of care for different medical professionals to uphold.

For instance, the General Medical Council (GMC) set standards for doctors to follow throughout their careers. They also oversee the training and medical education of doctors in the UK. In addition, they aim to protect patients and take any necessary action to prevent doctors from putting patient safety at risk.

Additionally, the Care Quality Commission (CQC) aim to ensure that health and social services in England provide safe, effective and high-quality care.

If you have evidence that your doctor failed to uphold an adequate standard of care, you could report your concerns to the CQC or the GMC. Alternatively, you could pursue a clinical negligence claim to seek compensation for the harm you sustained.

For more information on clinical negligence claims if a doctor prescribed the wrong medication, see the section below. We have provided further details on proving medical negligence by collecting relevant evidence to support your case.

How To Make A Claim If A Doctor Prescribed The Wrong Medication

If you’re wondering ”can I make a claim if a doctor prescribed the wrong medication?”, there are a number of steps you could consider taking. For instance, you could gather evidence such as:

  • Prescriptions
  • Doctor records
  • Hospital records

Additionally, you may be asked to attend an independent medical appointment to produce a current report on the full extent of the harm you sustained. The report can highlight the severity of the harm you sustained and the extent to which it may have impacted your quality of life.

Furthermore, you could consider hiring a solicitor to represent your claim. A solicitor can offer several benefits including:

  • Arranging for you to attend a medical appointment in your local area
  • Helping you gather evidence that’s relevant to your case
  • Keeping you updated during the claims process

Our panel of personal injury solicitors have experience handling medical negligence claims involving medication errors. For more information on how you could work with a solicitor from our panel, call the number at the top of the page.

How Much Could I Claim If A Doctor Prescribed The Wrong Medication?

It’s difficult to provide a definitive figure when looking at how much your claim may be worth because several factors are considered when calculating your settlement.

Generally, though, your claim may comprise general damages. These cover any mental or physical harm you have been caused as a result of medical negligence. When calculating the value of your injuries, the level of severity will be taken into account. In addition, it will be considered how the harm you have sustained has impacted your quality of life and the future impact it may continue to have.

Medical evidence you provide in support of your claim will be used to assess the nature and extent of the harm you experienced. Alongside this, guidelines from the Judicial College may also be used to help value your claim. These guidelines provide bracket compensation amounts for different injuries which have been used to create the table below.

Harm SustainedSeverity and DetailsCompensation
Kidney (a) Where there has been damage to both kidneys of a permanent and serious nature or the loss of both kidneys.£158,970 to £197,480
Kidney(b) The person may be at a significant risk of developing a future urinary tract infection. Up to £60,050
Kidney(c) Where there has been a complete loss of one kidney and the other hasn't been damaged. £28,880 to £42,110
Spleen(a) Where the spleen has been lost and someone faces a continuing risk of internal infection as a result of immune system damage. £19,510 to £24,680
Mental anguishSomeone might fear that their life expectancy has been reduced or they may fear death is pending. £4,380
Non-traumatic Injury(b) (i) Toxicosis of a severe nature that causes serious pain, vomiting and a fever. £36,060 to £49,270
Non-traumatic Injury(b) (iv) Someone might experiencing varying degrees of disabling pain alongside other symptoms that last for days or weeks. £860 to £3,710
Male Reproductive System (c) (i) The most serious cases of sterility. The cases could fall into various categories such as surgical and chemical. £132,040
Female Reproductive System(e) Where failed sterilisation has led to an unwanted pregnancy that hasn't caused a serious psychological impact or depression. In the region of £9,570

Please only use these figures as a guide because your actual settlement will vary.

Could I Claim Back Any Additional Costs?

Alongside general damages, you may be able to claim back any financial losses incurred as a result of the harm you sustained under special damages. These might include:

However, please note that you will need to provide documented proof of losses if you wish to claim them back. For instance, you could provide payslips to highlight any loss of earnings.

Discuss Your No Win No Fee Claim Against A Doctor

Our advisors may be able to arrange for an expert clinical negligence solicitor from our panel to represent your claim under a No Win No Fee agreement. This would mean you will have no upfront fees to pay and no fees to pay while your claim is ongoing.

Furthermore, if the claim fails you won’t be required to pay your solicitor a success fee. However, if the claim is won, the success fee will be taken from your compensation as a percentage that is subject to a legal cap.

If you would like to learn more about how you could work with a solicitor from our panel on this basis, please get in touch with our team. They could assign a solicitor from our panel to start working on your case if it has a chance of succeeding.

Alternatively, if you’re not yet ready to claim, they could provide further guidance on what to do if your doctor prescribed the wrong medication.

Either way, you can get in touch by:

  • Calling us on 020 3870 4868
  • Filling out our contact form online
  • Using the live chat feature below to speak with an adviser

Learn More About Claiming If A Doctor Prescribed The Wrong Medication

Below, we have provided links to external resources that you may find beneficial.

We have included links to some other guides on medical negligence claims.

For more information on claiming advice if a doctor prescribed the wrong medication to you, please get in touch using the details above.