My Doctor Prescribed The Wrong Medication, Could I Claim?

By Stephen Moreau. Last Updated 29th February 2024. 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.

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:

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Doctor holding a prescription of medicine

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My Doctor Prescribed The Wrong Medication, Could I Claim?

There are specific criteria a case must meet to leave you eligible to make a prescription error compensation claim. This is:

  1. A medical professional, such as a pharmacist or a GP, must have owed you a duty of care.
  2. They must have breached their duty of care towards you.
  3. This caused you to suffer unnecessary harm.

All pharmacists, GPs and other medical professionals owe a duty of care to the patients they treat. They must ensure that all of their patients receive the minimum standard of care. If their care falls below the minimum standard, and you suffer unnecessary harm as a result, you could be eligible to make a claim for compensation.

However, it is important to note that not all cases of medication errors could lead to a claim. There may be some instances where a medical professional has adhered to their duty of care, yet you still suffered harm. In these instances, you might not be able to make a claim for compensation.

You can contact an advisor to learn more about prescription error claims. They will be happy to assess your eligibility to claim and give you free advice. Furthermore, they could connect eligible claimants with a solicitor from our panel.

Could I Claim For A Fatal Medication Error?

If a loved one has died because of a fatal medication error, then you may have valid grounds to make a fatal medical negligence claim on the deceased’s behalf. Like with non-fatal cases, a fatal medical negligence claim will need to prove that a medical professional breached a duty of care that they owed your loved one and this breach resulted in their death.

For more advice on making a fatal medication error claim, you can contact our advisors for free today. You can also ask our team other questions you may have such as “my doctor prescribed the wrong medication, can I claim?”

How Could The Wrong Medication Harm You?

If you are prescribed an incorrect medicine or the wrong dosage, it could lead to harmful side effects. Examples may include:

  • Organ damage or organ failure is one of the more severe side effects that could be caused by an overdose, which can occur when you are administered a higher dosage of a medication than required.
  • If the medicine contains ingredients that you’re allergic to, it could lead to a reaction with symptoms such as a rash or breathlessness, and in some cases could be fatal.
  • If you are given a medication that interacts with other medicine you are currently taking, then this could cause a wide range of symptoms such as drowsiness, dizziness, nausea and vomiting.

It’s important to note that not all medication errors will form the basis of a valid claim. A medical negligence claim can only be made if you have suffered avoidable harm because you were prescribed the wrong medication or the wrong dosage due to a medical professional breaching their duty of care. 

Contact our advisors for free either online or on the phone if you would like to ask questions such as “my doctor prescribed the wrong medication, could I claim?”.

Medication Errors – What Evidence Do You Need?

Without any proof that medical negligence has occurred, you would struggle to make a medication error claim. Therefore, you should consider gathering evidence, including:

  • The medication you were prescribed
  • Medical records that can show you were prescribed the wrong medication. For example, if you were wrongly prescribed antidepressants, then records could confirm an error in the prescription form or when medication was dispensed.
  • A medical report from an independent expert showing the extent of any injuries or harm you have suffered from medication errors

You might consider working with a solicitor to help you build your claim following a prescription error. They can gather relevant evidence and arrange for you to be assessed by a medical expert. Hiring a solicitor could make the claims process a lot smoother for you.

Whether you were prescribed the wrong prescription in a pharmacy or in another medical setting, our panel of medical negligence solicitors have years of experience in helping clients with these types of claims. Get in touch with us for free if you would like to know more.

Settlements For Wrong Prescription

Settlements for a wrong prescription claim will include general damages. This compensates you for the physical or psychological harm you have suffered. For example, if you take wrongly prescribed medication, you could potentially suffer an allergic reaction.

To help you gain a clear idea of how much you could claim in compensation following a successful claim, we have created the following table. The compensation amounts listed have been taken from the 16th edition of the Judicial College Guidelines (JCG). The JCG lists compensation brackets for various physical and psychological injuries. It is used by various legal professionals to help them value claims.

However, you should only use this table as a guide. Please note that the first entry is not included in the JCG.

Type of Harm Notes Amount
Multiple illness and injuries plus losses Settlements can include multiple illnesses and/or injuries from the wrong medication as well as financial losses, such as loss of earnings and carer assistance. Up to £500,000+
Kidney (a) Where there has been damage to both kidneys of a permanent and serious nature or the loss of both kidneys. £169,400 to £210,400
Kidney (b) The person may be at a significant risk of developing a future urinary tract infection. Up to £63,980
Kidney (c) Where there has been a complete loss of one kidney and the other hasn’t been damaged. £30,770 to £44,880
Bowels (b) The bowels completely looses its natural function. Depending on the person’s age they may require a colostomy. Up to £150,110
Total Deafness and Loss of Speech Deafness may have occurred at an early age, potentially due to a rubella infection. This could affect the development of speech. £109,650 to £140,660
Loss of Sight In One Eye With Reduced Vision in the Remaining Eye (i) The non-harmed eye is also at risk of damage, going beyond a risk of sympathetic opthalmia. £95,990 to £179,770
Bladder (c) Serious impairment to the bladder’s control. The person will also experience some incontinence and pain. £63,980 to £79,930
Digestive System (b)(i) Toxicosis of a severe nature that causes serious pain, vomiting and a fever. £38,430 to £52,500
Spleen (a) Where the spleen has been lost and someone faces a continuing risk of internal infection as a result of immune system damage. £20,800 to £26,290

Settlements For A Wrong Prescription – Special Damages

Settlements for wrong prescription claims could also include special damages, which addresses how the negligence affected your finances. Examples of what you could potentially be compensated for under special damages include:

  • Loss of earnings – If you’ve had to take unpaid time off work because of harm you’ve experienced when a doctor prescribed you the wrong dosage or medication, then you could claim for these lost earnings.
  • Travel costs – If you’ve had to spend money on public transport so you can receive treatment for your injuries or illnesses.
  • Medical expenses – These can include prescription costs and paying for therapy.

For more advice on making a medical negligence claim after a doctor prescribed you the wrong medication, you can contact our advisors today.

My Doctor Prescribed The Wrong Medication, Could I Claim On A No Win No Fee Basis?

If you are eligible to claim prescription error compensation, you might like to do so with legal representation. If so, one of the medical negligence solicitors from our panel could help with your claim under a Conditional Fee Agreement (CFA), which is a type of No Win No Fee arrangement. 

If your solicitor works under the terms of a CFA, they won’t take an upfront payment for their services or ask for fees for their work as your claim is ongoing. Likewise, if your claim fails, you won’t be asked to pay for their work on your case.

However, if your case succeeds, your solicitor will deduct a success fee from your compensation. The amount that can be taken is a small percentage that is limited by a legal cap. 

If you have any questions about prescription error claims, our advisors are here to help. They can give you a personalised claim evaluation and tell you more about settlements for the wrong prescription in the UK. Additionally, if you satisfy the eligibility requirements, you could be connected to one of the medical negligence solicitors from our panel. 

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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.