My Doctor Prescribed The Wrong Medication, Could I Claim?
By Danielle Fletcher. Last Updated 16th November 2023. 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:
- Calling us on 020 3870 4868
- Filling out our contact form online
- Using the live chat feature below to speak with an advisor
Select A Section:
- Eligibility For Prescription Error Claims
- How Could The Wrong Medication Harm You?
- Medication Errors – What Evidence Do You Need?
- Settlements For Wrong Prescription
- Compensation For Wrong Prescription – Make A No Win No Fee Claim
There are specific criteria a case must meet to leave you eligible to make a prescription error compensation claim. This is:
- A medical professional, such as a pharmacist or a GP, must have owed you a duty of care.
- They must have breached their duty of care towards you.
- You must have suffered unnecessary harm as a direct result of this breach.
All pharmacists, GPs and other medical professionals owe their patients a duty of care. Per their duty of care, 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.
There are various ways the wrong medication can cause you harm. Some examples of this include:
- Organ damage and failure. The wrong medication can cause damage to one or multiple organs that your body needs to function. This could result in requiring life support or dialysis to prevent or delay further harm.
- Drug interactions. If you are already on multiple medications and are given the wrong prescription, you could experience an interaction. The doctor or pharmacist should check your medications before prescribing a new one to ensure this does not happen. Taking the wrong medications together may cause seizures and brain damage.
- Allergies. If you have a known allergy to a particular medication, and you are still prescribed this, you could suffer an allergic reaction that could cause rashes and trouble breathing.
As with all medical negligence compensation claims, prescription error claims must be supported with evidence that proves you suffered avoidable harm due to a breach in the duty of care by a medical professional.
If you have any questions about settlements for the wrong prescription in the UK or would like to discuss the avoidable harm you suffered when given the wrong medication, contact one of our advisors.
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
- 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 a wrong prescription claim will include general damages. This compensates you for the physical or psychological harm caused due to a medical professional breaching their duty of care. 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. This is because how much compensation you could receive will depend on the specific factors affecting your claim.
|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 remaining eye suffers a serious risk of further deterioration 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. This compensates you for the financial losses you have suffered due to medical negligence. 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.
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.
To speak with an advisor:
- Call 020 3870 4868
- Fill in our ‘contact us’ form and an advisor will get back to you.
- Use our live chat.
Learn More About Claiming If A Doctor Prescribed The Wrong Medication
Below, we have provided links to external resources that you may find beneficial.
- Visit the Care Quality Commission for more information on the fundamental standards of care.
- See the NHS Constitution for England to learn more about your rights as a patient.
- Visit the NHS Resolution to find out the role they may play in certain medical negligence claims.
We have included links to some other guides on medical negligence claims.
- Is There A Time Limit To Make A Medical Negligence Claim?
- How to Report a Doctor For Medical Negligence
- Compensation For an Operation Gone Wrong
- Examples of medication errors
For more information on claiming advice if a doctor prescribed the wrong medication to you, please get in touch using the details above.