My Doctor Prescribed The Wrong Medication, Could I Claim?
By Stephen Moreau. Last Updated 16th August 2024. Many medications have potent side-effects, so receiving the wrong one has the potential to cause serious harm. You may have experienced this and asked, “My doctor prescribed the wrong medication, can I claim compensation?”
Our guide covers important features of a medical negligence claim, including:
- The eligibility criteria that determine whether you can claim.
- What to do if a doctor prescribed the wrong medication and how evidence could help your case.
- How settlements for wrong prescription claims are calculated.
We also cover how our panel’s specialist solicitors offer expert guidance on a No Win No Fee basis.
To learn more about anything in this guide, discuss how much compensation for wrong medication negligence you might get, or have your potential claim assessed, reach out today. Our advisors provide 24/7 guidance at no charge. Choose any of these options to begin:
- 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:
- My Doctor Prescribed The Wrong Medication, Could I Claim?
- How Could The Wrong Medication Harm You?
- Medication Errors – What Evidence Do You Need?
- Settlements For Wrong Prescription
- My Doctor Prescribed The Wrong Medication, Could I Claim On A No Win No Fee Basis?
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:
- 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.
- 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 be able 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 an advisor 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 any psychological or physical 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 17th 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 | Severity | Guideline Amount |
|---|---|---|
| Multiple illness and injuries plus losses | Severe | Up to £500,000+ |
| Bowels | Cases Of Double Incontinence | Up to £224,790 |
| Kidney | Serious Damage Or Loss Of Both Kidneys | £206,730 to £256,780 |
| Loss Of One Kidney With Damage To The Other | £37,550 to £54,760 | |
| Kidney | Significant Risk Of Future UTI Or Loss Of Function | Up to £78,080 |
| Sight | Loss of Sight in One Eye with Reduced Vision in the Remaining Eye (ii) | £78,040 to £129,330 |
| Hearing | Total Loss of Hearing in One Ear | £38,210 to £55,570 |
| Bladder | Some Fairly Long-Term Interference With Function | £28,570 to £38,210 |
| Spleen | Loss Of Spleen With Risk of Infection | £25,380 to £32,090 |
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:
- Lost 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 an advisor from our team 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. A specialist solicitor from our panel could help you with your claim under a Conditional Fee Agreement (CFA), which is a form of No Win No Fee arrangement.
If your solicitor represents you under the terms of a CFA, they won’t take an upfront payment for their work. Additionally, they will also not charge you while the claim is proceeding. Likewise, if your claim fails, you won’t be asked to pay for their work on your case.
However, in the event that you receive a compensation award, a success fee will be taken from your compensation. The percentage that can be taken is small and legally capped.
If you have any questions about prescription error claims, our advisors are on hand to assist. They can give you a personalised claim evaluation and tell you more about settlements for the wrong prescription in the UK. Furthermore, should you satisfy the eligibility requirements, an advisor could connect your case to an experienced No Win No Fee solicitor 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 the live chat feature on this page.
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 That You Could Claim For.
For more information on claiming advice if a doctor prescribed the wrong medication to you, please contact us using the details above.
