How To Sue For A Prescription Error Claims Guide
Are you wondering whether you can sue for a prescription error? If so, our guide could help you determine whether you have the basis to make a medical negligence claim.
In this guide, we will provide examples of how a medication error could happen and the evidence needed to make a successful claim. Furthermore, we will share some potential compensation figures you could receive following a successful claim.
Additionally, our advisors could help you by providing free legal advice regarding your claim. They are available to help you 24/7.
Contact us on the following:
- Call 0800 408 7827
- Live chat with an advisor via our pop-up.
- Contact Us online.
About Suing For A Prescription Error
- How To Sue For A Prescription Error?
- Examples Of Medication Errors
- Who Could I Sue For A Prescription Error?
- What Evidence Do I Need To Sue For A Prescription Error?
- Medication Error Compensation Examples
- How To Sue For A Prescription Error With A No Win No Fee Solicitor
- Get Free Legal Advice And Make A Claim
- Learn More About Medication Error Claims
How To Sue For A Prescription Error?
A medication error can happen when providing advice on medicines, in the process of prescribing, preparing, administering, dispensing, or monitoring. Prescription errors can happen in hospitals, your GP’s surgery, at pharmacies or by a prescribing nurse.
It’s not unreasonable to expect your doctor to prescribe you the correct medication for your injuries. For if you were to be given the incorrect prescription, you could suffer some serious consequences that could affect your physical and mental health and impact your quality of life.
As a patient, if you have experienced a prescription error, you should seek medical advice if you’ve taken the wrong medication. Secondly, you should report it to the establishment where the incident happened.
Medical professionals owe a duty of care to their patients. This means ensuring that they provide a service that does not deviate from professional standards. In order to make a successful medical negligence claim you will need to prove that the duty of care which was owed to you had been breached. This breach will need to have gone on to cause you harm.
For more guidance on how to sue for a prescription error, call an advisor today.
Examples of Medication Errors
All medical professionals owe their patients a duty of care by doing all they can to ensure they avoid causing you unnecessary harm. This also includes ensuring that they prescribe you the correct medication for any conditions that may require medical treatment.
Furthermore, the Medicines Act 1968 regulates the supply of medicinal products, the manufacturing process, distribution, import, export and sale.
There are many ways an error can be made when prescribing medication. For example:
- Giving the wrong dosage either over or under the amount needed.
- Prescribing incorrect medicine for a specific illness.
- A pharmacy accidentally gives you someone else’s prescription.
- Being prescribed medication that contains something you’re allergic to, such as a penicillin allergy, that your doctor was aware of.
Depending on what medication you were incorrectly prescribed, you could suffer minor consequences such as vomiting, headaches and potential rashes to much more serious implications like anaphylactic shock and damage to internal organs like the bowel and stomach or even brain damage.
As we stated before, in order to sue for a prescription error, you must prove how the duty of care you were owed was breached. Compensation can be awarded for two heads of loss; general damages look at the effects the prescription error had on your health, in addition, special damages look at the financial loss caused.
Who Could I Sue For A Prescription Error?
Different medical professionals and institutions may be involved when it comes to your prescription medication. This can be a doctor, prescribing nurse, carer, pharmacy and their staff. Prescription errors could occur in the following medical settings:
- Acute/ general hospital.
- Ambulances.
- Community nursing, medical and therapy services, including community hospitals.
- General practice.
- Mental Health Services.
Additional people who could be responsible for a medication error include:
- Hospital or GP administration staff
- Nurses, nursing home staff and/or staff in care homes
- A private health care service.
As we stated previously, all medical professionals owe you a duty of care. If your doctor or nurse etc. were to act negligently, you could be prescribed the wrong medication. However, liability in a medical negligence case is not always straightforward.
The Bolam test is used to help prove liability. This involves seeking the opinion of other medical professionals. If they agree with the course of action taken, negligence is difficult to prove. However, the Bolam test always ensures there is no bias. Additionally, medical professionals are expected to uphold the integrity of the medical industry.
For more information on who you could sue for a prescription error, speak with our team today.
What Evidence Do I Need To Sue For A Prescription Error?
Evidence is vital to proving liability for medical negligence for a prescription error. There are various types of evidence that could help your case. Some evidence you could provide is:
- A copy of the prescription form
- Your medical records, as they will state what medication you have been prescribed.
- How the incorrect medication impacted your health and quality of life. – Medical records following the error stating symptoms, diagnosis and treatments could help prove the prescription error impacted your health.
- Pictures of any physical reactions could also be used, for example, if the wrong medication gave you a rash.
Being prescribed the incorrect medicine can result in some serious consequences. If you believe you have sufficient evidence and would like to sue for a prescription error, call us today for some free legal advice.
Medication Error Compensation Examples
When pursuing a medical negligence claim, your settlement could be split into special and general damages.
Any financial losses that have occurred as a direct result of the harm you have suffered following a prescription error could be compensated with special damages. E.g. paying for private care. However, you will need to provide evidence of these losses, such as bank statements.
Additionally, the physical and mental harm that has affected your quality of life following the prescription error could be compensated with general damages.
The table below gives you examples of general damages.
We have taken the figures from the 16th edition of Judicial College Guidelines (JCG), which solicitors use to help value a claim. However, compensation figures can vary depending on your specific claim, so only use this table as a guide.
| Injury | Severity | Amount |
|---|---|---|
| Epilepsy | (b) Established Petit Mal - Effect of daily life and initial prognosis will determine how much is awarded. | £54,830 - £131,370 |
| Eplilepsy | (c) Other Epileptic Conditions - a temporary resurgence of epilepsy one or two discrete epileptic episodes. | £10,640 - £26,290 |
| Bladder | (c) Serious impairment of bladder control which will cause incontinence and some pain. | £63,980 - £79,930 |
| Reproductive System: Male | (d) Uncomplicated sterility with no impotence. Usually applicable to a young male without children. | £56,080 - £71,350 |
| Reproductive System: Female | (c) Complete infertility with no aggravating symptoms or sexual dysfunction. | £56,080 - £71,350 |
| Kidney | (b) Loss of kidney function or serious risk of a urinary tract infection (UTI). | Up to £63,980 |
| Impairment of Taste and Smell | (d) A complete loss of taste. | £19,200 - £24,990 |
| Spleen | (b) Minimal risk of internal infections. | £4,350 - £8,640 |
| Digestive System | (b)(iv) - Non-traumatic injury causing various degrees of cramps and pain with diarrhoea for a short while. | £910 - £3,950 |
| Mental Anguish | Fear of impending death or fear that life expectancy has been reduced. | £4,670 |
For more information on how much compensation you could potentially receive in a successful medical negligence claim should you sue for a prescription error, call us today.
How To Sue For A Prescription Error With A No Win No Fee Solicitor
If you want to be represented by a solicitor but are worried about the costs of funding legal representation, a No Win No Fee agreement might be an option for you to consider.
There a various types of No Win No Fee agreements, such as a Conditional Fee Agreement, and they could help you with funding for legal representation.
Additionally, there are also many benefits to this type of arrangement, such as if your solicitor doesn’t win, you don’t pay anything for your solicitor’s services. However, if your solicitor is successful with your claim, you’ll pay a legally capped success fee.
If you decide to sue for a prescription error and would like to be represented by a solicitor from our panel, speak with our advisors today.
Get Free Legal Advice And Make A Claim
We understand how difficult it must be to go through something that could have been avoided. If you would like to sue for a prescription error, our advisors are available 24/7 to provide free legal advice regarding your claim.
Contact us on the following:
- Call 0800 408 7827
- Live chat with an advisor via our pop-up.
- Contact Us online.
Learn More About Medication Error Claims
For more articles on compensation claims by us:
- How to sue your employer for a broken finger at work.
- How to sue for a slip or trip accident.
- How to sue a store for an injury.
- How to sue for being wrongly prescribed antidepressants.
If you would like more information:
- NHS – How to complain to the NHS.
- Parliamentary and Health Service Ombudsman – What we do.
- NHS – Key Statistics: England, June 2022.
Speak to our team for more guidance on how to sue for a prescription error.