When Can You Claim For Being Wrongly Prescribed Antidepressants?

You may be wondering if you’re eligible to make a claim after you have been wrongly prescribed antidepressants. This guide will explain what circumstances could form the basis of a valid medical negligence claim.

wrongly prescribed antidepressants

Claiming after being wrongly prescribed antidepressants- A guide

In addition to this, we will look at how being prescribed antidepressants that aren’t required could impact your health. This guide will also contain a section on compensation amounts, looking at how settlements are valued and what kinds of damages an award could consist of. To conclude, we explain No Win No Fee agreements and look at the advantages they can offer claimants.

Continue reading to learn about whether you could sue after receiving the wrong medication. Or if you’re looking to speak to someone directly, why not call our advisors? You can connect with our team at any time that suits you for free advice through the following methods:

Choose A Section

  1. When Can You Claim For Being Wrongly Prescribed Antidepressants?
  2. Examples Of How You Could Wrongly Be Prescribed Antidepressants
  3. Evidence That Could Be Used In A Wrong Prescription Claim
  4. What Compensation Could You Receive When Claiming For Prescribing Errors?
  5. Our Panel Of No Win No Fee Solicitors Could Work Your Medical Negligence Claim
  6. Learn More About Claiming For Being Wrongly Prescribed Antidepressants

When Can You Claim For Being Wrongly Prescribed Antidepressants?

In order to claim for wrongly prescribed antidepressants, you must have evidence that medical negligence caused your suffering. Medical negligence is when:

  • A medical professional owes you a duty of care
  • This duty is breached; and
  • As a direct result of this breach, you’re caused unnecessary and avoidable harm

Not all forms of harm within the medical setting will entitle you to claim; this is because in medical care, it’s sometimes necessary to cause harm in order to treat someone, or you experience harm that cannot be avoided.

For example, if you need to take a certain drug that has side effects, then these could be harmful. For example, they could result in dizziness, sickness and lethargy. However, if you need this medication to treat your condition then this is not an example of medical negligence and you would not be able to sue your doctor.

Reach out to our advisors for support with making a prescription error claim. If your case is valid, they may be able to connect you with a solicitor from our panel to work on your case.

Examples Of How You Could Wrongly Be Prescribed Antidepressants

Antidepressants could be wrongly prescribed in many different ways. However, you must have evidence of medical negligence causing your suffering in order to seek compensation.

Below are some examples of how antidepressants could be wrongly prescribed:

  • Your doctor fails to read your file and prescribes you antidepressants that you are allergic to, meaning you suffer from an allergic reaction.
  • Your prescription is mixed up with that of another patient because of a lapse in concentration by the pharmacist.
  • Your GP mistakenly prescribes you a dose of an antidepressant that is much higher than the dose you should be taking.

Taking antidepressants when they’re not required could mean you experience a number of unnecessary side effects. For example, it could result in sickness, dental issues and in some cases can result in suicidal thoughts.

If you have any questions about whether the circumstances of your wrong prescription fit the definition of medical negligence, speak with a member of our team today. If you do have a valid claim, you could be passed to a lawyer from our panel.

Is There A Time Limit If You’re Claiming For Wrongly Prescribed Medication?

The Limitation Act 1980 sets out the time limit for beginning a medical negligence claim, which is generally three years. This limitation period can run from the date the incident occurred or from when you would have been expected to connect medical negligence with the harm you experienced.

However, some exceptions can apply to this limitation period:

  • If the claimant does not have the mental capacity to claim, the time limit is frozen unless they recover.
  • If the claimant is under 18 years of age, the time limit only begins on the date they come of age.

In both of these circumstances, a litigation friend can seek compensation on the claimant’s behalf at any time while the time limit is suspended. The litigation friend is someone of age who can act in the best interests of the claimant. Contact our advisors for more information on time limits and the exceptions that apply.

Evidence That Could Be Used In A Wrong Prescription Claim

If you are looking to make a medical negligence claim, you may want to consider collecting evidence. This could strengthen your claim for compensation.

Evidence could consist of:

  • A diary that details your symptoms
  • Contact details of witnesses that can support your claim
  • Copies of medical records that show the mistreatment you endured

The more evidence you provide, the higher your chances of receiving the settlement you deserve. See below for a further discussion on the compensation you can receive at the end of your claim.

What Compensation Could You Receive When Claiming For Prescribing Errors?

When seeking compensation for wrongly prescribed antidepressants, you can claim general damages. This head of a claim covers the physical and psychological pain and suffering you experienced.

You can see examples of general damages and how much each injury may be worth in the Judicial College Guidelines (JCG). Solicitors can use this publication to calculate compensation for medical negligence claims.

Below, you can see examples from the JCG. However, these figures should only be used as a guideline and not as a guarantee.

Compensation Guidelines

InjurySeverityCompensation Bracket
Severe Psychiatric Damage (a)The prognosis is poor with the award depending on the extent of successful treatment, the effect on daily life and how vulnerability progresses into the future.£54,830 to £115,730
Moderately Severe Psychiatric Damage (b)Though the prognosis is better than in the more serious bracket above, there are significant problems regarding the injured person’s ability to cope with work, education and life overall.£19,070 to £54,830
Moderate Psychiatric Damage (c)There is marked improvement with a good prognosis despite issues regarding the ability to cope with various areas of life.£5,860 to £19,070
Less Severe Psychiatric Damage (d)Consideration will be made regarding the length of time you were disabled by your injuries and sleep was impacted. £1,540 to £5,860
Severe Digestive System Injury (b) (i)Serious acute pain, diarrhoea and vomiting caused by severe toxicosis.£38,430 to £52,500
Serious Digestive System Injury (b) (ii)The worst symptoms diminish within two to four weeks, with some remaining bowel disturbance and discomfort.£9,540 to £19,200
Digestive System Injury (b) (iii)Injuries may lead to hospital admission with the strength of stomach cramps, bowel function alteration and fatigue.£3,950 to £9,540
Digestive System Injury (b) (iv)Disabling pain, cramps and diarrhoea are present for a matter of days or weeks.£910 to £3,950

Special Damages in a Medical Negligence Claim

Special damages is the second head of claim for medical negligence cases. This can compensate you for financial losses caused by a medical professional’s negligence. For example:

  • Loss of current and future earnings.
  • Travel expenses, for example, journeys to and from hospital appointments.
  • Care costs

Financial evidence, such as payslips and receipts, is vital in order to claim special damages. If you would like an assessment of how much your claim for being wrongly prescribed antidepressants could be worth, speak with a member of our team today.

Our Panel Of No Win No Fee Solicitors Could Work Your Medical Negligence Claim

You could benefit from making a medical negligence claim with a No Win No Fee solicitor. If your solicitor offers you a Conditional Fee Agreement, then this means that you don’t have to make an upfront payment to them in order for them to start work on your claim. There’s also no requirement to pay your solicitor for the work they’ve carried out if your claim isn’t a success.

However, if you’re awarded compensation, a success fee will be taken from your award. A legal cap is in place to ensure you aren’t overcharged.

For more information, contact our advisors today. You can also connect with our team for free advice regarding the legal process.

Learn More About Claiming For Being Wrongly Prescribed Antidepressants

More of our guides are available here to give you a greater understanding of claiming:

You can also find further reading material through the following links that you might find useful:

For further support after suffering from wrongly prescribed antidepressants, call our team today.

Article by All

Edited by Sto