Taking the wrong prescription can lead to various consequences. Your initial condition could not be treated, and you may experience nausea and other symptoms. Within this guide, we explain the eligibility requirements for prescription error claims.
Additionally, we share how medical negligence could happen and lead to you making a claim following a prescription error. Following this, we share how your compensation may be calculated and what exactly you could receive compensation for.
The guide closes by explaining how a solicitor from our panel could take up your claim on a No Win No Fee basis. Read on to discover more, or:
- See if you can start a claim now by calling 0800 408 7827
- Reach out via live chat to talk about prescribed medication errors.
- Contact us online.
Jump To A Part Of Our Prescription Error Claims Guide
- Am I Eligible To Make A Claim?
- Causes Of Prescription Errors
- Who Is Liable For A Prescription Error?
- How Much Compensation You Can Get For Wrong Medication
- What’s the Best Way To Start A Prescription Error Claim?
- How Our Team Of Solicitors Can Help You Claim
- More Information
Am I Eligible To Make A Claim?
All medical professionals, from doctors to pharmacists, owe you a duty of care when treating you as a patient. They need to ensure that the care they provide you meets the minimum expected standard.
If they fail to do so, this could lead to you suffering harm that is unnecessary and could have otherwise been avoided.
For example, a doctor should assess any medication you are currently taking before prescribing you new medication to avoid any adverse reactions. Failing to do this could be seen as a breach in their duty of care.
Therefore, in order to have a valid medical negligence claim, you will need to prove:
- A duty of care was owed to you by a medical professional.
- They breached this.
- You suffered harm that was unnecessary because of this.
Do Prescription Errors Count As Medical Negligence?
If a prescription error occurred by a medical professional failed to meet their duty of care and caused you to suffer unnecessary harm, then this is classed as a form of medical negligence.
Contact our advisors today to ask any questions you may have about prescription error claims.
Causes Of Prescription Errors
There are a variety of ways that prescription errors could occur. Some examples include:
- A doctor fails to refer to your medical records before prescribing you new medication. If they had done, they would have seen that you are allergic to an ingredient in this medication. Taking this medication causes you to suffer an allergic reaction.
- Your GP prescribes you too much of your medication. In certain cases, this could be fatal.
- Due to administrative errors, a pharmacy gives you someone else’s prescription. Taking the wrong medication for your condition can lead to various consequences.
- A pharmacist dispenses too little of your prescription. Taking too little of your medication can lead to your original condition not being treated.
These are only a few examples of incidents that could lead to prescription error claims. To discuss your particular case, you can contact our advisors.
Who Is Liable For A Prescription Error?
There are various medical professionals who could be deemed liable for a prescription error. These include:
- GPs
- Doctors
- Pharmacists
- Nurses
However, you must remember, in order to have a valid medical negligence claim, they must have breached their duty of care, resulting in the prescription error, and this caused you to suffer unnecessary harm.
If you have any questions regarding prescription error claims, you can contact our advisors.
How Much Compensation You Can Get For Wrong Medication?
Prescription error claims that are successful can result in two heads of loss being awarded.
The first head of loss is known as general damages and is awarded in all successful prescription error claims. It compensates you for the unnecessary harm the prescription error caused you due to a healthcare professional failing to adhere to their duty of care.
To calculate an amount for general damages, those involved may refer to any medical evidence presented as well as the Judicial College Guidelines (JCG). Listed within this publication are compensation guidelines for different types of psychological and physical harm.
Using some of the JCG’s figures, we have created the following table. Please note that the top entry has not been taken from the JCG.
Compensation Guidelines
| TYPE OF HARM | SEVERITY | JC GUIDELINES |
|---|---|---|
| More than one serious form of harm and Special Damages | Severe | Up to £1 million plus |
| Kidney | (a) Serious and permanent damage or loss of both kidneys | £206,730 up to £256,780 |
| (b) Loss of one kidney | £37,550 to £54,760 | |
| Epilepsy | (a) Established Grand Mal | £124,470 up to £183,190 |
| (b) Established Petit Mal | £66,920 up to £160,360 | |
| Bladder | (b) Complete loss | Up to £171,680 |
| Bowels | (d) Severe | £54,420 up to £85,100 |
| Digestive System | (b)(i) Severe toxicosis | £46,900 up to £64,070 |
| Spleen | (a) Loss of spleen | £25,380 up to £32,090 |
What Other Compensation Could Be Awarded?
The other head of loss that may be awarded is known as special damages, which compensates you for the financial losses the medical negligence has caused you to experience. Some examples could include:
- A loss of earnings.
- Medical expenses, such as paying for new prescriptions.
- Travel expenses to and from medical appointments.
All of these expenses will need to be proven with evidence, such as:
- Payslips.
- Invoices.
- Receipts.
To learn more about how compensation is calculated in prescription error claims, you can contact our advisors.
How To Start A Prescription Error Claim
If you would like to begin the prescription error claims process, you can first contact our advisors for a free eligibility assessment of your case.
Important steps you should be aware of when making a medical negligence compensation claim are set out below.
The Evidence You Can Use
Your claim will need to be supported with evidence. Examples of evidence you could gather for your case includes:
- Copies of your prescription forms.
- Copies of your medical records stating any conditions you were diagnosed with post and prior to the prescription error.
- The containers the prescriptions came in.
- Any correspondence between you and the medical setting where the error took place.
- Photographs of any visible harm you have suffered, such as skin rashes.
- The contact details of anyone who witnessed the care you received, such as a family member who attended your medical appointment.
How Long Do I Have To Start A Claim?
There is a three-year time limit to start a medical negligence claim as detailed in the Limitation Act 1980. This begins from the date the medical negligence took place or the date of knowledge. This is when you first reasonably became aware that medical negligence had taken place.
Time limits alter slightly for certain groups:
- A minor cannot launch a prescription error claim themself until they turn 18. From this point, they have 3 years to start a claim.
- People lacking the mental capacity to start a claim themselves are not subject to a time limit. If their mental capacity returns, they have three years to start a claim beginning from the date they recovered.
The courts could appoint a litigation friend to claim on behalf of these parties while the time limit is paused.
How Much It Can Cost To Claim
Technically, it costs you nothing to start a medical negligence claim. However, throughout the claiming process, certain fees may arise. For example ,you may need to pay to attend an independent medical assessment and certain solicitors charge for their services.
However, the solicitors on our panel can provide their expert services on a No Win No Fee basis through a Conditional Fee Agreement (CFA). There are numerous advantages to starting a claim this way. You can expect:
- No upfront solicitors fees to pay.
- No solicitors fee to pay as the claim moves forward.
- No fees to pay for completed work if the claim fails.
Should the claim succeed, a small percentage will be taken from your compensation as the solicitor’s success fee. The law limits this percentage.
How Long It Can Take For A Compensation Payout
There is no set timeframe for how long it takes for prescription error claims to conclude. This is because every case is unique in its circumstances. Some factors that could affect the length of your claim include.
- What type of harm you suffered.
- Your expected recovery period.
- What treatments you have needed.
- Whether expert reports need to be obtained.
- Whether the defendant disputes their liability.
- If the claim needs to go to court or not.
An expert solicitor from our panel can navigate these variables and ensure that the most prompt and satisfactory claim outcome is aimed for. If you wish to learn more about how they do this, please connect with our expert advisors first.
How Our Team Of Solicitors Can Help You Claim
Our panel of expert No Win No Fee solicitors have years of experience working across various prescription error claims. Some of the things they could help you with include:
- Explaining any legal jargon used.
- Regular updates on the progression of your claim.
- Negotiating your compensation.
- Communicating with the defending party.
- Helping you gather evidence.
To learn more about how one of the solicitors on our panel could help you, you can contact our advisors by:
- Calling 0800 408 7827
- Using our live chat.
- Contacting us online.
More Information
As well as information about prescription error claims, you might find these guides useful:
- Here we look at claims if you were wrongly prescribed quinine.
- This guide deals with claims when antidepressants were wrongly prescribed by medical professionals.
- Learn about cancer misdiagnosis claims in this guide.
External help:
- Read about how the NHS has learned from medication errors.
- The General Pharmecutical Council provides guidance for pharmacy professionals.
- The General Medical Council provides guidance on the professional duty of candour for medical professionals.
Thank you for reading this guide on prescription error claims.