In this guide, we look at when you could be eligible to make a medical negligence claim if you ended up in hospital due to the wrong medication being given to you. Also, we discuss the potential compensation payout that could be awarded following a successful case and what it could comprise.
We will look at eligibility criteria that must be met for medical negligence claims to be valid. This guide also reviews how long you have to start a claim and the evidence you could gather to support your case.
Additionally, we discuss the duty of care medical professionals owe their patients and provide examples of how a medication error could occur if this duty is not upheld.
Finally, you can read about how a No Win No Fee solicitor from our panel could support a valid medical negligence claim.
You can speak to our advisors today to discuss your potential case and ask any questions you might have regarding seeking medical negligence compensation. To find out more, you can:
Select A Section
- I Was In Hospital Due To The Wrong Medication, What Could I Claim?
- Criteria For Wrong Medication Negligence Claims
- Time Limits To Claim For Being In Hospital Due To The Wrong Medication
- What Proof Is Required For A Medical Negligence Claim?
- How No Win No Fee Medication Negligence Claims Work
- Further Guidance On Claiming For Medication Errors
If you are able to claim for medical negligence and your case succeeds, you could be awarded a settlement that features general damages and special damages. These two heads of loss award compensation to address the different ways you have been impacted.
General damages compensate for the physical pain and mental suffering brought about by medical negligence. In order to calculate this portion of your payout, solicitors can refer to the guideline award brackets listed in the Judicial College Guidelines.
You can find a selection of figures from this document in the table below. Please only use it as a guide, however, because medical negligence claims are calculated on a case-by-case basis.
|Moderately Severe Brain Damage (b)||£219,070 to £282,010||A very serious disability that is either cognitive or physical.|
|Moderate Brain Damage (c) (i)||£150,110 to £219,070||Intellectual deficit of a moderate to severe nature, with an effect on the senses and employment prospects.|
|Bowels (a)||Up to £184,200||Double incontinence with other medical complications.|
|Bowels (b)||Up to £150,110||There may be a need for colostomy, depending on the affected person's age.|
|Bladder (b)||Up to £140,660||There is complete control and function loss.|
|Digestive System (b) Non-Traumatic Injury (i)||£38,430 to £52,500||Hospital admission is needed for at least a few days because of severe toxicosis.|
|Spleen (a)||£20,800 to £26,290||The spleen is lost and there is an ongoing risk of internal infection and other disorders due to a damaged immune system.|
How Special Damages Could Also Compensate You
Special damages compensate for the financial losses incurred by medical negligence. Under this head of loss, you could seek reimbursement of:
- A loss of earnings if you are unable to work;
- Prescription fees, and other medical costs;
- Home adaptation costs;
- Travel charges, such as getting taxis or public transport to and from hospital appointments.
It is important to collect documents like receipts, payslips or invoices to present as proof of any monetary expenses.
For more information about medical negligence compensation payouts, please contact an advisor on the number above.
In order to make a medical negligence claim after you ended up in hospital due to the wrong medication being given, you need to demonstrate the following:
- A medical professional owed a duty of care;
- They breached their duty of care;
- This breach led to avoidable or unnecessary harm.
The duty of care medical professional’s owe their patients is to provide the correct standard of care. Examples of how providing care that falls below the correct standard could lead to a medication error that causes you avoidable harm can include:
- A patient is given the wrong medication by a pharmacy due to an error when preparing a prescription. As a result, the patient receives medication that is meant for someone else. This causes them to take medicine that reacts badly with other medicine they are on.
- A doctor fails to check your medical history leading to them prescribing their patient medication that they’re allergic to. As a result, they experience a severe reaction, leading to anaphylactic shock and subsequent brain damage.
- When writing up a patient’s prescription, a GP gives the wrong dosage. The patient overdoses on the medication, suffering serious organ damage.
Please get in touch with our team to discuss your situation and see whether you can claim compensation.
A medical negligence claim must be started within three years. This can start from the date of the medical negligence, or the date you became aware that medical negligence occurred. The Limitation Act 1980 sets out the time limit. However, some exceptions can apply:
One such exception is when an under-18 is affected by medical negligence. Their time limit is paused until they are 18 and then restarts from their 18th birthday to their 21st. While the pause is in effect, an appointed litigation friend can begin a claim on their behalf.
The time limit is paused indefinitely for a person without the mental capacity to claim. A litigation friend can be appointed by the courts to start a claim on their behalf during this time or, if they don’t and the person recovers their capacity, the three-year limit begins from the recovery date.
For further guidance on when you could be eligible to make a medical negligence claim after you were in hospital due to the wrong medication being given to you, please call our team. They can also discuss how long you have to start legal proceedings.
You should collect as much evidence as possible to back up your medical negligence claim. Among the forms of proof you could submit are:
- Witness contact details.
- Your prescription form.
- Your medicine or its packaging.
- Medical records from the treatment you received because of receiving the wrong medication.
- A diary illustrating your complications and treatment.
Additionally, the Bolam Test may be applicable. This involves a group of relevantly trained medical professionals assessing whether the correct level of care was given. If the findings from this assessment support your case, you could use them as evidence.
Our advisors can explain all of the above in more detail, as well as discuss how a solicitor from our panel can help gather evidence during a claim.
If you have been in hospital due to the wrong medication being given by a medical professional who breached their duty of care, and this caused you avoidable harm, you may be looking to start a medical negligence claim. As long as your claim is valid, a solicitor from our panel could help you by ensuring the claim begins on time and keeping you updated throughout the claims process.
Services such as these could be offered under the terms of a Conditional Fee Agreement. This is a No Win No Fee contract where you would not pay for your solicitor’s services:
- During your case;
- If the case loses.
If your case wins, your solicitor will collect a success fee. This is taken as a percentage of the compensation you are awarded and has a legal cap applied to it by The Conditional Fee Agreements Order 2013.
Talk To Our Team
Our dedicated advisors are on hand to answer your questions about making a medical negligence compensation claim. You can get in touch any time and can arrange a call for a time that suits you. As well as consulting with a team member, you can receive a free assessment of your potential claim.
If you have grounds to start a claim, your case could be forwarded to a solicitor from our panel and you could be offered their services under a CFA.
You are not obliged to start a claim with a solicitor by talking to us. However, you can learn about the benefits of doing so. Learn more now by:
Here are some further medical negligence guides from us that you may find helpful:
- A wider look at examples of medical negligence and when you could be eligible to claim compensation.
- A misdiagnosis claims guide.
- An insight into the average payout for a cancer misdiagnosis.
Also, these resources can be helpful:
- GOV.UK – The NHS Constitution For England
- NHS Resolution – Annual statistics.
- General Medical Council – Ethical standards for doctors.
Thank you for reading our guide on what to do if you have been in hospital due to the wrong medication being given to you. If you have any other questions, please contact an advisor on the number above.
Written by EM
Edited by MMI