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Errors with your medication can have severe life-changing consequences for patients, sometimes resulting in permanent disability, brain damage or exacerbation of a pre-existing medical condition. These errors can lead to increased hospital stays, ongoing treatments and both physical and psychological harm. Oftentimes, the effects of medication errors can lead to increased financial worries, especially if you’ve been left unable to work. At a time when recovery should be your priority, with our help, you won’t have to face these worries alone.
Medication error claims can help you seek compensation that can help you get back on your feet. Compensation can by no means erase the unnecessary harm you experienced, but it can be used to fund ongoing medical treatments and reimburse you for any lost earnings. Not only this, but seeking compensation with a solicitor from our panel at Legal Helpline can be invaluable. With years of experience, education and training, the specialist medical negligence solicitors on our panel will place you at the centre of all they do. From working closely with you to develop a personalised recovery plan to gathering evidence that supports your claim, they are here to help through every step of the process.
To discuss how to get started with your own medication error claim, you can contact our friendly advisory team today.
Jump To A Section
- Can I Claim After An Error With My Medication?
- What Are Medication Error Claims?
- How Might Medical Negligence Cause A Medication Error To Occur?
- What Injuries Could An Error With Medication Lead To?
- Compensation Payouts For Medication Error Claims
- What Should I Do After A Medication Error?
- Why Choose Legal Helpline To Make A Claim For Medication Errors
- Frequently Asked Questions
- More Information
Can I Claim After An Error With My Medication?
Yes, you could claim after an error with your medication if it can be shown that a medical professional’s negligent actions led to this error and caused you to suffer avoidable harm. In essence, three elements must be demonstrated for you to be eligible to claim:
- A medical professional, such as a nurse or pharmacist, owed you a duty of care
- They breached this duty
- You suffered harm that was unnecessary as a result of their breach
All healthcare providers owe their patients a duty of care to provide a level of care that reaches the minimum expected standard. Medical professionals can do this by adhering to professional standards such as those provided by the General Medical Council (GMC) or the Nursing and Midwifery Council.
Additionally, specialist prescribing guidance must also be followed. For example, the Medicines Act 1968 governs both the manufacture and supply of medicines and specific prescribing guidelines can be found in the professional standards stated by the GMC.
Can I Make A Medication Error Claim Against The NHS?
Yes, you can make a medication error claim against the NHS if you can show that you suffered unnecessary harm as a result of negligent treatment. Any medical professional, regardless of whether they work for the NHS or a private healthcare company, owes the same duty of care to their patients.
This type of medical negligence claim would be brought against NHS Resolution, which is a body responsible for resolving disputes and medical negligence claims made against NHS Trusts. Our panel of solicitors have extensive experience in handling claims made against the NHS, and can explain the process to you to ensure that your claim is straightforward and easy for you to understand.
Medication Error Claims On Behalf Of A Loved One
Medication error claims can be made on behalf of a loved one if they lack the mental capacity to manage their own claim or if they are a minor. This is called acting as their ‘litigation friend’, which we could help you apply for, or you could be appointed by the courts.
A litigation friend can only be utilised in situations where a claimant is unable to bring their own claim, such as minors and those lacking the mental capacity.
If you have any questions regarding medication error claims, you can contact our friendly team of advisors.
What Are Medication Error Claims?
Medication error claims can arise if you have suffered unnecessary harm due to negligent actions or inactions in the process of prescribing, dispensing, preparing or administering medication. However, many types of medication errors can occur at different stages of the medication process and across various healthcare settings.
For example, prescribing errors can occur when selecting medication or when ensuring it is appropriate for the patient. This can range from an administrative error in which a healthcare professional might administer the wrong medication or dosage to even providing a patient with someone else’s medication.
Additionally, dispensing errors can occur in pharmacies if incorrect labelling or patient information is accessed. Not only this, but medication errors can arise in care homes, where staff may be overrun and accidentally administer the wrong dose or medication that is out of date.
Essentially, a medication error can occur in any healthcare setting for a number of reasons. If it can be shown that the medication error occurred due to the negligent actions of a healthcare professional, then you could have the grounds to make a claim if this has also caused you to suffer unnecessary harm. Whether you experienced a medication error in a hospital, at a pharmacy or in a care home, we could help you seek compensation.
Get in touch with our advisory team today to learn more about how to get started with your own claim.
How Might Medical Negligence Cause A Medication Error To Occur?
Medical negligence could cause a medication error to occur due to administering the wrong dosage or the incorrect medication for your condition. Some more in-depth examples of when medication error claims could be made include:
- Your pharmacist provides the incorrect dosage of your medication. This results in you taking too much and too high a dosage of the medication, leading to an accidental overdose, which causes nausea, vomiting and abdominal pain.
- Due to an administrative error, your nurse administered medication intended for another patient while you were in hospital. Not only do you have an adverse reaction to this medication, but your original condition worsens due to not receiving the correct treatment.
- A doctor fails to check your known allergies before prescribing you medication. As a result, you unknowingly take this medication, leading to an adverse and allergic reaction, causing severe organ damage.
These examples are by no means an exhaustive list, and there are plenty of ways in which medication errors could occur.
If you’d like to discuss the particulars of your situation, please get in touch with our advisors today. They can offer support by answering any questions you might have.
What Injuries Could An Error With Medication Lead To?
Medication errors can lead to a range of different injuries, from short-term minor harm, such as nausea, to permanent disability or brain damage in severe circumstances.
Below, we discuss some injuries and illnesses that medication errors could lead to:
- Organ damage: medication errors can lead to organ system dysfunction and can disrupt the function of the liver and kidneys
- Brain damage: wrong medication or incorrect dosage can lead to neurotoxicity, and in severe cases, can cause permanent neurological damage.
- Cardiovascular harm: if you’re given the wrong medication, this can cause a drop or a spike in blood pressure, leading to potential cardiac arrest or stroke.
- Allergic reactions: if you are administered a medication to which you have an allergy, this could result in life-threatening anaphylaxis.
Not only can medication errors cause physical harm, but they can also cause significant emotional distress. For example, this might lead to the erosion of trust in healthcare providers, causing increased anxiety or depression resulting from the trauma of the medical error.
To discuss the harm you have suffered as a result of a medication error, please get in touch with our advisors today. They can provide you with a free case consultation to learn more about the available options, obligation-free.
Compensation Payouts For Medication Error Claims
Compensation payouts for medication error claims vary on a case-by-case basis, but can take into account your physical, psychological and financial suffering. This can be awarded under two heads of claim. These are called general and special damages, each with a different purpose.
General damages is compensation for the physical and psychological impact caused by the harm you suffered. This compensation can also consider any loss of amenity expereinced.
The second head of claim is concerned with the financial losses caused by the medical negligence. We discuss this in further detail in the next section of this guide.
Legal professionals responsible for calculating your general damages can refer to the Judicial College Guidelines (JCG). The JCG is a document that provides different guideline brackets of compensation for various types of injuries and illnesses categorised by severity.
Our table below provides some JCG figures that may be applicable to medication error claims. Please note that the top entry has not been taken from the JCG, and that these are guidelines only and not a guarantee of compensation.
| Type of Harm | Severity + Notes | Compensation Bracket |
|---|---|---|
| Multiple types of severe harm + special damages | Compensation considering various serious types of harm as well as special damages such as medical expenses, professional care costs or lost income | Up to £1,000,000+ |
| Brain Damage | Very severe - there might be some capability of following basic commands, and the need for ongoing nursing care | £344,150 to £493,000 |
| Moderately severe - substantial dependence on others and will necessitate constant care. Disabilities can be cognitive or physical | £267,340 to £344,150 | |
| Kidney | Severe a) - permanent and severe damage to or the loss of both kidneys | £206,730 to £256,780 |
| Moderately severe b) - total loss of kidney's natural function and future medical costs that are substantial | Up to £78,080 | |
| Less severe c) - complete loss of one kidney with the other remaining unaffected | £37,550 to £54,760 | |
| Bowels | Severe a) - double incontinence, with total loss of natural bowel function and urinary function, paired with other medical complications | Up to £224,790 |
| Moderately severe b) - dependence on colostomy (dependent on age) | Up to £183,190 | |
| Bladder | Seriously impaired control c) - pain and incontinence with an impaired level of urinary control | £78,080 to £97,540 |
| Digestive Damage - Non-Traumatic Injury | Severe (i) - severe toxicosis leading to pain, vomiting and diarrhoea | £46,900 to £64,070 |
Can Medication Error Claims Compensate For Other Losses?
Compensation in medication error claims can also compensate for the financial losses caused by the medical negligence under special damages. Special damages can form a large portion of your compensation as they can also compensate you for ongoing and future costs.
Some examples of special damages that can be awarded within medication error claims include:
- Lost income: the harm after being given the wrong medication can have life-altering effects. It can have left you unable to work, causing a loss of income. These lost earnings can be valued and quantified within special damages. Sometimes, including pension contributions or bonuses
- Care costs: if you now require professional or gratuitous care, any associated costs can also be calculated as part of special damages.
- Medical expenses: you may require corrective medicines, further medical treatments or surgeries to address or manage the harm caused by the wrong medication. These expenses can also be accounted for within special damages.
If you choose to work with a solicitor from our panel here at Legal Helpline, you would have support in gathering evidence that demonstrates your financial losses. Get in contact with us today to learn more about what losses can be compensated for.
What Should I Do After A Medication Error?
After a medication error, the first thing you should prioritise is seeking immediate medical assistance to ensure your health and safety. Following this, provided that you are able to, you should then begin to gather supporting documentation that can prove medical negligence. This evidence can typically include a copy of your medical records, the packaging that you received your medication in, and any medical tests that highlight the impact of the medication error. To learn more about the other types of evidence you could gather, you can read our dedicated guide regarding how to prove medical negligence.
In addition to holding evidence, you must ensure that your claim is started within the time limit. Generally, under the Limitation Act 1980, medical negligence claims are subject to a 3-year time limit running from:
- The date of the medical negligence
- The date of knowledge (when you realised that substandard treatment caused the medication error, and resulted in you suffering harm)
You can find more information about the exceptions to this time limit within our compensation claims time limit guide.
If you have any questions about the medication error claims process, you can contact our advisors.
Why Choose Legal Helpline To Make A Claim For Medication Errors
By choosing Legal Helpline to make your medication error claim, you would receive personalised support and advice from the outset and throughout. In addition to this, our panel of solicitors work on a No Win No Fee basis, through the use of a contract called a Conditional Fee Agreement (CFA).
When you make a claim with a solicitor who works under a CFA, you can begin your claim without paying any upfront fees for their services. Moreover, you’d have no service fees to pay during the course of your claim, nor if your claim were to fail.
If your claim is successful, a small legally capped percentage would be deducted from your compensation, as a success fee. This is limited in accordance with the Conditional Fee Agreements Order 2013, to ensure that claimants receive the bulk of their compensation.
As well as working on a No Win No Fee basis, if you choose Legal Helpline to handle your claim, you could expect:
- Guidance and help with collecting any evidence needed for your claim
- Communicating with any relevant parties, such as NHS Resolution or the liable medical institution
- Negotiating a settlement amount that accurately reflects the harm caused by the medication error
- Explaining complex legal terminology and the claims process so that you understand
Not just this, but our panel of solicitors place clients at the heart of all they do. They will work tirelessly to ensure you are given the best possible chance of seeking compensation for the harm you have suffered. Get in touch with us using the details below for a free case consultation.
Contact Our Advisors To Begin Your Claim
Get in touch with our advisory team for a free case consultation. They can advise on the validity of your claim, obligation-free, so you can discuss the options available without any need to continue your claim. You can reach our advisors by:
- Calling us on 0333 000 0729
- Contacting us online
- Using our live chat option
Frequently Asked Questions
Below, we answer some frequently asked questions about medication errors.
Can I Get Compensation For Wrong Medication?
Yes, you could get compensation for the wrong medication, provided you were given this due to the negligent actions or inactions of a medical professional, and this also caused you unnecessary harm.
How Do You Prove Medication Errors?
To prove a medication error, you must hold evidence that shows how negligence directly caused you harm. This can include medical records, the findings of independent medical assessments and any correspondence between you and the medical institute you received treatment from.
What Are The 5 Rights Of Medication Use?
The 5 rights of medication administration are a guiding principle used by medical professionals when administering medicine. Healthcare professionals must consider that the medicine is for:
- The right patient
- The right medication
- The right dose
- The right route
- The right time
Will I Need To Go To Court For A Medication Error Claim?
It is unlikely that you will need to attend court for medication error claims. It is in neither party’s interest to litigate a claim because it is a costly and time-consuming process. Regardless, our panel of solicitors have extensive experience in clinical negligence claims, so you do not need to worry even if your claim were to go to court.
More Information
Why not read our other guides on:
- How are NHS medical negligence payouts calculated?
- Make a gynaecological negligence claim
- How to claim for a blood clot compensation
External Resources
- How to report a concern to the Care Quality Commission
- The overview on Statutory Sick Pay
- The professional standards for pharmacists from the General Pharmaceutical Council
Thank you for reading our guide on medication error claims.
