Wrong Medication Negligence Claims Guide – I Have Been Given The Wrong Medication, What Are My Rights?

    Have you suffered an allergic reaction due to a pharmacy error? Has a hospital provided you with the wrong medication, causing your pre-existing condition to get worse? If that is the case, you may have been the victim of medical malpractice, and you could have grounds to make a claim.

    A medical error can create a series of health complications, and in severe scenarios, medical negligence could cause death. If the negligence of a medical professional has caused you or a loved one a degree of suffering, you could be entitled to compensation. Within this online guide, it shall provide useful and impartial advice regarding the claims process, discussing how a third party could neglectfully cause you harm, and outline how our panel of solicitors could assist you. If at any point when reading this online guide, you have additional questions, or when you are ready to discuss your claim, why not speak to an adviser from our team? Our phone lines are open 24 hours a day, seven days a week.

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    A Guide On Your Rights If You Are Given The Wrong Medication

    Given the wrong medication

    Given the wrong medication

    We need to rely on the expertise of medical professionals, as they can provide us with treatment and medication to aid our illnesses, infections, and diseases. Medical professionals have a legal duty of care to uphold, which in return ensures patients are provided with effective treatment that is of a minimum standard. If this ethical and legal duty is not reached, it could create a situation where a patient could be harmed. A duty of care is a moral and legal obligation to ensure both the safety and health of patients has been achieved. All medical professionals, such as doctors, dentists, and nurses, must uphold a duty of care. If a medical professional were to breach this crucial obligation, it could threaten a patient’s health and well-being.

    Within this guide, it aims to discuss medical malpractice in greater length. In doing so, this online guide aims to provide all the relevant information regarding the claims process by answering questions such as:

    • What is medical negligence?
    • How could a medical professional cause me harm?
    • Could I have grounds to make a medical negligence claim?
    • What is a No Win No Fee arrangement?
    • What is a personal injury/medical negligence claims time limit?
    • How could Legal Helpline assist me?

    Before we delve into the contents of this online guide, you should be aware of the medical negligence time limit and how it could affect your ability to claim. To claim compensation, those affected by negligence should begin their claim within three years of the discovery of the suffering that could have been avoided. A failure to start a claim within this time frame could limit your ability to make a claim. For more information, please speak to a member of our team today.

    What Is Wrong Medication Or Prescription Error?

    When visiting a medical professional, it is understandable to anticipate a high quality of care. After all, medical professionals have an obligation to the health and well-being of their patients, which is referred to as a duty of care. As defined by the General Medical Council (GMC), the responsibilities of medical professionals include:

    • Be knowledgeable
    • Be safe
    • Uphold high quality
    • Have strong communication
    • Maintain a level of trust

    Being prescribed the wrong medication could cause you harm and potentially be considered medical negligence. By definition, medical negligence is when a patient receives negligent treatment, wrong medication, or incorrect medical advice that causes them a degree of suffering that could have been avoided.

    What Are Your Rights If Given The Wrong Medication

    If you have been given or advised to use the wrong medication and it caused you additional (health) issues, you might be questioning if you have grounds to make a claim, and what your legal rights are? It is possible to make a medical negligence claim against a negligent pharmacist; however, they must have caused you a degree of pain or suffering. Pharmacists have a level of responsibility when it comes to prescribing medication, as they act as gatekeepers between the patient and the medication. Therefore, pharmacists are expected to have expertise and understanding when it comes to medicine.

    To claim against a negligent pharmacist, you must have:

    • Had an adverse reaction to the wrong medication
    • Have a pre-existing condition get worse
    • Had an allergic reaction to the wrong medication

    Examples Of Medication Errors

    There are various examples of medication errors that could cause injury. The General Medical Council state that those who prescribe and dispense medication must follow protocol, have a basic understanding of medicine, raise concerns (when they see fit), and conduct themselves with precision and carefulness. A failure to uphold this standard could create areas where medication errors could occur. Medication mistakes could happen in:

    • Diagnosis errors – If a patient were to be misdiagnosed, they could then be provided with medication for an illness they do not have.
    • Prescriptions errors – If a patient is prescribed with medication that is incorrect or not applicable for their health condition, it could cause harm.
    • Transcribing errors – If the instructions for a prescription have not been written clearly, it could create confusion and lead to misinterpretation. Doctors have a responsibility to provide clear handwriting that is precise and readable.
    • Administrative errors – If an administrate error were to occur, it could lead to the wrong dosage or the wrong medication being provided.

    Wrong Medication Causing Harmful Drug Interactions

    A harmful drug interaction can cause severe health ramifications, and in some cases, being prescribed the wrong medication could cause death. For example, those that take regular medication for health issues could suffer a drug interaction if given the wrong medication. Medical professionals, such as GP’s and pharmacists, must uphold their duty of care and ensure their patents’ aren’t taking contradictory medication. A failure to identify a drug interaction ahead of time could cause patient suffering that could have been avoided.

    Harm Caused By The Wrong Medication Dosage

    There are numerous types of errors that could occur in a medical setting, one being dosage errors. A failure to provide the right dosage of medication could lead to over or under prescribing complications. To claim wrongful dosage, you must be able to provide evidence that displays the negligent party at fault. You must also provide evidence that shows the wrong dosage affected your health and well-being. For more information, please speak to a member of our team.

    Harm Caused By Being Given Medication You Are Allergic To

    Not every person that is prescribed the wrong medicine will have a severe reaction. However, medication errors could be extremely severe to those that live with pre-existing health conditions and allergies. From nausea, losing consciousness, anaphylactic shock, to death, being prescribed medication you are allergic to can cause serious health implications. The GP should be highly aware of your allergies and only prescribe you mediation that poses no threat to your health. If you are neglectfully prescribed medication you are allergic to, it could cause you to suffer anaphylaxis.

    The NHS state that the symptoms of anaphylaxis might include:

    • Wheezing
    • Fast heartbeat
    • Clammy skin
    • Anxiety
    • Confusion
    • Losing consciousness
    • Lightheaded
    • Breathing difficulties

    What Is A Pharmacist’s Role And Duty Of Care?

    As a medical professional, pharmacists have a duty of care to their patients which they must uphold at all times. Pharmacists must be fully qualified to dispense medicine. They are also responsible for ensuring the medication that is supplied is of an adequate standard. These obligations are outlined within the Standards for Pharmacy Professionals by the General Pharmaceutical Council, which states that Pharmacy professionals must:

    • Provide person-centred care
    • Effectively work in partnerships with others
    • Have a strong sense of communication
    • Maintain and develop their skillset and professional knowledge
    • Use their professional judgement where applicable
    • Uphold a professional manner
    • Respect confidentiality
    • Speak with when issues or concerns arise
    • Demonstrate strong leadership skills

    How Could I Be Affected By Being Given The Wrong Medication?

    If you are supplied the wrong medication, it could potentially cause a variety of symptoms and health implications. In most cases, if you are exposed to the wrong prescription, you may only endure minor signs that will pass over time. However, in severe cases, being prescribed the wrong medication could have serious health implications.

    Wrong Medication Negligence Compensation Calculator

    In the following section, it shall discuss the damages that could be awarded to those that have been affected by medical malpractice. When pursuing a claim for compensation, there are two categories which could be taken into consideration. These categories are known as General Damages and Special Damages, and they take into account different repercussions of an accident, such as financial loss, physical injury, and psychological suffering. In this section, it shall focus on General damages.

    General damages are awarded for physical injury and psychological suffering. If you have suffered due to a pharmacy error, you may consider a claim for compensation. Below, we have created a medical negligence claims calculator that provides those seeking compensation estimated figures. The figures within the table are based on the Judicial College Guidelines, which applies to claims. If you pursue a claim against a negligent party, it is worth remembering the compensation you could be entitled to may differ from the amounts that are listed within the calculator. Medical negligence claims are specific to the individual situation and the damages that have been inflicted, so the compensation you could be awarded may vary.

    InjuryAwarded AmountInjury Description
    Bowel Damage£11,820 to £22,970Damage of this nature is often expected to cause some permanent damage, but natural function and control return.
    Bowel DamageUp to £140,870Damage of this calibre would result in the total loss of natural function and would require a colostomy.
    Bowel DamageUp to £172,860
    Damage of this nature would involve the total loss of natural bowel movements, loss of natural urinary function, would have medical complications.
    Asthma Up to £4,830In cases such as this, the affected individual will display minor asthma, bronchitis, cold, or chest problems. In many cases, cases of this nature could be resolved by a general practitioner through treatment.
    Asthma £18,020 to £24,680 Asthma of this nature is expected to cause bronchitis and wheezing. It will most likely affect work and social life with the likelihood of substantial recovery within a few years.
    Asthma £24,680 to £40,370Asthma of this nature is expected to be chronic, causing breathing difficulties and will require the use of an inhaler. In some cases, this will restrict the chance of employment and will have an uncertain prognosis.
    Asthma £40,410 to £61,710Cases of this nature are expected to be permanent, disabling, and severe. A case of this nature will cause regular coughing, disturbance of sleep, the impairment of physical activity, and employment will be limited.
    Mental Anguish £4,380This refers to the fear of impending death or the reduction of life expectancy after an accident.
    Kidney Damage£28,880 to £42,110Compensation of this nature could be awarded to those that lose one of their kidneys, experience no damage to the other.
    Kidney Damage£158,970 to £197,480Compensation of this nature is often awarded to those that endure serious/permanent damage to their kidneys, or, to those who lose both of their kidneys.

    Other Types Of Compensation You Could Claim

    In the previous section, we explored general damages in length. Within the following section, we shall discuss special damages.

    Special damages could be awarded to those that experience financial loss due to their suffering. Unfortunately, there are numerous ways medical negligence could cause financial loss, so we have provided a list of examples.

    • Medical treatment – If you require medical treatment that isn’t covered by the NHS, you might have to personally fund your treatment. If that is the case, then the cost of medical treatment could be taken into consideration. This also applies to any medical expenses, such as prescription costs.
    • Loss of earnings – If an accident limits your ability to make a living, then the loss of earnings and potential earnings could be factored into your claim.
    • The cost of care.

    If you have suffered a financial loss that isn’t listed above, please do not worry. Simply contact a member of our team to discuss your potential claim in greater length.

    No Win No Fee Wrong Medication Compensation Claims

    The legal costs of a medical negligence claim can often be daunting for many, which is why our panel of solicitors could offer to handle a claim under a No Win No Fee agreement. An arrangement of this nature reduces the threat to your finances. If a solicitor operates on a No Win No Fee basis and is unsuccessful, you will not be held accountable for their legal fees.

    However, if a solicitor takes on a claim that has a successful outcome, you will be required to pay a success fee. This will be taken from your final settlement amount and will cover your legal expenses. By law, the maximum percentage is 25%. However, you will have an opportunity to discuss the percentage amount with a solicitor before you begin your medical negligence claim. If you have any questions about the claims process or No Win No Fee agreements, why not call one of our advisers. They will be able to answer any questions you have in great length and provide you with advice.

    Contact Legal Helpline

    To begin your No Win No Fee medical negligence claim, why not contact a member of our team? Our knowledgeable team of advisers are available 24 hours a day, 7 day days a week, and they can offer free legal advice of no obligation.

    To speak with an adviser, please call 0161 696 9685.

    To enquire online, please click here.

    Further Resources

    We hope that this online guide has successfully outlined how our panel of solicitors could assist those affected by medical negligence. If you have any questions, please contact a member of our team. In addition to this guide, we have provided some additional material that could be useful.

    Resources

    Hospital Negligence Death Claim
    Could I make a claim if a loved one has died due to the negligence of a hospital?

    Paralysis Injury Claim
    Could I have grounds to make a claim for a Paralysis injury?

    Citizen’s Advice
    Could I make a clinical negligence claim?

    Guide by MN

    Editor ML.