Am I Eligible To Make A Prescription Error Compensation Claim?

By Stephen Kane. Last Updated 28th June 2023. You may want to claim prescription error compensation if you’ve suffered due to a prescribing mistake. This article looks at how you could be eligible to claim compensation, how long you have to begin a claim and the prescription error claims process.

Prescribing errors could be medical negligence, resulting in serious negative consequences for the patient. You could potentially suffer a new illness or injury, or a condition you already have could deteriorate. It is important to note that you can only claim for the harm caused by the medical negligence, not any pre-existing conditions, in a clinical negligence claim.

Prescription error compensation

Prescription error compensation

Medical professionals in all settings are obligated to provide a minimum standard of care. If a patient does not receive this standard of care from a healthcare professional, they may suffer an avoidable illness. However, if complications have arisen despite a medical professional adhering to professional standards, you would not be able to claim compensation.

For more information about prescription error compensation or any further queries and to receive free legal advice with no obligation to take your case any further call our expert advisors. Our claims team can appoint a specialist solicitor to work on your case today. 

Select A Section

  1. Are You Eligible To Make A Prescription Error Compensation Claim?
  2. Are You Within The Three Year Time Limit?
  3. What Evidence Could Help My Claim?
  4. How The Prescription Error Compensation Claim Process Works
  5. How Much Are Prescription Error Claims Worth?
  6. Claiming For A Prescription Error With A No Win No Fee Solicitor

Are You Eligible To Make A Prescription Error Compensation Claim?

The NHS defines a medication error as something that has gone wrong when prescribing, in the dispensing of medication, in the administration or monitoring of a patient’s medication. 

You will have needed to suffer ill health that could have been avoided due to a prescribing error to make a valid prescription error compensation claim. It is important to note that you can claim compensation for psychological damage even if there is no related physical illness or injury. 

To find out if you could be eligible to pursue a claim, you could contact our claims team today. They can appoint a specialist solicitor to work on your case if they think your claim has a chance of success.

How Do Prescription Errors Happen?

Prescription errors could occur at any stage of the prescribing process and be caused by any healthcare professionals involved. Some causes could possibly include a lack of appropriate knowledge, a failure to follow rules, action errors or lapses in memory. 

it’s possible you could be prescribed the wrong dosage if a medical professional does not understand or know enough about the measurement systems. If you are prescribed more than you should be taking, you could potentially overdose, leading to serious consequences. 

However, this section does not contain every bit of information you may need. There are many more ways in which a prescription error could harm you. To find out more, call us today. 

Are You Within The Three Year Time Limit?

There are time limitations to begin a claim. This is relevant for all types of claims. 

If you are claiming for medical negligence, you generally must begin your claim within 3 years from the date of the incident or the date of knowledge. This is in the Limitation Act 1980. The date of the incident is when the medical negligence occurred. The date of knowledge will begin from the date you connect the suffering with negligent practices. 

Is The Time Limit Always Three Years?

Not always. If the claimant is a child or an adult with diminished mental capacity, they may be unable to begin their claim within the usual time limit. So a litigation friend could be appointed to act on their behalf.

In order to be a litigation friend, you must have the person’s best interests at heart. There can be no conflicts of interest

A litigation friend can pursue a claim on behalf of a child at any time until the claimant turns 18. Once they turn 18, they then have the usual 3 years to begin a claim.

If a claimant has diminished mental capacity, a litigation friend can pursue a claim at any time unless the claimant makes a recovery. If the claimant recovers, they also have the usual 3 years. 

What Evidence Could Help My Claim?

You must prove that medical negligence caused your injury or illness to make a valid prescription error compensation claim. You can gather evidence without the help of a solicitor, but we recommend hiring one. They can guide you through the process and help give your case the best chance of success. Evidence could include:

  • Photographs, if relevant
  • Correspondence between you and any relevant parties
  • Receipts 
  • Medical records
  • Witness details

Call our claims team to find out more about what evidence could help your claim. 

How The Prescription Error Compensation Claim Process Works

If a prescription error has harmed you, we recommend seeking medical attention. You could speak to your GP or even visit your nearest A&E if the harm is more severe. If you have an allergic reaction due to a prescribing error and suffer anaphylaxis, call 999. 

You could then consider seeking legal representation for your claim. The solicitors on our panel have years of experience with medical negligence claims and may also offer their services on a No Win No Fee basis. 

Most claims do not end up in court, as the faulting party will offer a settlement before a claim can reach that stage. Your solicitor can help you negotiate this settlement to try and get you as much compensation as possible. 

Contact us to find out more about the prescription error compensation claims process. 

How Much Are Prescription Error Claims Worth?

Claims can include general and special damages. General damages compensate you for the physical or mental consequences of your injury. Special damages reimburse you for any financial costs you have suffered due to the negligence. 

The table in this section shows bracketed compensation amounts you could receive in general damages. These figures are found in the Judicial College Guidelines

For a more accurate assessment of what you could receive, you must attend a medical appointment. A medical professional will evaluate the severity of your injuries, which will be key in valuing your claim. 

Injury Severity Amount Notes
Lung Disease (C) £51,420 to £65,710 There will be a worsening of lung function with related breathing impairment, sleep disturbance, frequent and prolonged coughing and a restriction on employment and physical activity.
Bowels (B) Up to £140,870 Total loss of natual function. There may dependency on colostomy, depending on age.
PTSD Moderate £7,680 to £21,730 Claimant will have mostly recovered. Any continuing consequences will not be entirely disabling.
Deafness (A) £102,890 to £132,040 Total deafness and loss of speech.
Digestive System (b) (i) £36,060 to £49,270 Acute pain, fever, vomiting and diarrhoea caused by severe toxicosis. The claimant will need to go to hospital some time and there may be continuing symptoms that affect employment and enjoyment of life.
Bladder (C) £60,050 to £75,010 Some incontinence and pain with impairment of control.
Impairment of Taste & Smell (A) Around £36,770 Total loss of smell and taste.
Psychiatric Less Severe £1,440 to £5,500 Compensation depends on the extent to which sleep and activities were affected and the period of the disability.
Asthma (D) £9,990 to £18,020 Relatively mild asthma-like symptoms.
Sight (E) £46,240 to £51,460 Complete loss of sight in one eye.

Examples of what you could claim in special damages:

  • Lost income
  • Travel expenses
  • Medical treatments not covered by the NHS

You can also claim for potential related future losses. As an example, you could continue to lose out on earnings if you need to take time off work to recover.

Claiming For A Prescription Error With A No Win No Fee Solicitor

If you are eligible to make a prescription error claim, then you could seek support from a medical negligence solicitor. If you speak to our advisors, they could review your case and may put you in touch with an experienced solicitor from our panel.

A solicitor from our panel may offer to support your claim on a No Win No Fee basis via a Conditional Fee Agreement (CFA). With this type of agreement in place, you won’t need to pay any upfront or ongoing fees for your solicitor’s services. Also, if your claim is not successful, you won’t need to pay your solicitor for the work they have provided on your claim.

If your claim is successful, then the solicitor who supported your claim will take a legally capped percentage from your compensation. This is known as a success fee.

To learn more about how to claim compensation for a prescription error with a No Win No Fee solicitor, please get in touch with our advisors today. You can reach them by:

Featured Articles

We hope you found our guide about prescription error compensation claims helpful. For further related articles, please see below. 

How to Make a Compensation Claim Against the NHS – Learn how to claim compensation from the NHS for medical negligence. 

How to Prove Medical Negligence – This guide explains how you could prove medical negligence. 

What Circumstances are Classed as Medical Negligence – This article explains what medical negligence could be. 

NHS Resolution – NHS Resolution is the legal branch of the NHS that handles compensation claims. 

How to Complain the NHS – If you would like to make a formal complaint to the NHS, this page explains how you can do so. 

Medication Advice From The NHS  – Information on medication.

Please contact us if you have any further questions about prescription error compensation claims.