This guide will provide information on making prescription error claims for compensation. The process of making a claim following medical negligence may seem complex. If so, this guide could offer advice on whether you could be eligible to make a medical negligence claim for a prescription error.
Prescription error claims guide
There are various instances where someone could receive the wrong prescription. However, to pursue a valid compensation claim, you must have experienced avoidable harm as a result of a medical professional failing to uphold the duty of care they owe you.
This guide will look to illustrate examples of how a medical professional could breach their duty of care, causing you harm that could have otherwise been avoided. This could help you understand whether you’re eligible to make a claim for medical negligence compensation.
This medical negligence guide will provide you vital information that may be needed to make a prescription error compensation claim. However, we understand if you have additional queries about how to claim. If so, you can call our team using the contact details:
- Call: 0161 696 9685
- Contact form: Use the contact form
- Live chat: Speak with an advisor using the live chat feature.
Select A Section
- What Is Medical Negligence?
- How Could Prescription Errors Affect You?
- What Evidence Do You Need To Make Prescription Error Claims?
- Who Can You Make Prescription Error Claims Against?
- How Much Could Prescription Error Claims Be Worth?
- Find Out How We Could Help With Prescription Error Claims
What Is Medical Negligence?
All medically trained professionals have a responsibility to provide an adequate standard of care to prevent their patients from sustaining avoidable harm.
If a medical professional provides a substandard level of care that causes a patient further harm or harm that could have been prevented, they may have acted negligently.
For example, a pharmacist may have handed you the wrong prescription that was meant for another patient. As a result, you may have taken medication that was not suitable for you.
Medical negligence could occur in both private and NHS facilities. As long as you have evidence to show that a healthcare professional failed to uphold the duty of care they owed you and this caused you harm, you may be eligible to claim.
For more information on whether you’re eligible to make prescription error claims, please call on the number above.
What Are The Different Kinds Of Prescription Errors?
There are various types of prescription errors that could cause a patient harm. Examples might include:
- Mixing medication: A doctor may prescribe you two types of medication that aren’t suitable to be taken together due to the reaction they could cause. As a result, you may experience severe complications from taking the medications at the same time. This could cause you additional harm as well as make your pre-existing condition worse.
- Wrong medication: A pharmacist may have picked up the wrong medication off the shelf when processing your prescription. As a result, you may have taken a medication that was meant for someone else.
- Wrong dosage: A doctor may have prescribed a child an adult dose leading to the child experiencing symptoms of an overdose.
- Unsuitable medication: A doctor may have failed to check your notes before prescribing a certain medication. As a result, you may have experienced a severe allergic reaction.
Prescription error claims could be made if you can prove that they were a result of negligent practices. For more information, please use the number above.
How Could Prescription Errors Affect You?
There are various ways in which an error with your prescription could cause you harm. In some cases, a patient might experience mild symptoms after taking the wrong medication.
However, in other cases, a patient that has taken the wrong medication as a result of a prescription error could experience severe harm such as organ failure or death.
Other examples of the harm that someone could sustain after taking the wrong medication due to a prescription error could include:
- Seizures
- Stomach ulcers
- Kidney damage
- Liver damage
- Unconsciousness
- Allergic reaction causing anaphylaxis.
The symptoms you experience will vary depending on the type of medication you have taken. However, if you have experienced harm that could have been avoided or an additional injury due to a medical professional providing care that fell below the expected standard, call our team.
An advisor could help you understand whether you’re eligible to make prescription error claims to seek compensation for the harm you have sustained.
What Evidence Do You Need To Make Prescription Error Claims?
To make a prescription error compensation claim, you will need to provide evidence to support your claim. The evidence could highlight that a medical professional did not take all reasonable steps to ensure they were providing care that met the expected standard. Evidence might include:
- Medical records
- Old prescriptions
- Doctor notes
Alongside this, the Bolam test may also be used to determine whether a medical professional provided the correct level of care when treating you. The test involves a group of medically trained professionals in a relevant field assessing your case.
Additionally, as part of the prescription error claims process, you may be asked to attend a medical assessment that’s completed independently. The appointment could provide a report detailing the full extent of the harm you sustained.
If you’re unsure about the evidence you may need to support your medical negligence claim, you could seek legal advice. We could help by assessing your case and determining whether it has a chance of success. If it does, we could connect you with a solicitor from our panel to start working on your claim. They could help you gather relevant evidence and arrange for you to attend a medical appointment in your local area.
For more information on how the solicitors from our panel work, please call on the number above. Alternatively, for more information on how to prove medical negligence please see this guide.
What Is The Limitation Period For Medical Negligence Claims?
The time limit for making a medical negligence claim is three years. The time limit may begin from the date the incident of medical negligence happened. However, there are certain exceptions. For instance, the time limit could also start from the date you became aware that someone else’s negligence caused or contributed to the harm you sustained.
Additionally, there are exceptions for anyone under the age of 18 or anyone who may lack the mental capacity to claim on their own behalf.
For more information on the time limit exceptions, please don’t hesitate to call our team on the number above.
Who Can You Make A Prescription Error Claim Against?
Prescription error claims could be made against any trained medical professional who failed to provide an adequate standard of care and caused you to sustain further or avoidable harm as a result. This could include:
- Pharmacists
- Doctors
- NHS facilities
- Private healthcare facilities
In some cases, NHS Resolution may play a role in your claim as they act as a representative for NHS trusts. They aim to ensure compensation is awarded fairly and steps are taken to prevent the same incident from happening again.
How Much Could Prescription Error Claims Be Worth?
If a prescription error has harmed you, you may be curious to know how much compensation you could claim. However, it is difficult to give a definitive figure of how much your claim may be worth as there are many factors that are considered when valuing your injuries.
Generally, though, your compensation payout may comprise general damages. These seek to compensate you for the physical and psychological harm you may have experienced as a result of negligence.
When valuing your injuries, medical evidence may be used to determine the following:
- The severity of the harm you sustained
- How badly the harm may have impacted your quality of life
- The future implications involved with the harm you experienced
Additionally, guidelines from the Judicial College sets out bracket compensation amounts for different types of harm at varying levels of severity. The amounts, which are shown in the table below, should only be used as a guide because your actual settlement will vary.
| INJURY & CATEGORY | ABOUT THE INJURY | SETTLEMENT |
|---|---|---|
| Spleen Injury (A) | Loss of spleen. There is risk of developing internal infections or disorders. | £19,510 to £24,680 |
| Very Severe Brain Damage | There will be little evidence of meaningful response to environment. | £264,650 to £379,100 |
| Kidney Injury (B) | The person faces risk of urinary tract infections in the future and/ or they may have lost their natural kidney function. | Up to £60,050 |
| Kidney Injury (A) | Both kidneys have been lost or there have been serious and permanent damage to both kidneys. | £158,970 to £197,480 |
| Illness (b) (i) | Toxicosis which is severe and causes several symptoms such as acute pain, fever and vomiting. | £36,060 to £49,270 |
| Bowel Injury (D) | A severe injury to the abdominal area which has caused impairment of bowel function. The person may also need a temporary colostomy. | £41,850 to £65,440 |
| Bowel Injury (B) | Loss of natural function in the bowels. There may also be a dependence on a colostomy. The award given may vary depending on age. | Up to £140,870 |
| Bladder Injury (D) | Whilst this person has almost completely recovered, the injury has caused long term damage to natural bladder function. | £21,970 to £29,380 |
| Bladder Injury (C) | Bladder control has been seriously impaired as well as the person suffering with pain and incontinence. | £60,050 to £75,010 |
| Bladder Injury (B) | Complete loss of function and total loss of control. | Up to £132,040 |
Your payout may also comprise special damages which compensate you for any expenses related to your injuries, such as medical expenses or loss of earnings. However, you must provide evidence of any financial losses such as payslips or receipts.
Please get in contact to find out what a compensation settlement may comprise following successful prescription error claims.
Find Out How We Can Help With Prescription Error Claims
Our panel of experienced medical negligence solicitors all offer No Win No Fee services, such as a Conditional Fee Agreement (CFA). This is a helpful way to fund legal representation if you’re considering hiring a solicitor.
The agreement means you won’t pay an upfront cost for your solicitor’s services or ongoing costs while your claim proceeds.
In the event of a successful claim, you will be asked to pay a small success fee from your compensation. The fee is taken as a percentage which is capped by law. However, your solicitor will provide details of the fee before you begin your claim with them.
For unsuccessful claims, you will not need to pay a success fee to your solicitor.
If you’d like to begin your prescription error claim with a solicitor from our panel on this basis, please don’t hesitate to call for more details. Alternatively, if you’re not yet ready to begin your claim, an advisor could help you understand the next steps you may need to take.
Either way, our advisors are available to help. Simply, use the details below:
- Call: 0161 696 9685
- Contact form: Use the contact form
- Live chat: Speak with an advisor using the live chat feature below.
Featured Articles
We have included the following guides that you may find beneficial.
- Read our guide on how to claim medical negligence compensation.
- A helpful guide on walk-in centre medical negligence claims.
- Visit this useful guide on claiming compensation for an operation gone wrong.
We have also provided some external resources that you may find helpful.
- For more information on what to expect from your doctor, visit the General Medical Council website.
- Visit the NHS Constitution for England to find out more about your patient rights.
- See the NHS website for information on how to complain to the NHS.
We hope this guide on prescription error claims has been helpful. However, if you have any additional questions, please don’t hesitate to call our team on the number above.