If you have suffered harm after medication calculation errors, you may be able to claim compensation. There are instances where a medication error could be caused by medical negligence. We will explore examples of these instances further in our guide to help you understand whether you’re eligible to put forward a claim.
The duty of care of all medical professionals is to provide a minimum standard of care to all patients. If they breach this duty of care, patients could experience further harm or harm that could have been prevented. This article will look further at how medication errors could cause you harm.
It is important to note that not all cases of medication errors are a breach of duty of care. Also, if you received the wrong dosage but were not harmed, you would be unable to claim compensation. The compensation that you could be awarded will only cover the illness that was caused by medical negligence not your original condition.
Read on to learn more about medication error claims. Alternatively, contact us using the methods below. Our team of advisors are available 24/7 to support you and offer free legal advice. They could also connect you with a solicitor from our panel if they think your claim could be successful.
Get in touch by:
- Using our online contact form
- Calling us on 0161 696 9685
- Speaking with an advisor via the live chat feature below
Select A Section
- Types Of Medication Calculation Errors
- What Harm Could Medication Calculation Errors Cause?
- Why Claim For Harmful Medical Negligence?
- Check How Much Victims Of Medication Calculator Errors Could Claim
- Can You Make No Win No Fee Claims For Medication Calculation Errors?
A variety of factors could cause medication calculation errors. Some examples where a medical professional’s negligence could have caused an error with medication might include:
- Inadequate knowledge: A doctor may have had a lack of knowledge or understanding of the units of measurement – e.g. using millilitres instead of nanograms or micrograms.
- Wrong equipment: A medical professional may have used the wrong equipment to measure a dosage. As a result, the dosage may have been incorrect causing a patient to experience an overdose of medication.
- Failure to carry out adequate checks: A healthcare professional may have forgotten the correct dosage when calculating a dose for medication. Furthermore, they may have failed to check the correct dosage before dispensing the medication to a patient. As a result, the patient may have experienced avoidable harm.
However, this list is not exhaustive. A medication calculation error could occur in another way. Contact us if a similar type of medication error has caused you preventable harm or an additional injury, and our advisors can tell you if your claim is valid.
Medication Error Statistics
According to the British Medical Journal (BMJ), it has been estimated that there are around 237 million medication errors in England each year. This costs the NHS around £98,462,582. Additionally, it is estimated that they resulted in 181,626 bed days and either caused or contributed to around 2,420 deaths.
Where are these mistakes made:
- 54% occurred in administration
- 21% occurred in prescribing
- 16% occurred in dispensing
A medication calculation error could cause you to experience many negative health issues that affect your quality of life.
Suppose you have not been prescribed an adequate dosage of medication. Your condition could continue to worsen as it is not being appropriately treated. If this medication error happened because of medical negligence this could lead to you experiencing unnecessary suffering that could have been avoided had a healthcare professional treated you with the correct standard of care.
You could also be prescribed a higher dosage than is recommended for your illness or injury. This could lead to serious issues, such as overdosing. If you sustain an injury caused by an overdose, you may need to spend a prolonged period of time in hospital, and it could potentially also lead to death.
Furthermore, depending on the medication, taking a higher than recommended dosage could also lead to addiction or dependency issues and a psychological injury.
Contact us today to find out more about if you could claim for harm caused by medication calculation errors.
If you’ve been harmed by medical negligence, claiming compensation could help you seek financial reimbursement for the damage you experienced.
For successful claims, general damages may be awarded to compensate you for any pain and suffering you have experienced due to negligence. You could also receive special damages if you have experienced any financial loss due to the medication error.
As well as receiving compensation, your claim could encourage those responsible for the harm you sustained to take action to prevent the same incident from happening again.
Medication Calculation Error Claims Process
There are certain steps you could take following medication calculation errors, these steps would also help if you decide to pursue a medical negligence claim:
- Seek medical help, such as from your GP or ringing 999.
- Collect relevant and useful evidence – e.g. medical records or prescriptions.
- Seek legal representation – a solicitor could help you gather relevant evidence and arrange for you to attend an independent medical assessment to produce a current medical report on the harm you sustained.
It’s also important to be aware of the time limit in place for beginning a claim. Under the Limitation Act 1980, you must start your claim within 3 years of the incident or 3 years from the date you became aware that negligence harmed you or contributed to the harm you sustained.
However, there are exceptions that may apply in specific circumstances. For more information, please get in touch on the number above.
As mentioned, a successful medication calculation error compensation payout may comprise general and special damages. General damages cover the compensation you receive for your physical and psychological injuries.
When calculating the value of your injuries, guidelines from the Judicial College may be used to help work out how much compensation you may be owed. The guidelines set out bracket figures of compensation for several injuries at various levels of severity.
We have included some brackets in the table below. However, these amounts are not a guarantee as each case is assessed according to individual circumstances.
You will attend a medical assessment that will provide a report to use for a more accurate evaluation of what you could receive in general damages. A healthcare professional will assess the severity and continuing effects of the harm you sustained. These factors will then be considered when working out how much your injuries are worth.
|Impairment of Taste & Smell||(D)||£18,020 to £23,460||Loss of taste.|
|Kidney||(C)||£28,880 to £42,110||Loss of one kidney with no damage to the other.|
|Psychiatric||(C) Moderate||£5,500 to £17,900||There will have been issues with life in general, such as relationships, work and education but the claimant will have made marked improvements by trial and the prognosis for recovery will be positive.|
|PTSD||(B) Moderately Severe||£21,730 to £56,180||If the claimant receives professional help, the prognosis will be more positive. However, symptoms may still cause some form of disability for the foreseeable future.|
|Illness||(B) (i)||£36,060 to £49,270||Cases of toxicosis which is severe and causes symptoms such as pain and vomiting.|
|Female Reproductive System||(E)||In the region of £9,570||Where there has been a failed sterilisation leading to a pregnancy that was unwanted. However, there won't be any serious psychological impact.|
|Male Reproductive System||(C) (i)||Up to £132,040||This bracket may include chemical or surgical sterilisation.|
|Spleen||(A)||£19,510 to £24,680||Where someone has completely lost their spleen and is at risk of developing an internal infection due to a damaged immune system.|
|Bladder||(D)||£21,970 to £29,380||An almost complete recovery will have been made but there will still be long-term effects on natural function.|
Additionally, you could claim back any past and future financial losses incurred as a result of the harm you sustained under special damages, such as:
- Loss of earnings
- The cost of adaptions to the home, if relevant
- Medical treatments not covered by the NHS
- Travel costs
You may find it beneficial to hire a solicitor, but you may wonder how much this could cost you. If a solicitor offers you their services on a No Win No Fee basis, this could reduce some of the financial risks involved with hiring legal representation in the traditional way.
For instance, solicitors representing your claim on this basis won’t request any upfront payments before your claim starts or any payments for the duration of your claim.
You will be required to pay a small success fee that’s capped by law if you have a successful claim. This will be deducted from your compensation amount. However, if your claim isn’t successful, you will not need to pay the success fee to your solicitor.
If a No Win No Fee agreement sounds appealing to you, you can get in touch with us at any time to find out more. Our advisors can provide you with free legal advice and may connect you with a solicitor from our panel to help you start a claim if they find it has a chance of success.
Alternatively, they could provide further guidance on claims for medication calculation errors.
To get in touch, you can:
- Use our online contact form
- Ring us on 0161 696 9685
- Speak with an advisor using the live chat feature below.
Please see below for additional resources that you might find beneficial.
Claim Time Limit for Medical Negligence – Learn how long you have to start a medical negligence claim against the NHS.
Medication Error at a Nursing Home – If you’ve experienced a medication error at a nursing home, this article explains how you could claim.
How to Prove Medical Negligence – This guide explains how you could prove medical negligence when seeking compensation for the harm you sustained.
Advice From The NHS On Medication Errors – This document shows steps to improve medication error reporting.
NHS Resolution – Visit the NHS Resolution website to learn more about the role they may play.
We hope this guide has provided you with the information you need. However, please get in touch if you have any further queries about claims for medication calculation errors.