A Complete Guide To Medication Error Claims

Last updated 31st October 2025. We trust those who are responsible for prescribing medication to provide us with care that meets the correct standard. When that doesn’t happen, it can lead to life-altering physical and emotional consequences, which can become all the more challenging if there are resulting financial losses. If you are here because you’re unsure how to start the medication error claims process, please know that help is available to provide you with the support that you need.

What You Need To Know About Medication Error Claims

• How do medication errors happen? They may occur because a healthcare professional prescribes the medication, fails to confirm whether a patient has allergies, or doesn’t check whether drug interactions could be harmful.
• What are the potential consequences of a medication error? Errors can lead to overdoses (or underdoses), organ damage, infections, harmful drug interactions, and allergic reactions.
• Do I need to make a complaint? You don’t need to file a complaint about the medication error, but it may trigger an investigation into what happened and can be useful evidence when making a claim.
• What type of evidence will I need to support a claim for a medication error? You may need copies of your medical records, the packaging of your medication, and any related documents for your prescription.
• How is compensation for a medication error calculated? Medication error compensation considers various factors, including the severity of the harm suffered, the presence of long-term disabilities, and the resulting financial loss.

Our solicitors have built their expertise in the medical negligence claims process through years of combined experience and training. Over the years, one thing has been abundantly apparent to them: support matters. Mindful of that, they approach every claim with an understanding that each client has unique needs and adjust their services accordingly. So, from the outset, you can rest assured that they will have your back at every stage of your claim.

Whether you have queries related to the question of ‘Can I claim for medication errors?’ or want to see if you can start pursuing compensation today, our friendly advisors are here to help. Have a chat now by:

• Calling 0161 509 2856
• Completing our contact form online
• Using our live chat feature

Browse Our Guide

• Who Can Make Medication Error Claims?
• At What Stages Can Medication Errors Occur?
• Different Types Of Medication Errors
• How Can A Medication Error Happen?
• Making A Medical Negligence Claim On Behalf Of Another
• How Much Compensation Could You Get For A Medication Error Claim?
• No Win No Fee Medical Negligence Claims
• Learn More

Who Can Make Medication Error Claims?

Every medical professional, regardless of the environment in which they work, owes a duty of care. This means that they need to provide their patients with the correct standard of care when treating them. Failure to do so could be seen as a breach of their duty of care.

For medication error claims to be eligible, the following eligibility criteria must be met:

• You were owed a duty of care.
• A medical professional breached their duty of care.
• This caused you to suffer unnecessary or avoidable harm.

Together, this is known as medical negligence.

How Common Are Medical Negligence Claims?

In 2023/2024, 15,839 medical negligence cases were registered with the Compensation Recovery Unit, an increase of 1,396 from 2022/2023.

If you would like to speak with one of our advisors about your circumstances, call today for a free, no-obligation consultation.

At What Stages Can Medication Errors Occur?

Medication errors can occur at various stages of the medication process.

Prescribing

When you receive a prescription, it must be for the correct medication and dosage. The medical professional who prescribes the medication must also ensure that you are not allergic to any of the ingredients. They would do this by checking medical records for any past allergic reactions. They also need to ensure that the medication they are providing does not interfere with any medication you are currently taking. Failure to do so could lead to a variety of consequences.

Dispensing

When a pharmacist is dispensing your medication, they also need to ensure it is the correct medication and dosage. Therefore, they need to ensure all labelling on medication is correct and that they are reading the prescription instructions correctly. They also need to ensure they are handing the medication to the correct patient. If they do not do this, it could lead to you suffering various symptoms and also your initial condition not being treated.

Administration

If a person gets a prescription at the hospital, the medical professional administering medication, such as a nurse, needs to ensure they are giving the correct dosage and drug. If they were to administer medication to the wrong patient, this is considered a breach of their duty of care.

Monitoring

If you are a patient in the hospital taking a repeat prescription for a medical condition, it must be monitored to ensure you are receiving the correct medication and dosage. Failure to do this could result in you suffering unnecessary harm and, in certain cases, could even be fatal.

If you have any questions regarding the medication error claims process or to check the eligibility of your case, you can contact our advisors.

Different Types Of Medication Errors

There are numerous different types of medication errors, such as prescription errors, underdosing, overdosing, and even allergies to the medication.

Prescription Errors

There can be different types of prescription errors, such as doctors prescribing the wrong course of medication for a condition and also a pharmacist providing you with the incorrect medication.

Underdoses

Underdoses are when you are given too little of a medication. This could lead to your condition not being sufficiently treated and later requiring you to take additional, or even stronger, medication.

Overdoses

Being given an overdose of medication is when you are given too much of a medication. This can cause you to suffer from a variety of symptoms, such as nausea and dizziness and can also be fatal in some cases.

Allergic Reactions

Before prescribing you any medication, it should be checked whether the medication contains any ingredients to which you have a known allergy. If you are still prescribed this medication anyway, this could cause you to suffer an allergic reaction, and in some cases, this can be fatal.

However, it is important to note that if neither you nor the medical professional was aware of this allergy, and you suffered an allergic reaction, you might not be able to claim.

Call us today using the contact details at the top of this page for a quick conversation with one of our experienced advisors regarding your case.

How Can A Medication Error Happen? 

There are various ways that medication errors could happen. Some examples may include:

• A nurse in a hospital injects a patient with the wrong medication due to the nurse receiving the wrong patient records, causing harm to the patient.
• Due to mislabelling, a pharmacy provides a patient with someone else’s medication.
• A doctor fails to review your current medication before prescribing you a new medication. This causes your medications to counteract each other.
• Your GP provides you with incorrect information on how much of your medication you should take, leading to an underdose and your condition not being treated.

These are only a few examples of incidents that could lead to medication error claims. If you would like to discuss your case, you can contact our advisors.

Making A Medical Negligence Claim On Behalf Of Another

In certain cases, you could be eligible to make a medical negligence claim on behalf of someone else. For example, this could be on behalf of a minor or someone who lacks the mental capacity, as both of these parties are unable to make their own claim.

You would need to be appointed by the courts as a litigation friend to claim on their behalf.

When acting as a litigation friend, you would be required to act in the best interests of the claimant, work with their solicitor and keep them informed of the progress of their case.

If you would like more information about claiming on behalf of someone else, call our advisors.

How Much Compensation Could You Get For A Medication Error Claim?

Compensation for successful medication error claims could consist of two heads of loss. The first is known as general damages and is awarded in all successful cases.

This provides you with compensation for the suffering and pain the medical negligence has caused you.

The Judicial College Guidelines (JCG) is a document that may be used by those valuing your claim for general damages. It contains a list of compensation guidelines for different forms of harm. We have listed some of these entries below, aside from the first figure.

• Multiple severe forms of harm and financial losses – this could include medical expenses, care costs and lost earnings – up to £1,000,000+
• Brain – very severe – some ability to follow simple commands, recovery of eye-opening, return of waking patterns, and the need for full-time nursing care. – £344,150 – £493,000.
• Brain – moderately severe – The injured person will be very seriously disabled. There will be substantial dependence on constant professional care – £267,340 – £344,150.
• Kidney – Serious and permanent damage to or loss of both kidneys – £206,730 – £256,780.
• Epilepsy – Established Grand Mal – Will be affected by whether attacks are successfully controlled by medication – £124,470 to £183,190.
• Bowels – Total loss of natural function and may require dependence on a colostomy, depending on their age – Up to £183,190.
• Bladder – Complete loss of natural control and function – Up to £171,680.
• Digestive System – Illness resulting from non-traumatic harm (i) – Vomiting, acute pain and a fever caused by severe toxicosis – £46,900 to £64,070

What Are Special Damages?

The other head of loss that could be awarded is special damages. This provides you with compensation for the financial losses you have suffered due to the medical negligence. This could include:

• Loss of earnings – this can include any missed overtime, pensions, and bonuses.
• Travel costs – to and from medical appointments.
• Care costs – professional or a friend/family member.
• Replacement or repair of personal property.
• Medical costs
• Alterations to house and/or vehicle if needed.

Evidence of these financial losses will need to be submitted, such as bank statements and receipts.

If you would like to discuss any of the above details, call our team of knowledgeable advisors today. 

No Win No Fee Medical Negligence Claims

Our solicitors have years of experience working on various types of medical negligence claims, including medication error claims. Additionally, they can provide their expert services to you on a No Win No Fee basis under a Conditional Fee Agreement. With this in place, you can experience:

• No upfront fees to pay for the solicitor to begin working on your case.
• Not having to pay anything for their services as the claim progresses.
• Not paying for their completed work if the claim is unsuccessful.

If your claim is successful, a legally capped percentage (known as a success fee) will be deducted from your compensation.

Contact Us Today

If you have any questions regarding the medical negligence claims process or would like to see if you could work with a solicitor from here at Advice for your case, you can contact our advisors:

• Call 0161 509 2856
• Complete our contact form online
• Use our live chat feature

Learn More

See below for additional resources:

• Find out whether you could sue the NHS for medical negligence.
• Information on misdiagnosis claims and when you could make one.
• Guidance on how to prove medical negligence when making a claim.

Further resources:

• Find out more about medication safety management with NHS England
• NHS Resolution on learning from medication errors.
• The professional duty of candour for doctors registered with the General Medical Council (GMC).

Thank you for reading this guide on medication error claims.