A Guide To A Methotrexate Prescription Error Claim

This guide will look at how to make a methotrexate prescription error claim. Methotrexate is a type of medication that slows down your body’s immune system to reduce swelling. These types of drugs are known as ‘immunosuppressants’. It is typically prescribed to treat inflammatory conditions such as Crohn’s disease, psoriasis, psoriatic arthritis and rheumatoid arthritis. It may also be used as a cancer treatment (chemotherapy) to stop the mutant cells from dividing and spreading. 

However, to have a valid prescription error compensation claim, you must satisfy the eligibility criteria. This is examined in this guide. 

If you have an eligible case for medical negligence compensation, you may like to instruct a solicitor to support you during the claims process. This guide concludes with a look at the benefits of being represented by a No Win No Fee solicitor. 

If you would like to discuss claiming for wrongly prescribed medication, get in touch with a member of our advisory team. They can give you free advice about how to seek compensation when given the wrong medication. 

To talk to an advisor about clinical negligence claims: 

  • Call 0161 696 9685 for claims for prescription errors
  • Fill out our ‘contact us’ form for an advisor to call you. 
  • Ask about medical negligence claims in our live chat. 

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Select A Section 

  1. Making A Methotrexate Prescription Error Claim
  2. How Could I Have Wrongly Been Prescribed Methotrexate?
  3. What Compensation Could I Receive From A Medical Negligence Case?
  4. Evidence That Could Help You Claim After Being Given The Wrong Medication
  5. Claim Medical Negligence Compensation On A No Win No Fee Basis
  6. Learn More About Making A Methotrexate Prescription Error Claim

Making A Methotrexate Prescription Error Claim

In order to have valid grounds to make a methotrexate prescription error claim, medical negligence must have occurred. This means that you must prove that:

  • You were owed a duty of care. When you seek medical attention, the medical practitioners treating you automatically owe you a duty of care to provide care that meets the correct standard. Every healthcare professional involved in your treatment owes you a duty of care, including hospital doctors, your GP, nurses and pharmacists. 
  • There was a breach of this duty. For example, the doctor treating you fails to consider all of your symptoms or fails to refer you for further testing to rule out other conditions, which can result in a misdiagnosis, leading to a methotrexate prescription for a condition you do not have. In addition to a worsening of your initial condition, you may endure serious side effects, including an increased risk of infection and kidney failure. 
  • You suffered avoidable harm because of this breach. According to the NHS, methotrexate can cause serious side effects, including liver problems, lung inflammation, kidney problems, and blood disorders. Additionally, taking an immunosuppressant drug can increase your risk of infection. Failure to monitor these side effects or prescribing methotrexate negligently could result in harm that could be avoided. 

A distressed looking hospital doctor sat on the floor in front of a gurney.

Contact one of the advisors from our team to discuss the eligibility for clinical negligence claims.

How Could I Have Wrongly Been Prescribed Methotrexate?

Here are a few examples of negligence occurring due to a prescription error:

  • A wrongly prescribed medication. A patient is prescribed methotrexate for an inflammatory condition. However, the doctor failed to check the patient’s notes thoroughly. The patient has a known history of an allergy to an ingredient in methotrexate which caused them to suffer anaphylactic shock
  • Weren’t advised of the side effects. A patient is prescribed Methotrexate. However, the doctor failed to check if they had or wanted children and did not discuss the side effects. The medication reduced fertility in the patient. 
  • Drug interactions. At the pharmacy, the pharmacist makes an error and provides you with another patient’s medication which is methotrexate. You suffer serious illness when it interacts with other medications you are taking. 

Get in touch with our advisory team to discuss when a methotrexate prescription error claim might be valid. 

What Compensation Could I Receive From A Medical Negligence Case?

If you make a successful methotrexate prescription error claim, your settlement may consist of two parts. These are known as general and special damages. 

General damages are the part of a settlement that compensates for the physical symptoms and mental suffering that has been caused due to the prescription error. To value this part of your wrong medication claim, those responsible for valuing medical negligence cases may refer to the compensation brackets found in the Judicial College Guidelines (JCG). This document lists guideline figures for different types of harm that could be experienced.

In our table below, we look at a few illnesses that could be relevant. These figures are taken from the JCG’s 16th edition. We also look at how compensation could be awarded if you suffer more than one serious illness as a result of being given the wrong drug, plus special damages. The top entry figure is not from the JCG. As all medical negligence claims are different, the table is only provided for guidance. 

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Injury Severity Notes Compensation Guidelines
Multiple Severe Illnesses or Injuries and Special Damages Very Severe Different types of very serious harm and financial losses and costs such as lost earning, care at home, home adaptations. Up to £500,000+
Kidney Serious This bracket includes losing both kidneys or suffering serious, permanent damage to them. £169,400 to £210,400
Kidney Significant The claimant is at significant risk of urinary tract infections or other loss of the natural functioning of their kidneys. Up to £63,980
Kidney One Kidney The injured party lost one kidney but the other is undamaged. £30,770 to £44,880
Lung Injuries Serious The young claimant suffers a serious disability with a probability of the condition worsening. £100,670 to £135,920
Lung Injuries Difficulties This bracket involves breathing difficulties that require the fairly frequent use of an inhaler. £31,310 to £54,830
Male Reproductive System Sterility A claimant without children suffers uncomplicated sterility but without impotence. £56,080 to £71,350
Female Reproduction Infertility A claimant without children who suffers with infertility but without aggravating features. £56,080 to £71,350
Non-traumatic Damage to the Digestive System Severe Symptoms in this bracket include serious acute pain, vomiting, diarrhoea and fever along with continuing incontinence, haemorrhoids and irritable bowel syndrome. £38,430 to £52,500
Spleen Loss The claimant suffers a continuing risk of internal infections. £20,800 to £26,290
Hair Damage Loss The claimant suffers distress, depression and lost confidence due to hair falling out or breaking off. £7,340 to £11,020

Claiming Financial Losses In A Wrongly Prescribed Medication Case

You may also be eligible for special damages. This second part of a settlement is to reimburse financial losses that have been caused by the harm of a drug error. You can claim compensation for:

  • Loss of earnings. 
  • Care costs. 
  • Travel expenses to attend appointments. 
  • Medical expenses. 
  • Home help.  

However, you should submit proof of your expenses, such as receipts, bank statements and payslips. 

medical negligence calculator with stethoscope.

If you would like to learn more about how compensation could be awarded in a methotrexate prescription error claim, contact one of our advisors. 

Evidence That Could Help You Claim After Being Given The Wrong Medication

Collecting compelling evidence is a vital part of the process for making a medical negligence claim. This needs to prove liability for the harm you are claiming for. Examples of evidence that could be helpful in a methotrexate prescription error claim include:

  • Test and X-ray results. You may have been referred for a chest x-ray and breathing test prior to commencing treatment to ensure that methotrexate is suitable for you. Additionally, you will have required blood tests during treatment to see if you are suffering serious side effects and to make sure you are on the correct dose. 
  • A copy of the prescription. For example, this can show if you were prescribed the wrong dosage or advised to take it too frequently. 
  • A copy of your medical records. These can show if you suffered any avoidable harm as well as what treatments you needed. 

Additionally, your claim for the wrongly prescribed medication may also be subjected to the Bolam test. This is when a panel of experts in the relevant field evaluate the actions of the medical professional who treated you and judge whether the care you received was of the correct standard.

If you would like free advice about how to prove a medical negligence claim, contact an advisor from our team. 

Claim Medical Negligence Compensation On A No Win No Fee Basis

If you meet the eligibility requirements to make a methotrexate prescription error claim, you may wish to have support from a solicitor during the claims process. Provided your case is valid, one of the specialist medical negligence solicitors from our panel could help you. Our panel generally use a Conditional Fee Agreement (CFA) to offer their legal services. This is a type of No Win No Fee agreement. 

When your solicitor works with you on a No Win No Fee basis, you won’t be asked to pay for their services upfront. They also won’t ask for payments as your claim is ongoing. Furthermore, if you are not awarded compensation following an unsuccessful claim, they won’t ask for a payment for their work on your case. 

However, if your claim for wrongly prescribed medication is successful, your solicitor will take a success fee from your award. The amount that your solicitor can take as this fee is a capped percentage that is limited by the law. 

Our advisory team is here to help you. They can evaluate your claim’s potential, discuss how much compensation you could get for a successful case and answer any questions you have about the medical negligence claims process. Additionally, if you meet the eligibility criteria, you could be connected to one of the solicitors from our panel. 

Discuss prescription errors with our advisory team today. Contact us:

  • Call 0161 696 9685
  • Fill out our ‘contact us’ form for an advisor to call you. 
  • Use our live chat feature to discuss a claim for medication errors. 

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Learn More About Making A Methotrexate Prescription Error Claim

Here are a few more guides about medical negligence claims:

Some external websites that you might find useful:

If you have any questions or would like to get your methotrexate prescription error claim started today, please get in touch.