Wrong Patient Medication Errors – How To Claim Compensation

This guide will look at the process of claiming for wrong-patient medication errors. Prescription errors can take a number of different forms, from problems with prescribing the wrong dosage of medication to the wrong medication being prescribed entirely.

Wrong patient medication error

Wrong patient medication error claims guide

A prescription error could also occur if two patients are given medication that was meant for the other patient. This could potentially cause harm to both patients, as each of their conditions could then be left untreated. Furthermore, the medication that is mistakenly given could cause the patients harm.

When you seek medical care, you are entitled to a minimum standard of care. If this standard is deviated from, then you could be harmed as a result. Delivering care below this standard is classed as medical negligence. This duty of care means you can claim against private healthcare providers as well as against the NHS.

For more information on claiming compensation for the harm you were caused by medical negligence, speak with an advisor today. You can get in touch by:

  • Calling our team on 0161 696 9685
  • Contact us by email using our contact form or use the live support option below
  • Request a call back on our website

Select A Section

  1. How Wrong Patient Medication Errors Happen
  2. Types Of Wrong Patient Medication Errors
  3. What To Do After Wrong Patient Medication Errors
  4. Check How Much You Could Claim For Harmful Medication Errors
  5. Can A No Win No Fee Clinical Negligence Solicitor Help You?

How Wrong Patient Medication Errors Happen

Medication is an important aspect of medical care. It’s important that people receive the medication they need, in the correct dosages and administered in the correct manner.

If the wrong medication is administered, then this could result in the patient being harmed. This is because there are some drugs that can be harmful if they are taken by someone without a condition which means they require it. In some cases, a patient could be allergic to the medication that they are given by mistake.

Furthermore, if the medication for two patients is mixed up, this means that each patient is not receiving the drug they actually need for their condition.  In some cases, this could result in wrongful death.

In order to claim compensation for medical negligence, you need to show that your condition was made worse by the breach of duty of care that you experienced. If you were given medication that was meant for another patient but did not impact your health in any way, you would not be able to claim.

It’s important to note that there is generally a three-year time limit to starting medical negligence claims. Some exceptions can apply, however; speak with us for more information.

For free legal advice on claiming for wrong patient medication errors, get in touch with our team today.

Types Of Wrong Patient Medication Errors

Below are some examples of the kinds of medication errors that could occur:

  • A member of staff picks up the wrong medication bottle when getting medicine ready for a patient
  • Two patients with the same name receive medication that is meant for one another
  • When administering medication in a hospital, a nurse mixes up the numbers of two beds, meaning that the patients get each other’s medication
  • Two patients who are prescribed the same drug require different doses of the medication. These are mixed up, meaning that one patient receives an overdose and the other an overdose.

These are not the only kinds of wrong patient medication errors that can be made. Get in touch with our team today to see if you could have a valid claim.

What To Do After Wrong Patient Medication Errors

If you’ve been given another patient’s medication as the result of medical negligence, then you may be able to claim. There are some steps that you should take to ensure that you have the best chance of recovery, and also strengthen your claim.

You should:

  • Seek medical attention. You can do this at the facility you were originally treated, or ask for a second opinion elsewhere. This will mean that you get the treatment that you need and will also ensure that records exist of the incorrect medication incident.
  • Collect evidence. It’s a good idea to keep hold of any evidence of the financial impact of your injuries. You should also collect records of your prescriptions and, if possible, packaging from the medication you were given.
  • Seek legal advice. The advice and guidance of a solicitor, while not legally required, will be beneficial to you in making a claim. For example, they can help you collect evidence and can let you know when they think you should accept an offer of compensation.

For further guidance on what the process of claiming for wrong patient medication errors might entail, speak with an advisor today.

Medication and Prescription Error Statistics

wrong patient medication errors

The graph above illustrates the approximate rate of medication errors up to 2018 according to British Medical Journal statistics. As you can see, the majority of medication errors were made at the point of administration.

Check How Much You Could Claim For Harmful Medication Errors

When you pursue compensation for harm caused by medical negligence, you could be entitled to claim two different kinds of damages. These are general and special damages.

General damages is the part of your claim that compensates you for the pain and suffering that your injuries have caused you. This will be worked out with the help of a publication called the Judicial College Guidelines. These are guideline compensation amounts that are based on previous awards that have been made.

You may also be invited to a medical assessment as part of your claim. Here, a medical expert will assess your injuries and determine that they’re consistent with your circumstances. This report will be used to value your claim.

We have included a table below using excerpts from the Judicial College Guidelines:

Injury areaseverityAward range
Psychiatric harm- Less severe Less severe (d)£1,440 to £5,500
Loss of sight Visual disturbance (g)£8,550 to £19,690
Brain damage- Moderate (i) Moderate (c) (i)£140,870 to £205,580
StomachNon-traumatic (b) (i)£36,060 to £49,270
StomachNon-traumatic (b) (iii)£3,710 to £8,950
KidneySerious (a)£158,970 to £197,480
Kidney(c)£28,880 to £42,110
WristUncomplicated (e)In the region of
£6,970
Pelvis/Hips (c) (ii) Up to £3,710
Neck Minor (c) (iii) Up to £2,300

You might also be entitled to special damages. This is the part of your claim that can compensate you for the financial impact of your injuries. It can include:

  • Loss of earnings while you’re off work recovering
  • The cost of domestic help at home from family, friends, or paid carers
  • Travel expenses to hospital or work, including parking and fuel costs
  • Charges for additional medical treatments you cannot get on the NHS
  • Childcare costs

It’s important that you provide proof of financial losses. For information on the evidence you could provide, as well as what could be included in claims for wrong patient medication errors, speak with an advisor today.

Can A No Win No Fee Clinical Negligence Solicitor Help You?

No Win No Fee agreements are a way of making a claim without the need to pay an upfront fee to solicitors. When you enter into a No Win No Fee agreement, there’s also nothing to pay as the claim progresses.

If your claim isn’t successful, you don’t have to pay your solicitor anything. In the event that you’re awarded compensation, your solicitor will deduct a legally capped percentage of your compensation.

Find out if you have good grounds for a medical negligence claim by reaching out to a member of our team today. It’s free, confidential and you could be connected with a No Win No Fee lawyer from our panel.

  • Calling our team on 0161 696 9685
  • Contact us by email using our contact form or use the live support option below
  • Use the live chat feature on this page

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If you have any more questions about wrong patient medication errors, speak with our team today.