Last Updated On 19th August 2025. This is our guide on prescription errors and how they could lead to a medical negligence claim being made. This article will be covering topics such as some possible causes of prescription errors, and examples of what the impact on your health could be.
To be eligible to make a medical negligence claim for prescription errors, it must be proven that negligence occurred either during the prescribing of the medication, dispensing or administration of it.
We understand that the process of making a claim like this can seem daunting, but we are here to answer any questions you may have. Speaking to us directly is the best way that we can help you. We can assess your claim for free and connect you with one of our expert medication error solicitors if we believe you could be owed compensation.
4.8 (466 reviews) Read on for more information. Below, you’ll also find how you can get in touch with us to find out if you may have a valid claim.
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- Call us on 0800 073 8804
- Contact us online
- Use the chat window in the corner
What Are Prescription Errors?
Prescription errors can cover a variety of circumstances. The term is used to describe any mistake made by someone working in a medical setting that affects the prescription medication intended for a particular patient. Therefore, there is no specific definition of the term.
Errors of this kind can happen in a variety of locations, such as a GP surgery or even a hospital setting Generally, only doctors and dentists can issue a prescription or those trained in prescribing, but some other healthcare professionals (such as specialist nurses) can do this too.
Errors can happen at different stages, such as when medication is being prescribed, when it is being dispensed or when a medical professional is administering it.
How Common Are Prescription Errors?
According to NHS statistics, the rate of prescription errors in NHS hospitals is indicated at 7%. In general practice, this falls to 5%. You can see how these figures line up against each other in the graph below.
What Effect Could A Prescription Error Have?
If a patient were to receive the wrong medication, there could be an adverse reaction. This is especially true if you have an allergic reaction to the errant medication that you are given. Reactions can be of varying severity. Some may be minor, but others may be quite severe or even fatal.
Alternatively, the condition that you are suffering from could worsen due to not receiving the correct medication. It’s also possible that the prescription is delivered to the wrong patient. This may not only affect the person who doesn’t receive the medication, but also the individual who receives the wrong medication.
Types Of Prescription Errors
If you have suffered from a prescription error, you may be eligible to claim prescription error compensation, regardless of the error type.
There are many forms of prescription errors, such as:
- Receiving the wrong medication
- Receiving another patient’s medication
- Receiving an incorrect dosage – this may be an under-dosage or over-dosage
You may be eligible to make a claim for medical negligence for harm caused by a prescription error if:
- You were owed a duty of care by the medical professional who gave you the incorrect prescription
- They acted negligently by giving you the incorrect prescription, thereby breaching their duty of care
- This resulted in you suffering from avoidable harm
The General Medical Council has provided guidelines for good medical practice, some of which aim to prevent prescription errors so that patients do not suffer from avoidable and unnecessary harm.
Therefore, if a medical professional has given you an incorrect prescription, which resulted in you suffering from harm that you wouldn’t have sustained otherwise, you may be entitled to compensation.
Get in touch with our helpful advisors today to start your claim or to learn more about prescription error claims.
What Evidence Can Be Used In Prescription Error Claims?
Evidence like medical records and the medication itself can be used in prescription error claims. You’ll need to show what harm was caused, as well as how it resulted from a healthcare provider’s error.
We’ve set out some of the evidence you can use here:
- Medical records from any treatment to address the harm you suffered. This can include the results of scans and blood tests, or copies of surgical notes.
- The medication itself: Keep hold of the medication, including the packaging and labels, as well as your prescription letter.
- If another person attended appointments with you or otherwise saw the level of care you received, they could give a witness statement. Be sure to give their up-to-date contact information, with their permission, to your solicitor so they can be interviewed during the claim.
- Any findings from the Bolam test, if applicable.
The Bolam test involves a panel of relevantly trained medical professionals assessing the level of care you received and giving their opinion on whether or not it met the expected standards. While the Bolam test isn’t used in every claim, it can prove useful evidence if it’s applied in your particular case.
Our solicitors have years of experience supporting clients with the task of gathering evidence, and one of these expert legal representatives could help you next. To find out more, get a free eligibility assessment, or to get guidance on claiming prescription error compensation, get in touch with our advisors today.
How Could We Help With Prescription Error Claims?
There are a few different things you’ll need to address if you wish to make a claim. We can advise you on them all. This section focuses on some of the key steps you’ll need to take when making claims for prescription errors.
- Seek medical advice – your health should take priority. It’s advised that you seek treatment as soon as possible if your health has been affected.
- Inform relevant parties – senior staff, such as owners and managers of the facility where the incident took place, could be notified of the error. This way, it can be investigated in an effort to reduce the chances of it happening again.
- Gathering evidence – you can do this by acquiring things like your medical records, and taking photographs of any physical side effects of being given incorrect medication.
- Seek legal advice – some steps may need additional information. Having an experienced solicitor by your side can help with this. Get in touch with us today, and we may be able to connect you with our medical negligence solicitor.
Get in touch with our advisors today for more information. We’re here and ready to help you.
How Much Could I Claim For A Prescription Medication Error?
This section should give you a better understanding of how compensation for harm sustained due to prescription errors will be calculated. The amount that’s calculated by professionals to account for the impact on your health is known as general damages. A publication called the Judicial College Guidelines (JCG) is used to assist them in this process, as it publishes suggested compensation brackets for many kinds of harm.
The value of each type of harm can vary depending on a number of factors. For example, general damages might consider how long you take to recover.
We’ve included some entries from the JCG below. However, this is not a complete list. The actual publication is quite extensive. Please note that the figure in the top row is not from the JCG. Furthermore, the table is only provided as a guide.
| Harm | Description | Amount Guideline |
|---|---|---|
| Multiple Types of Very Severe Harm and Special Damages (e.g. Medical Bills) | Very Severe | Up to £1,000,000 or more |
| Brain Damage | Very Severe | £344,150 to £493,000 |
| Sight | (i) Loss of sight in 1 eye with reduced vision in the remaining eye | £117,150 to £219,400 |
| Bladder | Complete loss of function | Up to £171,680 |
| Hearing | Total deafness | £110,750 to £133,810 |
| Post-traumatic stress disorder | (a) Severe | £73,050 to £122,850 |
| Chest | (c) Damage to chest and lung(s) | £38,210 to £66,920 |
| Non-traumatic harm to the digestive system | (i) Severe toxicosis | £46,900 to £64,070 |
| Female reproductive system | (d) Infertility | £21,920 to £44,840 |
| Psychiatric damage | (c) Moderate | £7,150 to £23,270 |
There can also be other amounts that can be awarded to you as part of your claim. They’re known as special damages. If you have spent or lost out on money as a result of the harm you suffered, then you could be entitled to have it reimbursed to you. You will need to have proof of these expenditures and losses. For example, payslips and receipts are good forms of evidence.
Some losses that can be reimbursed include loss of earnings, damage to property or medical/travel expenses.
Get in touch for more information on how special damages can be calculated.
Get In Touch To Make A No Win No Fee Prescription Error Claim
Some people may be concerned about their ability to afford the services of a solicitor. However, all of our solicitors work on a No Win No Fee basis. So, how does an agreement like this work?
When working with a No Win No Fee solicitor, you are only required to pay them for their services if you are successful in your claim. Their payment is known as a success fee and is taken from your compensation. The percentage that they take is capped by law.
If you do not succeed, then you aren’t required to pay any solicitor fees at all. There are also no upfront or ongoing solicitor fees to consider, either.
It is permitted to make a claim without legal representation. However, when making a claim without a solicitor, you are expected to complete all the work of your case. The guidance and advice that a lawyer can give you throughout the process may also help you understand certain aspects of a claim more thoroughly.
Get in touch with us today, and we can let you know whether or not you could be eligible to make a No Win No Fee claim.
- Call us on 0800 073 8804
- Contact us online
- Use the chat window in the corner
Quick Links
We’ve included some links below that’ll take you to additional information on this topic.
- Our guide on medication calculation errors.
- An article on hospital infection claims.
- Another of our guides on medical/clinical negligence claims.
- Grief, bereavement and loss – an NHS guide.
Thank you for reading our guide on prescription error claims, and please get in touch with any further questions about medical negligence compensation.
Guide By Bibby
Edited By Melissa.
