Weight-loss medications, when used safely and properly, can offer substantial health benefits beyond weight loss; they can help manage weight and reduce obesity-related health risks. Additionally, prescription weight loss drugs can significantly lower the risk of cardiovascular health conditions, manage blood sugar levels and lower blood pressure.
However, with the rise in popularity of these weight loss drugs, research suggests that if the wrong prescription is administered or if adequate patient screening isn’t carried out, these drugs come with a range of health risks.
If these medications aren’t controlled or prescribed in a safe manner, physical and psychological harm can be caused. If it can be shown that a medical professional provided substandard care which led to you suffering harm, you could have merit to secure weight loss drug compensation.
You may be wondering how a claim could help you. With years of experience, our medical negligence solicitors could assist you in seeking compensation for the physical harm, psychological distress and any provable out-of-pocket expenses incurred.
Our advisors are available 24 hours 7 days a week to listen, assess your claim and advise whether you’d be eligible to seek compensation. Once merit has been established, they can then connect you with one of our specialist medical negligence solicitors who can explain how to claim, handle all legal complexities on your behalf, and work to secure the best possible settlement for you.
4.8 (466 reviews) What Are Weight Loss Drug Compensation Claims?
Weight loss drug compensation claims can be made if you’ve suffered avoidable and unnecessary harm as a result of a medical professional’s negligent treatment and care.
Weight-loss drugs are prescription medications that mimic gut hormones to create a feeling of fullness. These injections will slow the emptying of the stomach and reduce appetite to help aid weight loss. They are typically self-administered pen devices.
Our table below shows some examples of the most common weight loss drugs:
| Weight Loss Drug Name | Active Ingredient | Frequency | Weight-Loss Approved? |
|---|---|---|---|
| Wegovy | Semaglutide | Weekly injection | Approved |
| Saxenda | Liraglutide | Daily injection | Approved |
| Ozempic | Semaglutide | Weekly injection | Diabetes Approved Only |
| Mounjaro/Zepbound | Tirzepatide | Weekly injection | Approved |
Please continue reading to learn when a weight loss drug compensation claim could be made. You can also contact our advisors to discuss your case.
Can I Claim Compensation For Weight Loss Drug Compensation?
Yes, you could claim weight loss drug compensation if it can be shown that your harm was caused as a result of a medical professional acting negligently. In essence, your case must satisfy the following eligibility criteria to be valid:
1. A healthcare professional owed you a duty of care.
This is a legal obligation placed on all medical professionals, including GPs, doctors, pharmacists and others. Per their duty of care, they must provide treatment that meets the minimum expected standard.
2. This duty of care was breached.
We have to then show that a healthcare professional failed to provide you with treatment that met the minimum expected standard. This can arise when a doctor fails to warn patients about associated drug risks, dispenses the wrong medication or dosage, or even when a healthcare professional fails to assess allergies when prescribing new medication.
3. You suffered unnecessary and avoidable harm as a result of the breach.
In order to be eligible to seek weight loss drug compensation, we must finally demonstrate that the breach led to you suffering either physical or psychological harm. This could vary from minor harm to more long-term health conditions. As long as the condition is medically recognised, you could seek compensation for any condition caused by the breach.
Weight Loss Drug Compensation On Behalf Of A Loved One
You could make a weight loss drug compensation claim on behalf of a loved one in two specific circumstances. This is a role called a litigation friend, in which a trusted adult, such as a parent or family member, can make a claim on behalf of someone who is unable to make a claim independently.
A litigation friend can be used if:
- A claimant suffers harm before they are 18. Minors can’t legally bring their own claim until they’ve turned 18
- A claimant lacks the mental capacity to bring a claim independently
Acting in this position comes with responsibilities such as:
- Prioritising the claimant’s best interest
- Handling all correspondence with the claimant’s legal representatives
- Informing the claimant about the progression of their claim
For more information about claiming on behalf of a loved one, please get in touch with our advisors today.
Who Might Be At Fault For Weight Loss Drug Negligence?
Liability for weight loss drug negligence could fall to healthcare providers (whether public or private) or even pharmacies, depending on the circumstances.
Below, we explore the different healthcare sectors that may be at fault in successful weight-loss drug compensation claims.
The National Health Service
Any healthcare professional working within the NHS, whether a GP, clinician, or hospital worker, must provide treatment in line with their duty of care. In their duty, they must provide accurate medical advice, which may include assessing whether weight-loss drugs would be a good option.
Additionally, claims are made against the appropriate Trust that the healthcare provider belongs to. In a successful claim against the NHS, compensation would be paid to you by the NHS Resolution.
This is a government body which deals with clinical medical negligence settlements. Moreover, the Resolution has its own separate funding, meaning claims made against the NHS won’t impact the budget of local hospitals or clinics.
Private Doctors, Nurses Or Pharmacists
As we previously discussed, the duty of care owed to you as a patient extends not just to the public healthcare sector but also to private doctors, nurses, or pharmacists. In these circumstances, a claim would be made against the relevant insurer of the healthcare provider.
All companies in the private healthcare sector must hold their own insurance policy to cover medical negligence claims.
Blackmarket Weight Loss Drug Sellers
With the rise in black-market weight loss drug sellers, you could be wondering how to make a claim if you received your medication from an online supplier. No matter whether you were prescribed in person or online, you could still be eligible to claim weight loss drug compensation.
Again, digital prescribers or online clinics owe all patients a duty of care, and they also should hold an insurance policy to cover any medical negligence claims made against them.
To learn more about who could be at fault for the harm you’ve suffered, please get in touch with our advisors today.
What Negligence Could Occur With Weight Loss Drugs?
Weight loss drug negligence can occur in various situations. Below, we discuss some common examples of how a weight loss compensation claim could arise following negligence:
Incorrect Prescription
This could occur if a pharmacist accidentally dispenses the wrong weight-loss drug to their patient. This prescription error could have detrimental impacts such as allergic reactions, organ damage or even cardiac problems if the patient is on other medication that interacts with the weight loss drug.
Lack of Informed Consent
Prior to any treatment, patients should have informed consent. This is when a healthcare professional explains the risks associated with a weight-loss drug, the benefits, and whether there are any appropriate alternatives. If a medical professional fails to fully inform the patient, and harm ensues, the patient could have merit to bring a weight loss drug compensation claim.
Incorrect Drug Dosage or Rapid Escalation
If a pharmacist or GP prescribes a dosage that is too high, their patient could suffer adverse effects. An example of this is if a doctor prescribes too high of a dose of Wegovy, causing severe toxicosis including vomiting, diarrhoea and dehydration. Additionally, if the incorrect dose has been used on a long-term basis, this may lead to permanent gastrointestinal conditions.
Failure to Adequately Screen Patients
Before you are prescribed weight loss drugs, medical professionals must ensure to fully assess and evaluate whether this medication is appropriate or not. An example of this could be if a doctor prescribes Saxenda without appreciating the patient’s history of pancreatic problems, which later led to the development of pancreatitis.
Failure to Monitor Side Effects
After you’ve been prescribed a weight loss drug, your doctor should ensure to schedule routine check-up appointments where they can assess how effective the drug is. This gives them the chance to also notice any side effects or responses to the weight loss drugs. Failure to properly monitor a patient’s response to a new drug could amount to medical negligence if it causes avoidable harm.
For more information on how weight loss drug negligence can occur, please get in touch with our advisors today.
What Weight Loss Drug Compensation Payout Can I Get?
The amount of weight loss drug compensation you could claim is dependent on the severity of the harm you suffer, your projected recovery duration and any impact on your quality of life.
Additionally, compensation settlements can be made up of two different heads of claim, called general and special damages. The first of these serves the purpose of providing compensation for the physical and psychological impact of the harm you’ve suffered.
When professionals are calculating this head of loss, they can appreciate the level of pain and suffering, whilst also considering any loss of amenity caused by weight loss drug negligence, e.g. being unable to participate in usual hobbies.
Moreover, professionals can also make reference to frameworks such as the Judicial College Guidelines (JCG) when valuing general damages. This document provides categories of specific types of harm alongside guideline compensation brackets.
We’ve provided a table below with some figures taken from the JCG tthat may be applicable in successful weight loss drug compensation claims. Please note that the top entry has not been taken from the JCG, and these figures are guidelines only.
| Type Of Harm | Severity | Compensation Bracket |
|---|---|---|
| Multiple Serious Types of Harm + Special Damages | Various severe forms of harm with financial losses such as private medical costs, therapy expenses and lost income | Up to £250,000+ |
| Kidney Injuries | Permanent and severe damage to or complete loss of both kidneys | £206,730 to £256,780 |
| Significant risk of future urinary tract infection | Up to £78,080 | |
| Loss of one kidney | £37,550 to £54,760 | |
| Bowels | Double incontinence | Up to £224,790 |
| Dependence on a colostomy, depending on age | Up to £183,190 | |
| Passive incontinence | In the region of £97,530 | |
| Temporary colostomy dependence | £54,420 to £85,100 | |
| Digestive System Non-Traumatic Injury | (i) severe toxicosis causing pain, incontinence and vomiting | £46,900 to £64,070 |
| (ii) serious short lived impacts but impairment of bowel function | £11,640 to £23,430 |
Special Damages In Weight Loss Drug Compensation Claims
Special damages in weight loss drug compensation claims is compensation that can account for any associated, provable out-of-pocket expenses caused by your harm. For example, you might have paid for ongoing counselling after experiencing anxiety caused by weight loss drug negligence.
Some more examples of special damages in successful claims could include:
- Lost income encompassing overtime pay, workplace benefits such as bonuses or pension contributions and also consideration is given in situations where future employment prospects have been impacted
- Private medical expenses, including any consultations, treatments, as well as any ongoing prescription costs
- Travel costs, including public transport expenses or fuel costs for travelling to medical appointments
- Professional care expenses, or gratuitous payments if a family member has taken time off work to provide care
However, in order to claim special damages, you must hold evidence which demonstrates the financial losses that you are claiming for. This might include:
- Payslips
- Receipts
- Bank statements
- Invoices
For further information about special damages in a weight loss drug compensation claim, please get in touch with our advisors today.
4.8 (466 reviews) The Process To Claiming For Weight Loss Drug Negligence
When making a weight loss drug compensation claim, you could be wondering how to get started. Below, we’ve provided a streamlined list of things you can do to prove medical negligence, prioritise your health, whilst also creating a strong legal position for claiming:
Seek Medical Attention
The most important thing is to seek urgent medical help. You could have suffered internal harm after weight loss drug negligence, so visiting a GP, clinic, or A&E can be helpful because a medical professional can fully assess your health condition. Moreover, this record of medical treatment could be used as evidence in your claim to show the extent of harm.
Gather Evidence
Once you’ve received essential medical assistance, you can begin gathering documents which can prove how a medical professional acted negligently. This could include copies of your prescriptions, a copy of your medical records, any correspondence between yourself and the clinic that you received weight loss drugs from and a personal diary of your daily symptoms.
Report The Negligent Treatment
Make sure to file an official report of the negligent weight loss treatment, as this can be used again as vital evidence in your claim. You could submit a report to the General Pharmaceutical Council, or speak to the Patient Advice and Liaison Service (PALS).
Keep a Record of Daily Symptoms
Creating a simple record of your daily pain levels, any medical treatments or appointments, and medication can help show the impact and extent of harm caused by negligent treatment.
Seek Legal Advice
Getting in touch with a medical negligence solicitor can be invaluable. They can assess your case, estimate your compensation payout and typically work on a No Win No Fee basis.
Weight Loss Drug Compensation Claim Time Limit
You will generally have 3 years to bring a weight loss drug compensation claim in line with the Limitation Act 1980.
This 3 -year time limit runs from either:
- The date of the negligent treatment
- The date on which you realised you suffered harm as a result of substandard medical treatment. This is the date of knowledge.
For more information on time limits and the exceptions that apply, please get in touch with our advisors today.
How Legal Expert Can Help Weight Loss Drug Claims
At Legal Expert, our solicitors can help with weight loss drug compensation claims by handling all paperwork related to your case and providing a tailored service from the very beginning. With years of experience, our medical negligence solicitors are committed to advocating on your behalf to secure the maximum compensation for your harm.
Additionally, some more services on offer from our solicitors include:
- Assistance with creating a recovery plan that fits your needs, including connecting you with rehabilitation specialists
- Providing regular case updates and a place where you can express any concerns and ask any questions you have
- Ensuring that your settlement is reflective of the harm you’ve suffered
- Simple explanations of legal terms or processes
- Help with arranging an independent medical assessment
- Support with gathering evidence to create a strong body, which can strengthen the basis of your case
These are just a few of the services that our solicitors provide. For more information on how one of our specialist medical negligence solicitors could help with weight loss drug claims, please get in contact with our advisors today.
Weight Loss Drug Claims With Our No Win No Fee Solicitors
Our solicitors here at Legal Expert work on a No Win No Fee basis. They utilise a specific No Win No Fee contract called a Conditional Fee Agreement (CFA) to offer benefits to our claimants.
When claiming with one of our solicitors under a CFA, you wouldn’t have anything to pay towards the work of one of our solicitors when starting your case. Moreover, you wouldn’t be faced with ongoing payments for their services during the progression of your case. Most vitally, under this type of agreement, you’d have nothing at all to pay towards our solicitors’ work if your case were unsuccessful.
Alternatively, if your case was successful, then a small legally capped percentage of your compensation would be deductible. This is our solicitor’s success fee, and is limited in line with the law to make sure that clients receive the bulk of their compensation.
Contact Legal Expert
Contact us here at Legal Expert today to see whether you may be eligible to claim weight loss drug compensation and how one of our expert solicitors could help you:
- Calling us on 0800 073 8804
- Contacting us online
- Speaking to an advisor using our live chat
Frequently Asked Questions
Below, we have answered some of the most frequently asked questions regarding weight loss drugs.
What Are The Common Side Effects Of Weight Loss Drugs?
Some common side effects of weight loss drugs include:
- Nausea
- Diarrhoea
- Bloating
- Stomach pain
- Constipation
Can I Make A Claim If I Got Weight Loss Injections From A Private Or Online Clinic?
Yes, you can still make a weight loss drug compensation claim if you received these injections from a private or online clinic. So long as we can prove that the clinic acted negligently when prescribing your weight loss drug, you could be able to claim.
What If I Developed Serious Side Effects Like Gastroparesis Or Vision Loss?
If you develop serious side effects while on weight loss medication, you need to urgently seek medical assistance. Following this, you can then report this to the Yellow Card Scheme where you can report any side effects to the Medicines and Healthcare Products Regulatory Authority.
What If I Was Not Warned About The Risks Of Weight Loss Injections?
Before taking any medication, you must have informed consent and be properly informed of the risks associated with it. If a medical professional fails to explain any risks, alternatives or benefits of a weight loss drug, and this leads to avoidable harm, you could have the basis to make a medical negligence claim.
Can I Claim If I Was Given The Wrong Dose Or My Dose Was Increased Too Quickly?
Yes, you could claim if you were administered the wrong dose or if it was increased too quickly. All medical professionals owe you a duty of care to check the dose you have been given, and regularly provide check-up appointments to determine whether your dose should be increased or decreased.
More Information
Why not read our other pages about:
- How to claim for leg injuries
- Nerve damage compensation claims and how we can help
- Medication error claims in care homes
Helpful External Resources
- NHS advice on obesity treatments
- Government information on Wegovy for weight loss
- Find out if you’re eligible to seek Statutory Sick Pay
Thank you for reading our weight loss drug compensation claim guide.
