I Was Harmed By Medication Calculation Errors, Could I Claim Compensation?
In this guide, we explore when medication calculation errors could lead to claims. Compensation could be owed to you if your health has been negatively impacted due to a negligent medication miscalculation by a medical professional.
This article goes through what could cause medication calculation errors. An error such as this could lead to a patient developing a health condition, or an existing condition being made worse.
Get in touch if you have any queries. Our advisors are ready and waiting to help. We may be able to connect you with an expert medical negligence solicitor if we think you could have a legitimate claim. Read on for more information.
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Select A Section
- What Medication Calculation Errors Could You Claim For?
- Causes Of Medication Calculation Errors
- Why Do Medication Calculation Errors Happen?
- How To Claim For Drug Calculation Errors And Their Consequences
- Damages Awarded For Harmful Medication Calculation Errors
- Discuss Your No Win No Fee Medication Calculation Errors Claim
The effects of medical negligence can vary on a case-by-case basis. Some patients may be more severely affected than others. However, even less severe injuries or illnesses caused by calculation errors involving medication could make you eligible to receive compensation.
It’s just possible that the amount awarded to you could be worth less than someone who has suffered in a greater way than you.
It also doesn’t matter whether you received private healthcare, or if you were treated at an NHS facility. Healthcare professionals in either setting still owe you the same duty of care. Therefore, you can still claim regardless.
Healthcare professionals should treat their patients with the minimum standard of care and skill. If they provide care that falls below this, they could be seen as negligent. if the breach of duty of care causes the patient to suffer undue physical or mental harm, they could claim.
Clinical Negligence Statistics
The NHS keeps track of how much it spends each year on costs associated with medical negligence claims made against them. They release the figure each year in the NHS Resolution Annual Report. The 2020/21 report shows that they spent £2,209 million on these associated costs.
You can see how this total was broken down in the graph below. However, it’s important to note that not all the claims involved with this figure relate to medication calculation errors. They can be medical negligence claims from all areas of the NHS including hospitals, GP surgeries, dental claims.
This section focuses on possible reasons errors such as this could take place. All of the causes below can lead to injuries of varying severity. Medical negligence can even be fatal. A loved one can still make a claim on behalf of the deceased.
This is when the dose that a patient receives is too high for them. Certain calculations need to be made for certain medications so that the patient is administered an appropriate amount.
Factors such as the patient’s age and weight can affect how this calculation is made, and the dosage they should receive.
This can be a cause if the correct medication is administered but at too low of a dose. Alternatively, it could be the correct dosage, but of the wrong medication.
If a patient doesn’t receive the correct dosage of medication, then their condition could become worse.
There could be certain administrative errors that factor into medication calculation errors. For example, a certain dosage being administered may not have been properly recorded. As a result, the patient could receive double the amount of medication they should.
Miscalculations can happen for a number of reasons. For example, it’s possible that the nurse or doctor who made the calculation was not focused on their work. Alternatively, the hospital management may be aware that they are short on staff and that current healthcare professionals are having to work extended hours.
Tiredness can lead to mistakes, but the negligent behaviour in this instance may lie with the management for not hiring enough staff so that appropriate breaks and time off can be taken.
Drug error claims can be made easier by taking certain steps. We’ve listed some of the more common ones in this section.
Inform Those In Charge
Whether privately-owned or run by the NHS, the medical facility should have a complaints procedure. You should tell them how you have been affected by the medication calculation error.
This way, they can investigate what happened. They may even offer you an early settlement. We advise you to seek legal advice before accepting an offer of any kind. You could be owed more than you realise and can’t claim if you accept a settlement first.
You’ll need to be able to prove that medical negligence caused or worsened your injuries or illness. Acquiring proof such as your medical records is a good example of this. You may also be required to attend an independent medical assessment at a facility other than the one where you were injured. However, this can be arranged so it is local to you.
Seek Legal Advice
If you choose to enlist legal help, your lawyer could assist you and offer guidance throughout the process. This could make the experience a less stressful one.
Get in touch today if this is something you’re interested in.
Legal professionals may use a publication called the Judicial College Guidelines (JCG) when working out an appropriate value to award you for your physical and mental injuries. This figure is called general damages.
We’ve included some example entries from the JCG in the table below to give you a better idea of how injuries can be valued.
Injury Description Amount
Death (D) Unconscious immediately, death within a week £1,290 to £2,620
Brain damage (d) Less severe £14,380 to £40,410
Hearing (b) total deafness £85,170 to £102,890
Kidney (b) significant future risk Up to £60,050
Arm (E) (iii) Amputation below the elbow £90,250 to £102,890
Arm (d) Simple forearm fractures £6,190 to £18,020
Digestive system (b) (ii) Illness with pain, fever, some lasting incontinence £8,950 to £18,020
Bowels (b) Dependence on colostomy due to loss of function Up to £140,870
General psychiatric damage (c) Moderate £5,500 to £17,900
Sight (b) Total blindness In the region of £252,180
You may also be awarded special damages. These are costs that have arisen as a direct result of your injuries. You will need proof to back them up. Examples include:
Speak to us today to find out more or to have your claim valued for free.
All of our solicitors work with their clients on a No Win No Fee basis. This means that if you have a strong, valid claim, an arrangement such as this will be made available to you.
What it means is that you are not required to pay your lawyer their fee if your claim is not successful. You are only obligated to pay them the fee if they help you win your claim and you are awarded compensation. Then, their fee is covered by a small percentage taken from your settlement. You will be aware of this fee ahead of time, and it is capped by law.
Reach out today to see if you could make a No Win No Fee claim, and reduce the personal financial risk that hiring legal help can present.
Learn More About Medication Error Claims
Follow the links below for more information.
Our general guide on how to claim for medical negligence.
What to do in cases of wrong medication in a care home.
Read about wrongful death claims
A legally-appointed litigation friend could claim on your behalf.
NHS guide for coping with grief and bereavement.
Read about the role of the General Medical Council (GMC).
We can help you understand more about medication calculation errors if you get in touch today.
Written by Bibby
Edited by Victorine