I Was Prescribed The Wrong Medication By A Healthcare Professional, Can I Claim?
In this guide, we consider how you could claim for injuries caused by being negligently prescribed the wrong medication. Claims such as these can fall under the description of medical negligence. Or, as it’s sometimes known, clinical negligence.
A guide that could help if you were prescribed the wrong medication
This is when a medical professional such as a GP, doctor, nurse, dentist, or surgeon delivers an inadequate level of care to a patient. It can lead to your suffering.
However, a patient’s health being impacted as the result of a doctor’s action or inaction does not necessarily constitute medical negligence. The healthcare professional needs to have given a substandard level of care.
Additionally, being prescribed the wrong medication through negligence is not enough to make a claim on its own merit. Your health needs to have also been affected as a result.
The area can be a daunting one to understand. But we are here to help. Our advisors can answer your questions. Just get in touch with us today. There is no obligation to make a claim after reaching out, and all initial advice is free of charge. Read on for more.
- Call us on 0800 073 8804
- Send us a message about your claim online
- Use the live chat feature in the corner
Select A Section
- Can You Always Claim If Prescribed The Wrong Medication?
- How Could You Be Prescribed The Wrong Medication?
- Potential Consequences Of Being Prescribed The Wrong Medication
- What Evidence Do I Need To Make My Claim?
- What Could I Claim If I Was Prescribed The Wrong Medication?
- Discuss Your Medication Negligence Claim With A No Win No Fee Solicitor
Can You Always Claim If Prescribed The Wrong Medication?
As mentioned above, you may not always have a legitimate claim. This is true even if you were prescribed the wrong medication. You need to be able to prove that a medical professional failed to uphold their duty of care to you.
As part of the medical negligence claims process, a group of medical professionals of a similar field to the professional you dealt with would assess whether the care the professional gave was below standard. This is known as the Bolam test.
Do I Need To Have Been Harmed By The Prescription Error?
In addition to other criteria, you also need to have been injured or become ill as a direct result of being negligently prescribed the wrong medication. Your physical health or even your mental health could have been affected by the incident.
Therefore, you could be compensated for both categories of injuries. In other words, you could claim for psychological damage caused as well as physical.
How Could You Be Prescribed The Wrong Medication?
There are a few instances where a prescription error could take place. This section lists some examples.
- The medication itself may be correct, but the dosage could be too high or too low.
- You may be told to take the medication at the wrong time, or use an incorrect method
- It’s possible you may have been prescribed medication that your medical records show you’re allergic to.
- The wrong medication may be prescribed altogether. For instance, you may be prescribed an antidepressant medication, but receive a pain relief medicine instead. Such an error may happen due to a misdiagnosis or a patient mix-up.
- Your new prescription medication may not react well with the medication you are already taking but the prescriber failed to check this.
Get in touch if you have any questions.
Potential Consequences Of Being Prescribed The Wrong Medication
There can be various outcomes of an error such as this. The severity of the injuries sustained can range from minor to quite extreme in some instances.
Some more minor scenarios could lead to:
- Nausea
- Discomfort
- Vomiting
- Mild pain/discomfort
Unfortunately, there can be more serious consequences:
- Organ damage
- Senses such as sight/hearing affected
- Bleeding
- Seizures
- Psychiatric damage
- Death
A loved one could still make a claim on the behalf of a deceased loved one. Read our guide on claiming for fatal accidents to find out more.
What Evidence Do I Need To Make My Claim?
If you have no evidence of how your injury or illness was caused, it becomes less likely that you could make a successful claim for compensation. Therefore, gathering evidence is a vital part of the process.
There are a few different forms of evidence that you could present during the process of your claim. They include:
- Your medical records. These contain important information such as your treatment history, allergies, and any prescription medication.
- Witness statements. For example, if you had a friend or loved one with you when you were given negligent advice. Their written account could be used to corroborate your story.
- Photographs. If the prescription error has caused physical injuries, it’s a good idea to have a visual record of them.
You will also be required to undergo an independent medical assessment to evaluate the extent of your injuries. This can be arranged so it is local to you, keeping travel to a minimum.
For more examples of how to prove medical negligence, get in touch with our advisors today.
What Could I Claim If I Was Prescribed The Wrong Medication?
When discussing the average settlement for a medication error, it’s important to remember that every claim is different. Due to this, the value of each claim will also vary.
The amount that is awarded to you for your physical pain and mental suffering is known as general damages. The figure is calculated by professionals in the legal field with the assistance of a publication called the Judicial College Guidelines (JCG).
In the JCG, there is a detailed list of possible injuries and compensation brackets. Some injuries could be caused by prescription negligence and other negligent behaviour. The figures alongside each entry relates to how much has been awarded in past cases involving similar injuries.
We’ve included some example entries from the JCG in the compensation table below.
| Injury | Description | Amount |
|---|---|---|
| Epilepsy | (a) Established Grand Mal | £95,710 to £140,870 |
| Epilepsy | (b) Established Petit Mal | £51,460 to £123,340 |
| Psychiatric damage | (a) Severe – poor prognosis | £51,460 to £108,620 |
| Psychiatric damage | (d) Less severe | £1,440 to £5,500 |
| Sight | (e) Sight lost in one eye | £46,240 to £51,460 |
| Hearing | (b) Total deafness | £85,170 to £102,890 |
| Female reproductive system | (a) Infertility with severe depression | £107,810 to £158,970 |
| Kidney | (b) Significant risk or future infection of the urinary tract | Up to £60,050 |
| Bladder | (c) Serious impairment, pain, incontinence | £60,050 to £75,010 |
| Shoulder | (e) Clavicle fracture | £4,830 to £11,490 |
Sometimes, you may also experience certain financial losses that can be attributed to your injuries. For example, you may suffer a loss of earnings due to being unable to attend work. Additionally, you may require additional care at home following the incident.
These are known as special damages, and they could be included in your settlement if you can back up these losses with evidence such as payslips or receipts.
Get in touch today to find out what else could be included in a special damages settlement.
Discuss Your Medication Negligence Claim With A No Win No Fee Solicitor
We understand that some people may be concerned about the possible financial impact of hiring a legal professional to assist you with your claim. Because of this, all of the expert medical negligence solicitors on our panel work on a No Win No Fee basis.
If you’re unsure as to what this means, then let us explain.
When operating under a No Win No Fee agreement, you are only ever required to pay your solicitor’s fee if they help you make a successful claim. Then, their fee is taken from your settlement in the form of a small percentage. The percentage is kept small by law so that the majority of your compensation is protected.
If, however, your solicitor is not successful in helping you get the compensation you are seeking, then you are not required to pay them anything, Their fee is then no longer your responsibility. They will not present you with any hidden or upfront solicitor fees either.
No Win No Fee arrangements exist so that all those who choose to enlist legal help can afford to do so. Reach out today to see if you could make a claim in this way.
- Call us on 0800 073 8804
- Send us a message about your claim online
- Use the live chat feature in the corner
Additional Information
Follow the links below to the supplemental material you may find helpful.
Our guide on negligent care home deaths.
What to do in medical negligence claims where there is a lack of consent.
Find out if you could claim for being discharged too soon.
Read about the NHS claim time limits.
Help with grief and bereavement; an NHS guide.
Read about how a litigation friend could claim on your behalf.
An NHS overview on depression.
Should you have any questions about what you could do if you were prescribed the wrong medication, get in touch.
Written by Bibby
Edited by Victorine
