Can You Claim If You Were In Hospital Due To The Wrong Medication?

This is a guide on when you could be eligible to start a medical negligence claim if you were in hospital due to the wrong medication being prescribed or administered. We will examine the duty of care medical professionals owe to those receiving treatment from them and how breaches of this duty can result in avoidable harm. We have also provided an explanation of the eligibility criteria for starting a medical negligence claim. 

In Hospital Due To Wrong Medication

Can You Claim If You Were In Hospital Due To The Wrong Medication?

Additionally, in this guide, you will find an explanation of how medication errors can occur and the types of avoidable harm that can be sustained from them. We have also included the possible compensation that could be awarded following a successful medical negligence claim.

To conclude, there is a brief overview of the advantages to you as a claimant of starting your medical negligence claim with one of our solicitors under a specific type of No Win No Fee agreement.

To get a free assessment of your potential claim, or to ask any questions you may have, feel free to contact our advisors. You can speak to a team member using the following:

Select A Section

  1. Can You Claim If You Were In Hospital Due To The Wrong Medication?
  2. How Could Being Given The Wrong Medication Impact You?
  3. Proving Liability In Medical Negligence Claims
  4. Estimating Wrong Medication Claim Payouts
  5. No Win No Fee Medication Error Claims
  6. Find Out More About Claiming For Being In Hospital Due To The Wrong Medication

Can You Claim If You Were In Hospital Due To The Wrong Medication?

Medical professionals owe a duty of care to their patients when administering treatment. This means they must provide their patients with the correct standard of care during their treatment, and a failure to meet that standard could be seen as a breach of their duty. This duty applies to both public and private medical professionals.

Medical negligence, or clinical negligence as it is sometimes referred to, is where a medical professional fails to provide a patient with the correct standard of care to a patient causing them to sustain avoidable harm.

If a patient ends up in hospital due to the wrong medication being administered, this could constitute a breach of the medical professional’s duty of care. However, in order to make a medical negligence claim, you need to meet the following criteria:

  1. A medical professional owed you a duty of care.
  2. There was a breach of this duty.
  3. You suffered avoidable harm as a result of this breach.

Is There A Time Limit For Making A Claim If You Were In Hospital Due To The Wrong Medication?

A medical negligence claim must be started within the relevant time limit, as set out in the Limitation Act 1980. In most cases, this is 3 years from the date the medical negligence took place or the date of knowledge where you first realised it had occurred. In some circumstances, exceptions to this limit can apply, and an extension may be granted.

To learn more about the time limits for medical negligence claims and if any exceptions apply to your particular circumstances, you can speak to our team using the contact information at the top of this guide.

How Could Being Given The Wrong Medication Impact You?

In some cases, medication errors can have serious consequences. For example, if you had a penicillin allergy listed in your medical records and were given penicillin antibiotics, you could suffer a serious allergic reaction. Being given the wrong dosage or the wrong medication entirely can also cause adverse reactions. We have provided some examples in the section below.

  • A GP fails to adequately check your medical records and prescribes a medication you are severely allergic to. You go into anaphylactic shock and are rushed to hospital for emergency treatment.
  • Your file is mixed up with another patient’s, leading to you being given their medication instead of yours. This leads to an adverse interaction between the medication you were taking and the other patient’s. 
  • A labelling error at a pharmacy results in you being given the wrong prescription. You suffer a near-fatal overdose because of this error.

Please note, not all medication errors will form the basis of a valid claim. To seek compensation for medical negligence, you must be able to prove that a medical professional provided substandard care, causing you avoidable harm as a result.

Call our advisors to discuss your specific case and find out whether you’re eligible to make a medication error claim.

Proving Liability In Medical Negligence Claims

Evidence is important for showing not only the extent of the unnecessary harm you suffered but how it resulted from a medical professional breaching their duty of care to you. If you were in hospital due to the wrong medication, there are various types of evidence you could gather. We have provided a list of some possible examples here:

  • A diary outlining the symptoms you experienced due to medical negligence. 
  • The contact information of anyone present for your treatment; they could give their statement further on in the claims process.
  • Medical records that show what medication you should have been given or that give details of your allergy to a certain medication. Your records of the treatment you received in the hospital due to the wrong medication are also useful evidence. 

Will The Bolam Test Be Used If I Was In Hospital Due To The Wrong Medication?

The Bolam Test can be used in medical negligence cases. This is where a panel of relevantly trained medical practitioners assess the level of care administered to you and decide whether it was of the appropriate standard. You will not need to organise this yourself, and its usage is decided on a case-by-case basis. But, if the test is used and the findings support your case, this can be useful evidence in making your claim. 

For more advice on what evidence you could gather to support your claim, you should speak to one of our advisors. After assessing your potential claim and deciding it is valid, you could be put in touch with one of our solicitors who could assist you with building a body of evidence for your claim.

Estimating Wrong Medication Claim Payouts

Following a successful medical negligence claim, you will be awarded a compensation payout. This can be made up of up to two different heads of claim. General damages, the first of these, awards for the pain and suffering experienced because of the negligence of a medical professional.

Legal professionals, such as medical negligence solicitors, can use a document called the Judicial College Guidelines to assist them in valuing this head of claim. They can also use your medical records alongside this publication.

We have taken the figures in this table from the JCG as it contains guideline award brackets for an array of different types of harm. We cannot provide exact figures on the payout you will receive as medical negligence cases are assessed individually. Therefore, we have provided the below table to offer guidance only. For an assessment of your specific case, you can speak with one of our advisors. 

Compensation Table

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Harm Type Description Amount
Skin Conditions Dermatitis of both hands with cracking and soreness. Employment is affected and there is some psychological consequence lasting for some years, if not permanently. £13,740 to £19,200
Reproductive System: Male Total impotence and loss of sexual function and sterility in a young person. £114,900 to £148,320
Digestive System – Illness or Damage From a Non-traumatic Injury (i) Severe toxicosis causing acute pain, vomiting and fever that requires hospital admission for some days or weeks. £38,430 to £52,500
Kidney Loss of, or serious permanent damage to both kidneys. £169,400 to £210,400
Kidney Loss of one kidney, no damage to other. £30,770 to £44,880
Brain Damage – Moderately Severe Resulting in very serious disabilities such as limb paralysis or impairment of intellect and personality. £219,070 to £282,010
Brain Damage – Moderate (i) Moderate brain damage where there is a moderate to severe intellectual deficit, personality change and effect on the senses with a significant epilepsy risk and zero employment prospect. £150,110 to £219,070

Special Damages 

The second of the two heads of claim that could make up your compensation settlement is called special damages. This head of claim compensates for any financial losses you may have experienced because of the medical negligence. We have provided a list of some possible costs you could claim below:

  • Any out-of-pocket medical expenses, such as prescriptions.
  • Travel expenses, for example, if you are unable to drive to and from work during your recovery.
  • A loss of earnings due to time taken off work.

Retain copies of any documents, including invoices, travel tickets, pay slips, and other statements, that demonstrate you incurred monetary losses due to the harm caused by medical negligence. 

Speak to a member of our team for a personalised valuation of your claim. They can do this for free so call the number above for more information.

No Win No Fee Medication Error Claims

Our team can provide a free assessment of your circumstances and discuss the validity of your potential claim if you ended up in hospital due to the wrong medication being given. You could be connected with one of the solicitors from our panel if an advisor finds you have valid grounds to proceed with your case.

You could then be offered a Conditional Fee Agreement (CFA) by a solicitor. A CFA is a type of No Win No Fee contract that presents some distinct benefits to claimants. First of all, there are neither upfront nor ongoing fees for the solicitor’s services. You will likewise not be met with a fee if your claim is unsuccessful.

Successful claims are awarded with a compensation payout. The solicitor will take a percentage of this, partially as their payment for the work they have done on your claim. This is called a success fee. By law, the percentage that can be charged as a success fee is subject to a cap. This means that you will keep most of your compensation amount.

To get a cost-free assessment of your potential claim or to ask any questions you may have, feel free to contact our advisors. To speak to a team member, you can:

Find Out More About Claiming For Being In Hospital Due To The Wrong Medication

See some of our other medical negligence guides:

Other resources:

Thank you for reading this guide on when you could claim compensation for being in hospital due to the wrong medication. Our team of advisors can provide further guidance, and offer a free assessment of your potential claim. To speak to an advisor, use the contact information above.

Guide by HC

Edited by MMI