Have you suffered due to an incorrect prescription? You may be eligible to claim prescription error compensation. In this guide about prescription error compensation, we’ll explain how a negligent prescription error could occur and how damages are calculated.
Key Points To Remember In Prescription Error Claims
- You may have an eligible prescription error claim if you have been prescribed the wrong medicine by a doctor or given the wrong medication by a pharmacist.
- To claim compensation for prescription errors, you need to show that the doctor or pharmacist was negligent.
- Compensation can include physical, psychological and financial harm.
- Our expert medical negligence solicitors can help you on a No Win No Fee basis.
To find out about clinical and medical negligence claims in general, reach out to our team by:
- Calling at 0800 073 8801.
- Speaking to us directly through Live Chat.
- Leaving an enquiry through our Contact Us form.
Browse Our Guide Or Jump To A Section
- Who Could Claim Prescription Error Compensation?
- How Could A Prescription Error Occur?
- What Are The Potential Side Effects Of A Prescription Error?
- How Much Prescription Error Compensation Could I Get?
- Is It Expensive To Make A Prescription Error Claim?
- How Can Accident Claims Help Me?
- Learn More About Making A Medical Negligence Claim
Who Could Claim Prescription Error Compensation?
To make a claim for prescription error compensation, you need to demonstrate that:
- The individual or organisation who prescribed you the medication owed a duty of care towards you. This applies to doctors who prescribe incorrect medicines as well as pharmacists who commit an error in acting on the prescription.
- There was a breach of the above duty through an incorrect prescription.
- You’ve suffered an illness or injury due to the wrong prescription.
What Is Medical Negligence?
All medical professionals have a duty of care towards their patients. To meet this duty, they must provide care, advice and treatment that meets the minimum accepted standard. To help decide if this standard has been met, the Good Medical Practice of the General Medical Council (GMC) and the Nurse’s Standard of Care can be considered.
If there is a violation of the above duty, leading to the patient suffering an injury or illness, it’s known as medical negligence. Prescription error is one form of medical negligence, which shall be explained further in the below section.
To make a GP misdiagnosis compensation claim, reach out to our advisory team.
How Could A Prescription Error Occur?
Some of the common prescription errors which doctors could commit are:
- Prescribing the wrong medication.
- Prescribing the incorrect dosage of medication.
- Providing vague or incomplete instructions on taking a medicine.
- Prescribing a medication which the patient has informed that they’re allergic to.
Some common medication errors which could occur at a pharmacy are:
- Due to unclear handwriting, the pharmacist gives the wrong medication.
- There is a mix-up in prescriptions, due to which one patient receives another patient’s medication.
- The patient is given the correct medication but the wrong dosage.
For a free case assessment, you can contact one of our advisors. There is no obligation, so you have nothing to lose.
What Are The Potential Side Effects Of A Prescription Error?
There can be many side effects and drastic consequences from a prescription error, such as:
- An adverse reaction such as an allergy or seizure.
- Side effects like headache, dizziness or nausea
- Liver damage
- Disability
- Worsening of an underlying condition.
The effects of the prescription error will be factored into any potential compensation award.
How Much Prescription Error Compensation Could I Get?
The following damages could form part of your prescription error compensation claim:
- General Damages are the damages you could claim for your pain and suffering caused by the prescription error.
- Special Damages: These are the damages you could claim for the financial losses and other long-term financial impacts of the prescription error.
Your medical negligence solicitor may need you to appear for a medical examination to assess the general damages. Once the medical report is ready, your solicitor would refer to the Judicial College Guidelines (JCG), which provide a range of compensation figures for each kind of illness. We’ve provided some of the figures in the table below. However, you should know that these are just guidelines, and the first row is not from the JCG.
| Injury | Notes | Compensation Guidelines |
|---|---|---|
| Multiple Severe Injuries and Special Damages | This is in case of more than one injury and special damages including loss of earnings and needing full-time nursing care. | Up to £500,000+ |
| Kidney Injuries (a) | There is serious or permanent damage to both the kidneys or the loss of both of them. | £206,730 to £256,780 |
| Kidney Injuries (b) | There is serious risk of urinary tract infection in the foreseeable future or total loss of natural kidney function. Future medical expenses will also be considered. | Up to £78,080 |
| Kidney Injuries (c) | There is a loss of one kidney without any damage to the other. | £37,550 to £54,760 |
| Bowel Injuries (d) | There is severe injury to the abdomen causing restriction on diet and employment and impairment in function. | £54,420 to £85,100 |
| Bowel Injuries | There are penetrating injuries which cause some permanent damage but there is an eventual return to natural function. | £15,370 to £29,870 |
| Injuries to the Digestive System (i) | There is severe toxicosis causing symptoms like vomiting and diarrhoea coupled with acute pain and hospital admission is required for a few days/weeks. | £46,900 to £64,070 |
| Injuries to the Digestive System (ii) | There is serious food poisoning, vomiting and diarrhoea which is short-lived but with remaining discomfort and impact on bowel and sexual function. | £11,640 to £23,430 |
| Injuries to the Digestive System (iii) | An allergic reaction or food poisoning which causes grave discomfort like cramps and fatigue. Hospital admission is required for a few days and while symptoms last for a couple of weeks, the recovery takes a year or two. | £4,820 to £11,640 |
| Injuries to the Digestive System (iv) | There is debilitating pain, diarrhoea and cramps for some days or weeks. | £1,110 to £4,820 |
Can I Claim For Financial Losses Caused By Medical Negligence?
You could claim for financial losses caused due to the following:
- Loss of earnings because you had to take time off work or were unable to return to work. You can also claim this if you are compelled to work at a lower payscale because of your illness or disability.
- Medical expenses including diagnostic tests, new prescriptions and travelling to appointments.
- Any adjustments made to your house or car as a result of the ensuing disability.
- Caring expenses and cost of equipment to support the disability.
Still confused? Speak to a member of our advisory team to understand how medical negligence claims are calculated.
Is It Expensive To Make A Prescription Error Claim?
If you have an eligible claim, you could be offered a No Win No Fee agreement. Our solicitors offer services under a Conditional Fee Agreement (CFA) which is a type of No Win No Fee agreement. This means that your medical negligence solicitor will charge you for their fees only if your claim is successful. This is the success fee, which the solicitor will deduct from your compensation. The law has put a limit on this percentage so that you can enjoy the majority proportion of your compensation. If you lose your claim, you won’t have to pay your solicitor any fees for their work.
Make your No Win No Fee claim with us now by getting in touch with our team.
How Can Accident Claims Help Me?
If you think you have an eligible prescription error compensation claim, it’s recommended that you consult a solicitor to make use of their expertise. Our solicitors are highly experienced in dealing with medical negligence claims. They’ll work hard and try their best to ensure a favourable outcome for you so you can focus on your recovery.
You can contact a member of our team now to see if you are eligible to claim.
Contact Our Team Today
- Calling at 0800 073 8801.
- Speaking to us directly through Live Chat.
- Leaving an enquiry through our Contact Us form.
Learn More About Making A Medical Negligence Claim
Thank you for reading our guide on claiming prescription error compensation. Here are some guides from our site on medical negligence:
- Our guide on medical negligence after thyroid cancer misdiagnosis.
- Information on plastic surgery negligence claims.
- Details on negligent diabetes treatment.
Here are some additional links for further reading:
- Details from the NHS on First Aid.
- Guidance from the CQC to complain about a healthcare service.
- Information from the NHS to make an NHS complaint.
Thank you for reading our guide about prescription error compensation.
