By Jo Anderson. Last Updated 15th January 2024. In this guide, we advise on claiming settlements for the wrong prescription in the UK. In the sections below, we will explain who could make a wrong medication claim and the process behind it.
If you were given the wrong prescription of medication due to medical negligence by a healthcare provider, then you may have grounds to claim compensation. Read on to learn more about the different types of medication errors that could occur, the criteria for starting a medication error claim and potential compensation payouts.
Wrong medication negligence
You are welcome to contact our team of advisors to ask questions about medical negligence claims. If you are considering starting a claim, then we can offer a free legal consultation. If we determine you have a strong case, then we could potentially connect you with one of our No Win No Fee solicitors. You can contact our advisors by either calling 0800 073 8801 or by reaching us online through our call back form or our 24/7 live chat service.
Select A Section
- Am I Eligible To Claim For A Medication Error?
- Causes Of The Wrong Medication Being Dispensed
- Settlements For A Wrong Prescription – What Are The Claim Time Limits?
- What Evidence Can Support A Wrong Medication Claim?
- How Much Compensation For Wrong Medication Claims Could I Receive?
- No Win No Fee Claims For Wrong Medication Negligence
- Helpful Resources
Am I Eligible To Claim For A Medication Error?
Before we explore settlements for a wrong prescription in the UK, we should first explain that not every medication error will lead to a claim. To have grounds for a valid claim, you would need to prove that:
- You were owed a duty of care
- This duty of care was breached
- As a result, you suffered avoidable harm
All medical professionals owe their patients a duty of care. This means that they must provide care that meets a minimum standard. If the treatment you receive fails to meet this minimum standard, and you suffer avoidable harm, then you may be able to make a medication error claim.
If you would like to check your eligibility to claim compensation, please contact an advisor.
Causes Of The Wrong Medication Being Dispensed
Before we explore settlements for a wrong prescription in the UK, let us take a look at some examples of how you could be given the incorrect medication. Some examples could include:
- Incorrect dosage – A doctor could prescribe you the incorrect dosage of your medication. If they prescribe you too much, this could lead to an overdose which could be fatal. If they prescribe you too little, this could lead to your condition not being treated efficiently and could worsen.
- Wrong person – A pharmacy could provide you with someone else’s medication if they fail to confirm whether you are the correct patient before handing you the medication. Taking the incorrect medication could lead to a variety of consequences.
- Wrong medication type – You may be provided with the incorrect medication from a pharmacy due to mislabelling or errors during dispensing. Taking the wrong medication type could lead to your original consequence worsening. It could also lead to other issues, such as an allergic reaction if the incorrect medication you were provided with contained something you are allergic to.
If you are wondering whether you could be eligible to make a prescription error compensation claim for dispensing or prescribing errors, please contact an advisor.
Settlements For A Wrong Prescription – What Are The Claim Time Limits?
You must be aware of the limitation period in place when making a medical negligence claim for the wrong medication. Under the Limitation Act 1980, you will typically have three years from the date the medical negligence occurred or the date you became aware of it, sometimes referred to as the date of knowledge.
However, there are some exceptions to this three-year time limit. For example, the time limit is paused for those under the age of 18. From their 18th birthday, they will have until their 21st birthday to begin legal proceedings. However, before their 18th birthday arrives, a litigation friend could make a claim on their behalf.
The time limit is suspended indefinitely for those who lack the mental capacity to make their own claim. During this time, a litigation friend could act on their behalf. If a claim has not been made on their behalf, and the injured party were to regain the required mental capacity, they will have three years to start a claim from the date of recovery.
To learn more about making a medical negligence claim for the wrong prescription and the compensation you could be awarded, you can contact our advisors. They are available 24 hours a day to offer you free advice and answer your questions. They could also provide you with examples of settlements for wrong prescription claims.
What Evidence Can Support A Wrong Medication Claim?
As stated above, medical professionals owe their patients a duty of care. If you suffer unnecessary harm because a medical professional breached this, you might be eligible for compensation for being given the wrong medication. However, you will need to submit evidence that proves this.
Examples of evidence that could help prove a medical negligence claim includes:
- Medical records. These could show that the doctor wrote the wrong prescription to treat your illness. In addition to your medical records, you might be asked to attend an independent medical assessment. This can help establish what impact the harm you suffered will have on your life.
- Symptom diary. You could document what effects the symptoms are having on your day-to-day life.
- Copies of the prescription. This can prove that you were given the wrong medication.
- Samples of the medication. If you were given the wrong medication, you might have samples of this that can be submitted.
- Correspondence between yourself and the hospital, doctor’s surgery or pharmacy. For example, if you made a written complaint, you could submit this as well as any response you were given.
Call our advisors to discuss potential evidence that could be submitted to support your claim. The advice they give is free.
How Much Compensation For Wrong Medication Claims Could I Receive?
When calculating compensation for a successful medical negligence claim, solicitors could consider general damages and special damages.
General damages are designed to compensate you for the avoidable pain and suffering caused by the negligence you’ve experienced. When calculating general damages payouts, solicitors could refer to the Judicial College Guidelines (JCG). This publication provides guidance on compensation amounts for different injuries at various levels of severity.
The table below contains figures from the 16th edition of the JCG, published in 2022. However, it should only be used as guidance.
| Injury | Comments | Settlement (with 10% uplift) |
|---|---|---|
| Multiple serious illness or injuries plus financial losses. | Compensation for multiple illness and injuries plus special damages such as care costs. | Up to £1,000,000+ |
| Brain Damage – Moderate (i) | A personality change with a moderate to severe intellectual deficit and risk of epilepsy. | £150,110 to £219,070 |
| Kidney damage (a) | Either the loss of both kidneys, or severe and permanent damage to them. | £169,400 to £210,400 |
| Kidney damage (b) | There may be a significant risk of the total loss of kidney function or infections in the future. You may face significant future medical expenses. | Up to £63,980 |
| Kidney damage (c) | Compensation for the loss of one kidney, where the other kidney is unharmed. | £30,770 to £44,880 |
| Bowels (b) | Complete loss of the natural function of the bowels with the claimant depending on a colostomy. | Up to £150,110 |
| Bladder (c) | Serious control impairment with some incontinence and pain. | £63,980 to £79,930 |
| Digestive System (b) (i) | This could include severe toxicosis which causes a range of symptoms, such as; fever, vomiting, pain and diarrhoea. May cause a significant impact on your life. | £38,430 to £52,500 |
Special damages, on the other hand, compensate you for costs and losses incurred due to the avoidable harm you suffered. This head of claim could include:
- Travel costs
- Care costs
- Loss of income
- Medical costs
You would need to provide evidence that these costs and losses were a direct result of your injuries.
If you’re wondering how much compensation for a wrong medication illness or injury could be appropriate for your own claim, please contact an advisor. They could provide you with a personalised estimate and advise you on your legal options.
No Win No Fee Claims For Wrong Medication Negligence
If you are eligible to make a medical negligence claim, one of our solicitors experienced in medication error claims could assist you on a No Win No Fee basis under a Conditional Fee Agreement (CFA). With this agreement in place, you would not typically have to pay them upfront or throughout the course of your claim for their legal services.
If you are successfully awarded compensation, your solicitor will deduct a success fee from this. This is a legally limited percentage of your compensation. If your claim were to fail, you would not be expected to pay them for their work on your case.
To learn whether one of our solicitors could help you on a No Win No Fee basis, please contact an advisor. They can also help answer questions such as, ‘How much compensation for wrong medication could I receive?’.
You can reach out by:
- Calling an advisor on 0800 073 8801
- Contacting us online.
- Live chatting with an expert.
Helpful Resources
Below, you can find more resources on wrong medication claims:
Hospital Negligence Compensation Claim Experts – Information on how to claim compensation for harm caused by negligence at a hospital.
Can I Claim For Doctor/GP Negligence Compensation? – Information for those who have been harmed by negligent GP or doctor care.
Pharmacy Negligence Or Prescription Error Claims Guide – Information on how to claim compensation if harmed by a pharmacist or prescription error.
We hope that we have answered the question, “How much could my wrong medication negligence claim be worth?”. Now, to learn more about claiming, please call our team of specialists today.
