This guide will explore the prescription error claims process. Has a medically trained healthcare professional made an error with your prescription? Did you suffer harm as a result of this medication error? If so, this complete guide on how to make a medical negligence claim may help you.
Within this guide, we will explain the duty of care all medical professionals owe you. We will also explore how a prescription error could occur.
Additionally, we will provide potential evidence you may need to build a strong claim.
We also understand that you may want to speak to someone about your potential claim. If so, you can contact one of our friendly advisors. Our team is here to help you 24/7 by offering free legal advice regarding your claim.
To speak with a member of our team today:
- Call us on 0800 408 7827
- Interact with an advisor via our live chat feature below.
- Contact us online.
Choose A Section
- What Are Prescription Error Claims?
- Why Is Duty of Care Important When Claiming For A Prescription Error?
- Prescription Error Claims – Why Do They Happen?
- What Evidence Do I Need To Claim For Pharmacy Negligence?
- How Much Could I Receive From A Successful Medical Negligence Claim?
- What Are The Benefits Of No Win No Fee Solicitors?
- Learn More About The Prescription Error Claims Process
What Are Prescription Error Claims?
A medication error is an error that occurs during the prescribing, preparing, dispensing, administration or monitoring of medication. They can occur when advice is given on medication. It is classified as a Patient Safety Incident (PSI).
Various medical professionals could be responsible for a medication error, such as a doctor, nurse or GP. Additionally, they can happen in various medical settings, such as care homes, a pharmacy or a hospital.
However, in order for prescription error claims to be valid, you must prove that you suffered harm due to a medical practitioner breaching their duty of care to you. In the next section, we will explore in more detail what a medical professional’s duty of care is.
If you are still unsure whether you have a valid claim, you can speak with an advisor today.
Why Is Duty of Care Important When Claiming For A Prescription Error?
As we stated above, to make a medical negligence claim, you need to prove you suffered harm due to a medical professional breaching their duty of care to you.
All medical professionals, whether they work in the public or private sector, must provide all their patients with the correct standard of care. This can include assessing the medication you are currently taking before prescribing you any new medication to ensure that the new medication won’t impact your current medication.
If they breach the duty of care they owed you by providing care that falls below the correct standard and you are caused avoidable harm as a result, this is known as medical negligence. If you can prove that medical negligence caused you harm, you may be able to seek compensation.
Contact our advisors if you still have questions regarding proving a duty of care was breached as part of prescription error claims process.
Prescription Error Claims – Why Do They Happen?
Some examples of prescription errors are:
- A pharmacy provided you with the incorrect medication due to incorrect labelling.
- Your GP prescribes you new medication containing something you are allergic to. They were aware of this allergy, as it is stated on your medical records, but still prescribe it to you anyway.
- Whilst in the hospital, a doctor gives you the incorrect dosage of your medication. This can be either too much or not enough.
However, not all instances of prescription errors will form the basis of a valid claim. You need to prove that a medical professional breached their duty of care and that this is what caused you harm.
Call us today for further guidance on valid prescription error claims.
What Evidence Do I Need To Claim For Pharmacy Negligence?
Evidence is important for helping to prove medical negligence in prescription error claims. Potential evidence that could help support your claim includes:
- Evidence of the prescription error – This could include a copy of the prescription form.
- Correspondents with the medical institution you have made a complaint to.
- Proof of any financial losses caused by the harm you sustained due to medical negligence, e.g. bank statements and payslips.
In addition to gathering evidence, you must ensure you start your claim with the relevant time limit. Generally, these time limits are:
- 3 years from the date of the incident.
- 3 years that the harm you sustained was first linked to being caused by medical negligence.
Call our team today for more information on the time limits for medical negligence claims.
How Much Could I Receive From A Medical Negligence Case?
Within prescription error claims, general damages could compensate for any of the harm caused by medical negligence. When valuing this head of claim, there is consideration given to how your quality of life was impacted and the extent of the pain and suffering you experienced. Medical reports can be used to help determine the severity of the harm you sustained due to medical negligence.
Additionally, legal professionals can use the guideline compensation brackets set out in the Judicial College Guidelines (JCG). We have used the figures listed within the JCG to create the table below. However, you should only use this table as a guide as how much you could receive will depend on your specific claim.
| Type of Harm | Comments | Guideline Compensation Amount |
|---|---|---|
| Kidney | (a) - Total loss or permanent and serious damage to both kidneys. | £169,400 to £210,400 |
| Kidney | (b) - The kidney has lost its natural function, and there is a notable risk for a future urinary tract infection (UTI). | Up to £63,980 |
| Chest Injuries | (a) Cases involving serious heart damage with ongoing pain and suffering of a serious nature. | £100,670 to £150,110 |
| Bladder | (c) - Bladder control is seriously impaired. There will also be some incontinence and pain. | £63,980 to £79,930 |
| Reproductive System: Male | (d) - Applicable to a young person with no children. No aggravating features or impotence following uncomplicated sterility. | £56,080 to £71,350 |
| Reproductive System: Female | (c) - Applicable to a young person with no children. No sexual dysfunction or aggravating features following infertility. | £56,080 to £71,350 |
| Digestive System | (b) Illness or damage caused by a non-traumatic injury (i) Toxicosis that is severe and causes serious pain, vomiting and diarrhoea. | £38,430 to £52,500 |
| Bowels | (d) - A temporary colostomy is required due to a severe abdominal injury that impairs bowel function. | £44,590 to £69,730 |
| Spleen | (a) - The spleen is lost and the person is at risk of internal infections because of a damaged immune system. | £20,800 to £26,290 |
| Spleen | (b) - Risks of internal infection are not present. In other cases, they may be minimal. | £4,350 to £8,640 |
Prescription Error Claims – What Else Could I Claim For?
Additionally, you may also receive special damages within your settlement. Special damages aim to provide you with compensation for any of the past and future financial losses caused by the harm you sustained due to medical negligence.
Financial losses can include having to pay for medical care or travel expenses. You will need to provide sufficient evidence to make a claim for special damages successfully. Evidence could include bank statements or invoices.
Speak with us today if you would like more information on the prescription error claims process.
What Are The Benefits Of No Win No Fee Solicitors?
Our panel of experienced solicitors could potentially represent your claim via a No Win No Fee agreement. There are different types, one in particular is known as a Conditional Fee Agreement (CFA). With this particular arrangement, you will not be expected to pay your solicitor anything upfront to access their services.
Additionally, you will not be obliged to pay for their services if your case fails. However, you will pay them a success fee that is legally capped if your claim is successful.
Contact us today if you have any questions regarding how a No Win No Fee solicitor from our panel could help you through the prescription error claims process.
Contact Us For Free To See If You Can Claim
We understand that you may still have some questions regarding prescription error claims. If so, you can contact one of our advisors today. They can offer you free legal advice and answer any questions you may have regarding your potential claim.
To speak with a member of our team today:
- Call us on 0800 408 7827
- Interact with an advisor via our live chat feature below.
- Contact us online.
Learn More About Prescription Error Claims
For more articles about medical negligence claims:
- Claiming compensation for deaths from medication errors
- Paralysis medical negligence – your rights explained
- Hospital acquired infection compensation claims
Alternatively, additional information is available at:
- NHS – Improving medication error incident reporting and learning
- General Medical Council – The professional duty of candour
- General Pharmaceutical Council – Standards for pharmacy professionals
Call our team of advisors today for more information on prescription error claims.
Guide by NR
Editor NM