This guide will explain how to report medication errors. Moreover, we will discuss when you could claim compensation for harm caused by medical negligence. Medical negligence occurs when a healthcare professional breaches their duty of care toward you.
When visiting a medical professional with an illness or injury, you are entitled to a minimum standard of care. All healthcare professionals should act in a way that prevents their patients from coming to unnecessary harm. This includes GPs and doctors, as well as trained medical professionals who operate in hospitals and care homes.
If you have been harmed due to a medication error caused by a healthcare professional breaching their duty of care, you could be eligible to make a medical negligence claim. Read on to find out how much compensation you could be entitled to.
You can also contact our team of advisors for free advice; they are available 24/7 for your convenience and will not place you under any obligation to further your claim.
You can:
- Call 0800 408 7827
- Contact us by filling out our online form
- Write to us using the live chat feature on this page
Choose A Section
- How To Report Medication Errors – A Guide
- Medication Errors – What Are They?
- Medication Errors – How Do I Report Them?
- Top Tips When Claiming For Medication Errors
- How To Report Medication Errors – What Could I Receive From A Successful Claim?
- No Win No Fee Solicitors – How Can They Help You?
- More Information About How To Report Medication Errors
How To Report Medication Errors – A Guide
This guide will discuss how a medication error can be caused by medical negligence and could result in you suffering harm. We will also look at how to report medication errors.
If you’ve been caused unnecessary harm as the result of a medication error caused by negligence, then you could be entitled to make a claim. This guide will explain the process of claiming as well as look at how settlements are valued.
You can’t claim for a medication error that occurred despite the fact that you were provided with the right level of care. For example, if you had a completely unknown allergy to the medicine you were prescribed and then had an allergic reaction, then this would be unlikely to form the basis of a claim.
Furthermore, you can’t claim for a medication error that did not cause you harm. For instance, if you were mistakenly given a sugar pill instead of a dose of antibiotics to treat a hospital-acquired infection, but this mistake was rectified within a few minutes and did not have an impact on your well-being, you would not be able to claim.
If you have experienced a medication error caused by medical negligence, you may be able to pursue compensation for any resulting injury, illness or worsening of your condition. Contact our team of advisors to discuss how to report a medication error and find out whether you could have a valid claim.
Medication Errors – What Are They?
NHS Resolution explains that medication errors occur when there is an error in prescribing, preparing, dispensing, administering, monitoring or providing advice on medicines. Therefore, there are various stages in the process of receiving medication where an error could occur.
A medication error such as a prescription error could be an example of you receiving the wrong treatment. In some cases, this might delay your treatment as you don’t take the medicine you need to take. In other cases, it could cause you additional harm.
For example, a pharmacist could fail to check the name or details on a bag of tablets before handing it to a patient. They assumed it was the medication on the prescription. However, the patient has a serious allergic reaction to the medication.
Contact our team of advisors if you have been harmed by a medication error caused by negligence. They will be happy to inform you how to report medication errors and the criteria for making a claim.
How To Report Medication Errors – Statistics
NHS Resolution provides figures from April 1st 2015 – March 31st 2020:
- They received 1,212 claims relating to errors in the medication process.
- 487 of these claims were settled with damages paid.
- This cost the NHS £35 million. This excludes any legal costs
Medication Errors – How Do I Report Them?
Firstly, you should contact the medical professional who prescribed the medication to request an appointment to discuss the problem as they may be able to rectify it. However, if the need is more urgent, you should seek medical attention; if necessary, this could be from another institution than the one that made the medication error.
Furthermore, you can also report any medication side effects through the Yellow Card reporting site. This site has been created by the Medicines & Healthcare products Regulatory Agency to ensure that medical products meet the required safety standard.
The Scheme collects and monitors healthcare product information, specifically the problems reported by the public relating to each product. Please be aware that just because you have experienced a side effect of a medication that needs to be reported through this channel doesn’t mean that you necessarily have a valid claim.
If you would like to discuss how to report medication errors, please contact a member of our team. If they feel you have a valid claim, they could provide you with a solicitor from our panel.
Top Tips When Claiming For Medication Errors
If you are wondering how to make a medical negligence claim after a medication error, we will provide you with some guidance.
Following an incident of medical negligence which resulted in harm, it is important to gather evidence. This could include:
- CCTV footage
- Photographic evidence
- Medical reports
- Witness contact details
- Prescriptions
You could also make notes of any ongoing symptoms or treatments to record the harm you suffered, which you can reference when describing your experience.
Also, we recommend seeking legal advice. Contact our team for free, confidential advice regarding your claim. They can discuss with you how to report medication errors.
As time limits apply, we recommend starting the claims process as soon as you can. The Limitation Act 1980 outlines that claims should generally be started within three years of the date you experienced the medication error or three years from the date you connected the harm to medical negligence.
How To Report Medication Errors – What Could I Receive From A Successful Claim?
There are two potential heads of medical negligence claims; general and special damages.
- General damages – account for the physical and psychological pain and suffering caused by the medication error.
- Special damages – account for the financial losses resulting from the harm.
In the table below, we have used the Judicial College Guidelines (JCG), published in April 2022, to provide guideline compensation amounts for different kinds of impact on health.
Legal professionals, such as solicitors, use this document to assist them in valuing medical negligence settlement amounts. This is due to the compensation brackets being calculated from previously awarded amounts.
| Injury | Details | Compensation Amounts |
|---|---|---|
| Kidney Injury (a) | The person will have lost or done serious, permanent damage to both kidneys. | £169,400 to £210,400 |
| Kidney Injury (b) | The person will be at significant risk of a total loss of natural kidney function. | Up to £63,980 |
| Kidney Injury (c) | The person will have lost one kidney but there is no damage to the other. | £30,770 to £44,880 |
| Bowel Injury (b) | The person will have a total loss of natural function, causing them to depend on colostomy. | Up to £150,110 |
| Reproductive System: Male (b) | A young person who suffers the loss of sexual function, total impotence and sterility. | £114,900 to £148,320 |
| Bladder Injury (b) | Total loss of control and function. | Up to £140,660 |
| Bladder Injury (c) | The person will have some pain and incontinence, as well as a serious impairment of control. | £63,980 to £79,930 |
| Reproductive System: Female (c) | A young person without children who suffers infertility with no aggravating features or sexual dysfunction. | £56,080 to £71,350 |
| Spleen Injury (a) | The person loses their spleen, and there is a continuing risk of internal infection and disorders. | £20,800 to £26,290 |
| Moderate Psychological Damage (d) | The person will have had problems coping with life, work and education, but there will be a marked improvement by trial and good prognosis. | £5,860 to £19,070 |
Please bear in mind that these figures are provided as a guide. If you’d like a more accurate claim assessment, speak with our team today.
What Other Compensation Could I Receive From A Claim?
Compensation for special damages reimburses you for monetary losses you suffer because of the harm you were caused. Although, it is important to know that you must keep evidence of any expenses you intend to claim compensation for. Some financial losses you could claim for, and the proof you could keep, include:
- Travel expenses – you could keep the tickets.
- Past and future loss of income – you could provide payslips.
- Care costs – you could show the invoices.
- Housing adaptations- keep any receipts or bills.
Contact one of our advisors today to discuss what compensation you could receive for the specific details of your claim.
No Win No Fee Solicitors – How Can They Help You?
Although it is not a legal requirement to use a solicitor when making a medical negligence claim, it is advantageous. They can guide you through the claims process and provide expert legal advice. Moreover, opting to appoint a No Win No Fee solicitor under a Conditional Fee Agreement (CFA) allows you to benefit from these advantages whilst minimising the financial risk that hiring a lawyer can entail.
A No Win No Fee agreement means you won’t pay upfront fees to your lawyer, nor will you pay them as they work on your claim. On the other hand, in the event of a successful claim, your solicitor will take a small legally capped percentage of the compensation; this is called a ‘success fee’. You do not pay for the work your lawyer has done unless your claim is successful.
Contact our team of advisors for an assessment of your claim. If they find your claim is valid, they could put you in contact with one of the No Win No Fee medical negligence solicitors from our panel.
Contact Us For A Free Consultation Today
If you would like to enquire how to report medication errors or whether you could make a claim, contact our team to receive free and confidential advice.
To get in touch, please do one of the following:
- Call 0800 408 7827
- Contact us by filling out our online form
- Write to us using the live chat feature on this page
More Information About How To Report Medication Errors
Links to more of our pages:
- Maximum Payout For Hospital Negligence Claims
- How To Make A Stroke Misdiagnosis Claim
- Botched Liposuction Surgery Medical Negligence – No Win No Fee Claims
- Types Of Medication Errors In Healthcare And How To Claim
- Medication Errors In Hospital – How To Make A Claim
- How To Claim For Medication Errors In Care Homes
- Claiming For Deaths From Medication Errors
- Medication Errors By The NHS – How To Claim
- The Causes Of Medication Errors And How To Claim
- Medication Errors By Nurses – Can I Make A Claim?
Other links for further reading:
- NHS – Medication errors FOI Request
- NHS – Annual Report and Accounts 2020/21
- General Medical Council – What To Expect From Your Doctor: A Guide For Patients
Thank you for reading this guide on how to report medication errors. Please get in touch with our advisors today for any more enquiries about making a claim.
Writer Jess Oar
Publisher Fern Strickland