In this guide, we will explore when a claim could be made following medication errors in a hospital. All medical professionals have a responsibility to provide the correct standard of care when treating their patients. This duty of care extends to medical professionals in a hospital. If they fail to uphold their duty of care, it is known as negligence. If negligence causes you harm, you may be able to seek compensation. We will explore the process of doing so throughout our guide.
It’s important to note that not all instances of harm sustained after receiving medical treatment will result in claims. A medical professional could provide you care that meets the correct standard but you are still caused harm. In these cases, you may not be eligible to claim. In order to seek compensation, you must prove that medical negligence caused you to suffer harm.
This guide will look at the different types of medication errors and the harm they could cause you.
Furthermore, we will look at the steps you could take following a medication error that caused you harm, including gathering evidence to support your potential claim.
For more information, please get in touch using the following details:
- Website: Contact us through our website
- Live chat: Talk to an advisor via the live chat feature below
- Phone: 0800 408 7827
Choose A Section
- What Are Medication Errors In The Hospital?
- Different Types Of Medication Errors
- Duty of Care – Why Is This Important When Claiming?
- Top Tips When Claiming for Medication Errors In The Hospital
- Medical Negligence Claim – How Much Could I Receive?
- No Win No Fee Solicitors – What Do They Offer?
- More Information About Medication Errors In The Hospital
What Are Medication Errors In The Hospital?
The NHS Resolution describes a medication error as a patient safety incident involving an error when:
- Prescribing
- Preparing
- Dispensing
- Administering
- Monitoring medicines
It also includes errors when providing advice on medicines.
For more information on if you might be eligible to make a claim for medication errors in the hospital, call our team today.
Different Types Of Medication Errors
Medication errors in a hospital could occur in various ways. For example:
- A hospital nurse may administer someone the wrong dosage of medicine to a patient causing them to experience symptoms of an overdose.
- A hospital doctor may have prescribed someone with a medication that wasn’t suitable to be taken with another medicine that they were already on. As a result, the two medications may have interacted with each other, causing negative side effects.
- A prescription error in a hospital pharmacist may have meant you received someone else’s prescription. After taking the medication, you may have suffered from an allergic reaction.
If you experienced a similar incident of doctor negligence, hospital negligence or negligence on the part of another medical professional that caused you harm, please get in touch with our team.
How Often Does Medication Errors In The Hospital Happen?
NHS Resolution received 1,212 claims relating to errors in the medication process. 487 of these claims have been settled and damages paid. The total amount of costs for these claims came to £35 million, this wasn’t including the legal costs.
To find out about how to report medication errors, you can call our team.
Duty of Care – Why Is This Important When Claiming?
All medical professionals owe a duty of care to their patients. This involves them taking reasonable steps to provide the correct level of care. However, there may be instances where they fail to do so. As a result, patients could experience harm as a result of medical negligence.
It’s important that you prove that the duty of care owed to you was breached when making a medical negligence claim. You can do so by gathering evidence. We have explored this further in the section below.
Additionally, before making a medical negligence claim, you would have to make sure that you are within the time limits presented by the Limitation Act 1980. Usually, it is a 3 year limit starting from the date of the incident. Alternatively, it could be from the date that you connected the harm you sustained with negligence.
To find out whether you could make a claim following medication errors in a hospital, call us.
Top Tips When Claiming for Medication Errors In The Hospital
If you have been involved in an incident where medical negligence caused you harm, you could take steps to gather evidence. Evidence could include:
- Keeping a diary of your symptoms, recording any treatments that were provided
- Photos of any injuries
- Obtain copies of your medical records, including reports from the doctor or hospital
- Keep prescriptions
You may also need to attend an independent medical assessment as part of the claims process. This can provide an in-depth report on the full extent of the harm you sustained.
You may also find it useful to seek legal advice. The solicitors from our panel can use their experience of handling medical negligence claims to help you seek compensation.
To find out whether they could help you make a claim for medication errors in a hospital, call our team on the number above.
Medical Negligence Claim – How Much Could I Receive?
The medical negligence compensation settlement you receive after a successful claim could include general damages and special damages. Each seeks to compensate for the way in which the harm you sustained has impacted your quality of life.
General damages compensate for the harm you have sustained due to medical negligence. They take into consideration the extent of your pain and suffering and how badly your quality of life has been affected.
Legal professionals can use guideline compensation brackets from the Judicial College Guidelines (JCG) to help them when valuing the general damages portion of claims. We have used the 16th edition of the JCG to create the table below. Please only use it as a guide.
| Injuries | Guideline compensation brackets | Description of injuries |
|---|---|---|
| Very Severe Brain Injury (a) | £282,010 - £403,990 | The award given will depend on different factors such as physical limitations, impact on senses and life expectancy. |
| Kidney (a) | £169,400- £210,400 | Cases involving loss of both kidneys or serious and permanent damage to both kidneys. |
| Kidney (b) | Up to £63,980 | Cases involving significant risk of urinary tract infections in the future. |
| Kidney (c) | £30,770 - £44,880 | Only one kidney is lost and there is no damage to the other. |
| Bladder (b) | Up to £140,660 | The total loss of all function and control. |
| Deafness/ Tinnitus (b) | £90,750 - 109,650 | Complete deafness. |
| Deafness/Tinnitus (c) | £31,310 - £45,540 | One ear has completely lost hearing. |
| Impairment of Taste And Smell (c) | £24,990 - £32,900 | Where someone has lost their sense of smell. |
| Reproductive System: Female (g) | In the region of £10,200 | Sterilisation has failed and led to an unwanted pregnancy. The psychological impact isn't serious. |
| Spleen (a) | £20,800 - £26,290 | Where the spleen is lost and there is an ongoing risk of internal infection due to a damaged immune system. |
What Else Could I Claim After Suffering From A Medication Error?
Special damages compensates for any financial loss that occurs as a result of the harm you sustained due to medical negligence. This can include:
- Loss of earnings
- Childcare costs
- Medication expenses
- Travel expenses
- Modifications to the home
- Mobility aids
For more information on claiming compensation for harm sustained after medication errors in a hospital, call our team.
No Win No Fee Solicitors – What Do They Offer?
Our panel of medical negligence solicitors can provide you with a No Win No Fee service called a Conditional Fee Agreement (CFA). This is a way to fund legal representation.
Under a CFA, you won’t pay for the cost of a solicitor’s services if your claim fails. If your claim is a success, you would need to pay a success fee from your compensation. This is capped by law.
For more information on whether a solicitor from our panel could represent your claim on this basis, call our team.
Contact Us For a Free Consultation To See If You Can Claim Today
We hope this guide has been informative about what you can do and expect after medication errors in a hospital. However, if you have any other questions, please talk to one of our advisors today.
You can get in touch using the details below:
- Website: Contact us through our website
- Live chat: Talk to an advisor via the live chat feature below
- Phone: 0800 408 7827
More Information About Medication Errors In The Hospital
Below, we have provided some additional resources that you may find beneficial.
- How to make a stroke misdiagnosis claim
- Paralysis medical negligence – Your rights explained
- Care home medical negligence claims
- Types Of Medication Errors In Healthcare And How To 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?
- GOV- Statutory Sick Pay
- GOV- NHS Constitution For England
- GMC- What To Expect From Your Doctor
If you need any more information on claiming after medication errors in a hospital, speak to one of our advisors today.
Writer Lizzie Walsh
Editor Meg Mill