How Much Can I Claim In Hospital Medication Error Compensation

It is estimated by the British Medical Journal (BMJ) that around 237 million medication errors do occur in the medication process in England each year. However, that said 72% of these errors cause little or potentially no harm at all. This guide is going to discuss who could be eligible to make hospital medication error claims.

Hospital medication errors can happen in various ways, including when a healthcare professional fails to perform adequate checks and gives you the wrong medication.

We understand that making a medical negligence claim may seem complex, which is why we have put together this comprehensive guide.  We begin this guide by looking at the eligibility criteria for medication error claims and how compensation is calculated in these types of cases. Swiftly, we move on to examples of medication errors, the impact these can have on patients and lastly, the process by which a claim proceeds.

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  1. Who Can Make Hospital Medication Error Claims?
  2. What Amount Of Incorrect Medication Compensation Could Be Awarded?
  3. Examples Of Medication Errors In Hospitals
  4. How To Make Hospital Medication Error Claims
  5. Get Help From Accident Claims
  6. Learn More

Who Can Make Hospital Medication Error Claims?

Medical professionals, including doctors, nurses and pharmacists, owe you, as their patient, a duty of care. This means they must always provide a service and treatment that falls in line with professional standards.  It is fair to say that not all medication errors will be the fault of the medical professional. It is only when said professional fails in their duty of care.

In order for you to be eligible to start hospital medication error claims, we must be able to prove negligence. This forms the basis of your hospital medication error claim.  We can do this by demonstrating three things:

  1. A healthcare professional owed you a duty of care
  2. They breached this duty
  3. The breach led to your injuries

If you have any questions about your potential claim, call us today, and one of our advisors will be happy to advise you.

Claiming On Behalf Of Someone Else

In specific cases, you could claim on behalf of someone else. This is a role known as a litigation friend, which is used when a claimant cannot claim for themselves. This applies in two situations:

  • The claimant is under 18. A minor cannot legally pursue a claim on their own
  • The claimant lacks the capacity to claim on their own behalf

Unfortunately, some medication errors can result in death. If a loved one has died due to a medication error, you may be wondering if you can pursue a medical negligence claim. A claim is possible if medical negligence can be proven.

In fatal claims, under the Law Reform (Miscellaneous Provisions) Act 1934, the deceased’s estate can claim for pain, suffering and financial losses before the death.

If the estate has not made a claim for how the death of a loved one has impacted any dependents, then under the Fatal Accidents Act 1976, they can make a claim themselves.

To find out more about claiming on behalf of children, vulnerable adults, or deceased persons, call us today.

A doctor is giving an elderly patient water and medication

What Amount Of Incorrect Medication Compensation Could Be Awarded?

The amount of compensation you could receive in a successful claim depends on a number of factors. These could be things like:

  • The type of injury you suffered
  • How severe the harm is
  • Your expected recovery period

When professionals are determining your compensation, they can refer to frameworks such as the Judicial College Guidelines (JCG). These guidelines offer categories of injury types, severity and the corresponding compensation.

The table below shows figures taken from the JCG, which are suggestive amounts. Please note that the first figure has not been taken from the JCG.

Injury Notes Compensation
Multiple Serious Harm + Special Damages Multiple severe injuries and financial losses such as loss of earnings Up to £1,000,000+
Very Severe Brain Damage There will be little, if any, evidence of meaningful response to environment, little or no language function, double incontinence£344,150 to £493,000
Moderately Severe Brain Damage The level awarded will be impacted by things like the ability to communicate, any behavioural problems and life expectancy£267,340 to £344,150
Moderate (i) Brain Damage Cases in this bracket will show severe intellectual deficit, and a sensory impact£183,190 to £267,340
Severe (a) Kidney Damage Permanent damage to or loss of both kidneys £206,730 to £256,780
Severe (b) Kidney Damage Loss of kidney function, or increased risk of permanent urinary tract infectionUp to £78,080
Severe (a) Bowel Damage Cases of double incontinence, and total loss of urinary control or functionUp to £224,790
Severe (b) Bowel Damage Complete loss of natural bowel function, requirement for colostomy Up to £183,190
Severe (i) Digestive Damage Severe toxicosis of the digestive system which may cause irritable bowel syndrome, haemorrhoids and ongoing incontinence £46,900 to £64,070

Can Claims Be Made For Special Damages?

Claims can be made for special damages. You might be asking what these are or how they could help you.

Special damages are a head of compensation which aims to reimburse you for the financial losses you have incurred as a result of your injuries. This can include things like:

  • Accommodation costs
  • Care costs
  • Prescription costs
  • Travel costs
  • Loss of earnings

However, for you to successfully claim special damages, you must hold evidence which demonstrates how your injuries led to financial loss. This could be evidence like:

  • Travel receipts
  • Medical receipts
  • Payslips to demonstrate loss of earnings

Your special damages can account for a large percentage of your total compensation award, and our solicitors can help you compile the evidence needed for you to claim special damages.

Contact us today if you have any questions about what evidence is useful for your claim.

Lots of medication packets are lay on top of a table

Examples Of Medication Errors In Hospitals

Incorrect Medication

Medical professionals, by upholding their duty of care, shouldn’t administer the wrong medication. Unfortunately, this does happen, and it can have lifelong impacts.

Being given the incorrect medication can cause an array of problems; it may mean that the real medical issue goes unnoticed or undiagnosed and therefore worsens.

It could also mean you have been given medication which was not prescribed to you, posing a risk of overdose or an adverse reaction.

Incorrect Dosage

Being given the wrong dosage can have serious effects, such as liver damage or brain damage.

If you were given less than you should’ve been, your condition may worsen; however, if you were given more than you should’ve been, it can cause organ failure or, in the worst cases, can result in fatalities.

Medication You Are Allergic To

If you were given medicine that you have a known allergy to, and you suffered anaphylactic shock as a result, this would be grounds to claim medical negligence.

As part of their duty of care, all medical professionals should refer to your medical record to determine known allergies before they provide treatment or medication.

If they fail to either properly check documentation or administer a medication for which you have a documented allergy, they would be breaching the duty of care that they owed to you, and therefore acting negligently.

How To Make Hospital Medication Error Claims

An important factor when starting your hospital medication error claim is gathering evidence to help explain how the medical negligence occurred.

Evidence helps to demonstrate how the events happened, and ultimately how the actions of someone else led to your injuries.

Our solicitors have decades of experience and, as part of their services, would help you obtain this supporting evidence for your claim.

The evidence could be things like:

  • Your GP or medical record
  • A record of the date and time of treatment
  • A diary of your symptoms
  • Anyone who may have witnessed the treatment you received

As well as needing evidence to start hospital medication error claims, all compensation claims are subject to a time limit.

The time limit for you to start hospital medication error claims is generally 3 years from the date of the negligence, according to the Limitation Act 1980. However, there are exceptions to this limitation period. Please call our advisors to learn more.

A pharmacist checks a prescription

Get Help From Accident Claims

Our No Win No Fee solicitors have decades of experience acting on behalf of people who have unfortunately experienced a hospital medication error. They work on a No Win No Fee basis via a Conditional Fee Agreement, which can benefit you as you will not have to pay any upfront costs for their legal services.

If your claim is successful, your solicitor will take a percentage of your compensation as their success fee at the end of the claim in accordance with the Conditional Fee Agreements Order 2013. However, you always keep the majority of the compensation as the law places a legal cap on what percentage your solicitor can take.

If your claim is unsuccessful, you would not be required to pay for your solicitor’s work.

By choosing to work with Accident Claims, as part of the services offered, our team could help you by:

  • Making sure you understand legal language and the claims process
  • Helping you to gather important evidence
  • Ensuring your claim is started within the time limit
  • Advocating on your behalf to achieve a suitable settlement

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