By Jo Jeffries. Last updated 17th June 2022. Welcome to this guide to claiming settlements for the wrong prescription in the UK. In the sections below, we will explain who could make a wrong medication claim, as well as offering insight into frequently asked questions about prescription error claims. These include ‘Can I sue NHS for the wrong medication?’, What should I do if a doctor wrote the wrong prescription or the pharmacist dispensed the wrong medication?’, ”A pharmacy gave me the wrong medication – do I give it back?’, ‘How much compensation for wrong medication injuries could I receive?’ and ‘Do I have a case for the NHS to answer if I was given the wrong medication?’ If you were given the wrong prescription, compensation could aid you with the financial impact of the after-effects, as well as compensate you for your suffering.
Could I Claim Settlements For A Wrong Prescription In the UK If A Hospital, Pharmacy Or GP Gave Me The Wrong Medication?When we are suffering from an injury, short-term illness or a long-term medical condition, we rely on medical practitioners. We expect them to provide us with the right medication. The wrong type of medication or the wrong dosage could cause untold harm.
Have you experienced medical negligence involving the wrong medication being prescribed to you or dispensed? If yes and you were injured, made ill, or your medical condition worsened, then you could be entitled to claim compensation for your injuries. In this guide, we’ll try to answer the question, “How much could my wrong medication negligence claim be worth?”
To make a wrong medication negligence claim, call Accident Claims UK on 0800 073 8801. If you have grounds to make a medical negligence claim because the wrong medication was prescribed, we will provide you with an experienced medical negligence solicitor to handle your claim. Call today or use our contact form, to start your wrong medication compensation claim.
Select A Section
- A Guide To Wrong Medication Negligence Compensation Claims
- What Are Wrong Medication Errors?
- Causes Of The Wrong Medication Being Dispensed
- Wrong Medication Negligence Claims Against NHS And Private Hospitals
- Wrong Medication Negligence Claims Against A GP
- Wrong Medication Negligence Claims Against Pharmacists
- What Effect Could The Wrong Medication Have On You?
- Medical Patients Rights
- I Was Given The Wrong Medication, What Should I Do?
- Compensation Calculator For wrong Medication Claims
- Special Damages For Medical Costs And Other Financial Losses
- No Win No Fee Claims, If Harmed By Wrong Medication Negligence
- Why Choose Accident Claims UK?
- Start Your Claim For Wrong Medication Negligence
- Helpful Resources Relating To Settlements For A Wrong Prescription In The UK
If you have been made ill or had your pre-existing medical condition worsened because a negligent GP, nurse, hospital or pharmacy provided you with the wrong medication, you may be able to claim compensation. Whether you were harmed because of an incorrect dosage, or you were given the wrong type of medication, you may be able to claim compensation for any illness caused.
In this guide to making a medical negligence claim for wrong medication, we will explain what medication errors are. We will look at how medication errors can happen in hospitals, GP surgeries or at a pharmacy, and explain what the consequences can be for patients. We will also guide you through how to make a claim and will provide you with a claims calculator to help you estimate how much compensation you could be entitled to. .
Remember, if you have been given the wrong medication by a doctor, nurse, pharmacy or hospital, and have been harmed as a result, Accident Claims UK can help you. We can provide you with an experienced medical negligence solicitor to handle your claim.
Medical negligence, also known as clinical negligence or medical malpractice, is when a patient is provided with substandard medical care. As a result, the patient becomes injured, ill or their pre-existing medical condition is worsened. All medical practitioners, such as doctors, nurses, pharmacists and surgeons, have a duty of care towards their patients. This means that if they provide a patient with substandard care and the patient is harmed as a result, they could be held liable.
Giving a patient the wrong type of medication, or the wrong dosage of medication, may amount to medical negligence. In some instances, the mistake could be very serious. A patient that experiences an overdose, or is given penicillin when they are allergic, could potentially die. In other instances, the patient could become ill, or the medication dosage could be ineffective, causing their condition to worsen.
Firstly let’s look at how medication is distributed to patients. GPs diagnose and write prescriptions for injuries and illnesses that do not require hospital treatment. The patient will take their prescription to a pharmacist to collect and pay for their medicine. It is the GP’s responsibility to correctly diagnose the patient’s condition and prescribe the correct dosage and type of medication. It is the pharmacist’s responsibility to ensure they dispense the correct type of medicine and dosage of medicine to patients. They are also responsible for correctly advising patients how to take their medicine and answering any type of questions they may have. This means that there are different stages where a negligent GP or a negligent pharmacist may be responsible for a wrong medication error.
In a hospital setting, there are many different ways that a patient may receive medication. A doctor may directly give a patient medicine if the patient is receiving urgent medical treatment. Or, a nurse may distribute medicine to a patient. A doctor may prescribe medication to a patient, who will collect their prescription from a pharmacy. This means that there are also many different ways that a negligent doctor, nurse or pharmacist could contribute to a patient receiving the wrong medication at a hospital.
How Could Clinical Negligence Happen?
Here some examples of how wrong medication clinical negligence can happen:
- Dosage: A doctor could prescribe the wrong dosage of medication. Or a pharmacist could dispense the wrong dosage of medication. A nurse could give the wrong medication if they misread a patient’s medical notes in the hospital. If a patient receives too little medication, the treatment may be ineffective and their medical condition may not improve or may deteriorate. If a patient experiences an overdose of medication this could have fatal results
- Wrong type of medication: A patient could receive the wrong type of medication if a doctor misdiagnoses their condition, or the doctor diagnoses their condition correctly but the wrong medication is prescribed. A pharmacist could also dispense the wrong type of medication by misreading a prescription or making an error
- Wrong person: A patient could bring home the wrong medication from a pharmacy if their medication is mixed up with another patient’s medication. Similarly, if the staff at a negligent hospital confuse one patient’s medication with another’s this can have dire consequences
- Wrong prescription: This refers to a GP writing the wrong prescription for a patient, or a computer error leading to the wrong prescription being printed. As a result, the pharmacist will follow the wrong instructions when they dispense the medication.
- Wrongly administered: A junior member of pharmacy staff who is not medically qualified could make a mistake. Similarly, a doctor or nurse could be given the wrong notes about a patient in a hospital and provide them with the wrong medication as a result
We will now look at how situations can arise in hospitals, pharmacies or GP surgeries where the patient could make a wrong medication compensation claim.
Both NHS and private hospitals have a duty of care to ensure that patients are properly diagnosed and are given the correct type and dosage of medication whilst receiving treatment. There are many ways that a patient could receive incorrect medication at a hospital. For example, a doctor could misdiagnose a patient, leading to them being prescribed the wrong type of medication. Or the doctor could make an administrative error and prescribe the wrong type and dosage of medication, for their condition. Patients that are staying in the hospital for treatment, or are receiving emergency treatment in hospital, are often given medication directly by doctors, nurses or other members of staff, sometimes when they are not conscious. Therefore an administrative error (such as writing the wrong notes), computer error, or human error, can result in the patient receiving the wrong medication.
Have you been given the wrong medication by a doctor or nurse whilst in hospital? You can read our guide to making a hospital negligence claim. Or call Accident Claims UK for more information about making a hospital medical malpractice claim today.
A GP may misdiagnose a patient and prescribe the wrong medication. Alternatively, the GP may make the correct diagnosis but make mistakes leading to the patient receiving the wrong medication. The GP could also make a wrong dose medication error, prescribing too high or low a dosage of medication. Similarly, the doctor could not take into account the patient’s full medical history. They could prescribe a type of medication that contains ingredients that the patient is allergic to. Or perhaps medicine that cannot be taken with medication that the patient is already taking. Another type of wrong medication negligence can occur when a GP gives a patient the wrong instructions on how to take the medicine. For example, telling them to take the medication immediately after eating, when this, in fact, makes it less effective. All of these errors could have a harmful effect.
If you have been made ill or had your pre-existing medical condition made worse by being given the wrong medication by your doctor, you could be entitled to compensation. Why not check out our guide to making a GP negligence claim to find out more.
As said above, if a doctor gives a patient the wrong prescription, the doctor will be held liable for any harm caused by the patient taking the wrong medication, not the pharmacist. However, the pharmacist should speak up, or double-check with the doctor if the prescription the patient gives them looks in any way unusual or dangerous.
How can a pharmacist make a wrong medication error? A patient can be given the wrong medication by the pharmacist. Similarly, the pharmacist can give the patient the wrong dosage. The wrong medication can be given to the wrong patient if the pharmacist mixes up prescriptions. The pharmacist can also make errors that affect the quality of the medication that is given. For example, they could confuse one type of medication with different type, or give a patient medication that is out of date. Another type of clinical negligence error pharmacists can make is giving a patient the wrong advice about how much medication to take, or what dosage.
If you have been made ill or had your pre-existing medical condition worsened because of a negligent pharmacy, you may be able to make a claim for compensation. To find out more, read our online guide to pharmacy negligence, or call Accident Claims UK to speak to an adviser.
The effects of the wrong type or dosage of medication being dispensed can have varied effects. Some may have small side effects. Others may cause serious problems, such as liver or kidney damage. If the patient is allergic to certain types of medication, penicillin for example, this could cause them to experience a potentially fatal anaphylactic shock. In other instances, the medication can have no effect at all, causing the patient’s medical condition to go untreated and potentially worsen.
As a patient of a hospital, GP surgery or pharmacy, you are owed a duty of care. This means that medical practitioners legally bound to provide you with the best standard of care possible. If the care you receive is substandard, for example, being given the wrong type or dosage of medication, the hospital trust, private healthcare provider, pharmacy or GP surgery where you were treated could be held liable for your injuries and be liable to pay you compensation as a result.
If you believe you have received the wrong medication from your pharmacy, hospital or GP then contact your GP immediately. Ask them to check their error, asking for a second opinion if necessary. If you have consumed the medication, seek immediate medical treatment as appropriate. This could involve calling an ambulance or visiting a hospital accident and emergency department.
Once you’re well and free of the effects of the incident, you can take steps to make a medical negligence wrong medication claim. In order to have the best chance of success possible, it’s important to retain and gather evidence to support your claim. This can include keeping the prescription your doctor wrote for you. You could also keep your receipt from the pharmacy where you purchased your prescribed medication. If there’s any other related paperwork, such as letters, keep these too.
To make a negligent prescription or wrong medication negligence claim, you will need a personal injury solicitor to advise and represent you. Trust Accident Claims UK to handle your clinical negligence case. Call us today, to see if you are entitled to claim.
How much compensation can you claim for wrong medication? You can use our personal injury claims calculator to estimate how much your claim is worth. Please note, this calculator only provides an estimate for the general damages you could claim and does not include special damages. And remember, they’re only estimates. The value of each case is heavily determined by its unique set of facts. Call Accident Claims UK for a more accurate compensation estimate of what you could claim, based on your personal circumstances.
|Injury||Comments||Settlement (with 10% uplift)|
|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
|Chest injury (a)||Chest injuries where there is ‘serious heart damage’.||£100,670 to £150,110|
|Non traumatic injury (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
|Non traumatic injury (ii)||Serious, though short-lived, symptoms such as food poisoning. May affect the function of your bowels, sex life and other functions.||£9,540 to £19,200
|Non traumatic injury (iii)||Illnesses which cause the patient a significant level of discomfort. They may have to be admitted to hospital and symptoms may persist for several weeks.||£3,950 to £9,540
|Non traumatic injury (iv)||Illnesses which could lead to the patient suffering varying levels of cramps and pain. May be accompanied by diarrhoea.||£910 to £3,950
|Epileptic condition||(c) Other Epileptic Conditions||£10,640 to £26,290|
If you make a successful wrong medication negligence claim, you may be awarded general damages and special damages. What is the difference between these compensation awards? General damages are awarded to claimants to compensate them for the pain, suffering and loss of amenity that they have experienced as a result of their injuries. Special damages reimburse the claimant for any expenses that they have had as a result of their injuries, such as medical expenses, travel expenses, mobility equipment expenses, at-home care expenses, home or car adaptation expenses, and reimbursement for loss of income or future income.
At Accident Claims UK, we give every claimant the option to enter into a No Win No Fee Agreement. This means that if your claim is unsuccessful you will not have to pay any of your solicitor’s fees. If you are successful, your solicitor may ask you to make a small contribution to the cost of their fees by paying what’s known as a ‘success fee‘. This would be deducted from your compensation at the end of the claim. Call Accident Claims UK today, to learn more about the benefits of making a no win no fee medical malpractice claim, or to start your claim today.
Accident Claims UK can provide you with an excellent medical negligence lawyer to handle your claim. Our panel of solicitors have over three decades of experience. They will fight to win you the maximum amount of compensation possible. They’ll be on hand to answer any queries you have too. We will guide you through the smokescreen of legal jargon obscuring the legal system.
To begin your wrong medication claim, call Accident Claims UK, or contact us via our website. We’re looking forward to working with you.
How much could my wrong medication negligence claim be worth – FAQs
In this section, we’ll try to answer some common questions relating to wrong medication negligence claims. Please get in touch if there’s anything else that you need to know.
How long does a medical negligence claim take to be settled?
The amount of time that a claim takes varies from case to case. Where liability is admitted early and an amicable agreement can be reached, cases can be resolved in around 12 to 18 months. If more evidence is required to prove what happened or who was to blame, the process could take longer.
What can I claim for in a wrong medication claim?
Usually, claims will be made up of two parts. Firstly, you’ll claim general damages to compensate you for any pain and suffering you endured. Then you’ll claim special damages if there has been any financial impact because of your injuries. This could include care costs, medical expenses or loss of earnings.
How long do I have to begin my claim?
According to the statute of limitations, you have 3-years to make a medical negligence claim. These time limits must be adhered to. They will either begin on the date you were injured or the ‘date of knowledge’ if your condition wasn’t diagnosed until later.
How much is my wrong medication claim be worth?
Determining compensation levels in medical negligence cases is not possible until your case has been reviewed properly. That’s because settlements are based on the extent of any injuries or illness and this will vary from case to case. You could ask a No Win No Fee medical negligence solicitor to review your case and they should be able to provide a compensation estimate for you.
How are settlements for a wrong prescription in the UK calculated?
If you’re wondering how settlements for a wrong prescription in the UK are calculated, we can look at what needs to be assessed as part of prescription negligence claims. If your wrong medication claim is successful, you could be compensated for your physical and mental suffering. You could also be compensated for out of pocket costs and losses suffered because of your injuries.
I’m making a wrong medication claim, what could affect settlements for a wrong prescription in the UK?
There are various factors that could affect settlements for wrong prescription settlements in the UK. For example, the nature of your injuries, including severity and the impact they may have had on your quality of life.
Can I sue the NHS for wrong medication injuries?
You could sue the NHS for wrong medication that caused you further or avoidable harm. However, you would need to prove that the medical professional in charge of your care failed to meet the correct standard when treating you.
For example, a pharmacist may have dispensed medication that was meant for another patient. They may not carry out the necessary checks. In these instances, you may be eligible to sue the NHS for medical negligence. If your claim is successful, you could receive compensation for the undue harm you suffered from it.
What are the latest guideline figures for settlements for the wrong prescription in the UK?
The latest Judicial College Guidelines figures for settlements for wrong prescription injuries can be found in the 16th edition, published in April 2022. These are the figures we have used in our compensation table, earlier on in this guide. However, these are only a rough guide and do not include special damages.
To get a more accurate estimation of the value of your claim, please get in touch using the number above.
Where can I get further guidance on how much compensation for wrong medication claims I could receive?
If you call our team, we could offer you insight into how much compensation for wrong medication claims your claim could receive. We could advise what your settlement may comprise. We could also assess your eligibility to claim. If we determine that you could have a valid claim, we could provide you with a solicitor to help you.
I was given the wrong medication – what should I do?
If you were given the wrong medication, you might wonder what to do. If you have not taken any, it could be a wise idea to take it back to the pharmacy that gave it to you. You may also wish to report that you have been given the wrong medication so that this can be investigated.
If you were given the wrong medication as a result of negligence and suffered harm because of it, you may be eligible to seek compensation. However, we would advise you to take photographs of the prescription and the medication. This evidence could prove useful if you want to claim settlements for the wrong prescription in the UK. To claim compensation, you’d need to prove that you suffered harm from being given the wrong prescription. Call our team to find out if your claim is valid.
Can you assess prescription error claims to see if I could be eligible for settlements for a wrong prescription in the UK?
Yes, our team can assess prescription error claims at no charge. They could advise claimants if they could be eligible for settlements for a wrong prescription in the UK.
What are settlements for wrong prescription?
According to the NHS, NHS resolution received 112 claims relating to general practice medication errors, occurring between April 2015 to March 2020. Of these claims, 8 settled with damages paid, 56 were closed and 48 were ongoing. If you’d like to know how these figures compare to other areas of healthcare, we can give you the following facts relating to settlements for wrong prescription and other medication errors, revealed by the NHS.
In the same time period, there were a total of 1420 claims relating to medication errors received by NHS Resolution. While 438 claims were without merit, 487 settled with damages, and 495 remain open.
The NHS reveals that 66% of incidents occurred with an error at just one stage of the medication process and the administration stage was where most errors occurred. You can see how this compares below.
The pharmacy gave me the wrong medication – could I claim?
If you were given the wrong prescription, compensation would not necessarily follow. To be eligible to claim settlements for the wrong prescription, you would need to be able to prove that you were caused harm as a result of medical negligence.
What affects how much compensation for wrong medication claims would be payable?
When it comes to how much compensation for wrong medication claims you’d receive, it would be calculated based on the effect of the medication on you, as well as the effects of the resulting illness on your finances. Compensation could include damages for loss of income, for example.
Call us for more information.
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.
Prescriptions Error Rates – an NHS guide
Hospital Medication Errors – an NHS Guide
We hope that we have answered the question, “How much could my wrong medication negligence claim be worth?”. To learn more about claiming, please call our team of specialists today.
Article by HC