Medication Error Claims

What is a medication error claim?

The NHS defines medication errors as patient safety incidents where there has been an error in the process of prescribing, preparing, dispensing, administering, monitoring or providing advice on medication.

Although there are strict regulations in place around prescribed medications in the UK, mistakes do unfortunately still happen. It is estimated that 237 million medication errors are made each year in England alone, costing the NHS around £98 million. 

As a patient, you have a right to access safe and properly administered medication. And if these standards aren’t met, you could have grounds for a medication error claim.

What are some examples of medication errors?

Medication errors can take place at any point from when the medication is first ordered to when it’s administered to you. This means the nature of medication errors can vary.

Some examples include:

• Failure to review or alter a treatment
• Failure to warn of side effects
• Illegible prescriptions resulting in wrong prescriptions being given
• Incorrect dosage instructions or labelling
• Incorrect preparation of medicines
• Lack of knowledge – for example, not establishing whether someone is allergic to a drug
• Wrong medication prescribed

Any of the medication errors listed above could have serious consequences. And in the worst cases, they could even prove to be fatal.

If you’ve suffered as a result of any type of medication error, you could be entitled to make a claim against the hospital trust or GP that treated you.

How can First4Lawyers help?

We work with specialist solicitors who are experts in medical negligence claims. They’ll use their experience to investigate your case, gather evidence and negotiate on your behalf to secure you the best outcome.

We offer a No Win No Fee service for medication error claims, so you won’t need to worry about paying anything if your claim is not successful.

To find out more about how we could help you, get in touch with one of our friendly claims advisors. They’ll listen to your situation and let you know if you’re likely to have a strong claim for compensation.

Why should I make a medication error claim?

If an error has been made in the medication prescribed to you, you may understandably be feeling shaken up. And the thought of making a claim on top of this can feel daunting.

We only work with reputable solicitors who will guide you through the claims process and make it as stress-free as possible, so you can focus on your recovery.

By making a claim, you’ll not only be pursuing the compensation you’re entitled to, but you could also help to stop the same mistakes being made in future.

Both the NHS and private healthcare facilities have insurance in place to cover these kinds of claims, so you won’t need to worry about affecting patient treatment or waiting times.

Medication Error FAQs

How much could I claim for a medication error?

If your medication error claim is successful, your final settlement amount will depend largely on the circumstances surrounding the treatment you received and how it has affected you.

Your solicitor will work with you to determine how much compensation you should receive. This will usually be split into what’s known as general and special damages.

General damages will account for the pain and suffering you’ve experienced whilst special damages will consider the financial impact the medical negligence has had on you. This could include any loss in earnings if you’ve had to take time off work, or the cost of medical treatment.

Is there a time limit on when I can make a claim?

There is usually a three-year period in which you can make a claim after suffering medical negligence. This could be from the date that the medication error happened, or when you first became aware of it.

In certain situations, the time limits can vary. This may be the case if the person who was affected by the medication error was a child or someone lacking the mental capacity to make a claim for themselves.

Our claims advisors can discuss your circumstances with you and let you know how long you’ll have to take legal action.

Can I make a medication error claim on behalf of someone else?

In some cases, the individual who has been affected by a medication error will be unable to bring a claim themselves. This will usually apply when the individual is either:

• An adult lacking mental capacity, or
• A child under 18 years old

In these circumstances, someone else can be instructed to act on the injured person’s behalf – this is known as a litigation friend. A litigation friend could be any of the following:

• Court of Protection deputy
• Parent or guardian
• Professional advocate
• Relative or close friend
• Solicitor
• Someone with lasting power of attorney

If you have any questions about making a claim on behalf of someone else, get in touch and our friendly claims advisors will discuss the process with you.

What should I do if I’ve been given the wrong medication?

If you think you’ve been given the wrong medication, the first thing to do is to speak to your GP. Ask them to confirm the medication you were administered, as well as the dosage.

We’d encourage you to keep hold of any medical records, your prescription and the package the medication came in. That’s because these could provide valuable evidence if you decide to make a medicine error claim.

For initial advice that’s tailored to your individual situation, get in touch with our claims advisors by calling the number at the top of the screen or through filling in our online claim form.