How To Sue For Wrong Medication

sue for wrong medication

Sue For Wrong Medication Claims Guide

Are you wondering whether you can sue for the wrong medication? Did this error cause you harm and negatively impact your quality of life? If so, this guide could provide you with useful information on medical negligence claims.

With this guide, we aim to help you understand who could be responsible for a medication error and the potential consequences if you were to take incorrect medication. Additionally, we will help you understand what evidence you may need to make a successful claim for compensation.

However, if you still have questions, our team of advisors can do their best to help you. They can offer you free legal advice regarding your specific claim and help answer any questions you may have.

To speak with our team, anytime 24/7:

About Suing For Wrong Medication Negligence

  1. How To Sue For The Wrong Medication, Causing Illness
  2. Who Could I Sue For Wrong Medication Illnesses?
  3. What Evidence Do I Need To Sue For Wrong Medication Illnesses?
  4. Medication Error Claims – Compensation Examples
  5. How To Sue For Wrong Medication Negligence With A No Win No Fee Solicitor
  6. Ask Our Team About How To Sue For Wrong Medication
  7. Learn More About How To Sue For The Wrong Medication

How To Sue For The Wrong Medication, Causing Illness

A medication error is a Patient Safety Incident PSI. It can involve an error at any stage of the medication process including, at the prescribing stage, when preparing, when dispensing, monitoring or the administration of medication. It can also happen when an error is made giving medication advice. Medical professionals that may be included in the medication process include doctors, nurse practitioners, surgeons, midwives, carers, pharmacists and their staff.
If you were to be given the wrong medication, either by a doctor or pharmacy, it could have detrimental effects that could affect your health and quality of life, such as severe allergic reactions or brain injuries. For example, if you are allergic to penicillin, receiving it could prove to be fatal.
Being given the incorrect medication does not mean that you would qualify to make a medical negligence claim. To hold a valid medical negligence claim you must be able to demonstrate that you were owed a duty of care. Medical professionals owe a duty of care to all patients they accept to treat. You must then be able to prove that this duty was breached leading to you suffering harm that could have otherwise been avoided. We will explore later in this guide what evidence you could provide to help support this.
For more guidance on whether you are eligible to sue for the wrong medication, call our advisors today.
 

Who Could I Sue For Wrong Medication Illnesses?

All healthcare professionals owe their patients a duty of care. Essentially, they must do all they can to avoid causing their patient’s unnecessary harm and provide them with the correct standard of care.
What medical professionals can be involved in the medication process?
  • Doctors (both private and with the NHS).
  • Nurses.
  • Pharmacists.
  • Carers/ Nursing home staff.

However, in order to make a successful claim, you must prove that they acted negligently when providing you with the incorrect medicine. For example, your doctor prescribes you a medication that contains something you are allergic to, and they were aware of your allergies as they were stated on your medical records.

Following a medication error, the symptoms you could suffer could differ. The symptoms range from mild to potentially life threatening. 

If you have taken the wrong medication you should seek immediate medical advice. Additionally, you should make your pharmacy, doctor or hospital aware if you have taken the wrong medication following a prescription error. For example, by following the complaints procedure. 
 
For more information on how to sue for the wrong medication, get in touch with our advisors via the number at the top of this page.

What Evidence Do I Need To Sue For Wrong Medication Illnesses?

As we have mentioned, evidence is important to proving negligence in a wrong medication claim. Some evidence you could provide to help form the basis of a successful medical negligence claim is:
 
  • When did the error take place? – You could prove this with evidence such as a confirmation text of your doctor’s/hospital appointment or a dated prescription form.
  • Who caused the error? – This could be the name of the doctor who prescribed you the medication or the name of the pharmacy/pharmacist who gave it to you.
  • Proof that a medical professional acted negligently – i.e. your medical records show that the medication you were prescribed is down as a known allergen
  • What harm was caused due to the error? – Any pictures of physical reactions, such as rashes, and updated medical records if you had to see a medical professional due to your symptoms following a medication error. This could provide crucial details of any diagnosis and treatments you received due to the medication error.
Call our advisors for more information of what evidence may be required if you want to sue for the wrong medication.

Medication Error Claims – Compensation Examples

When pursuing a medical negligence claim, your compensation will be made up of general damages and potentially special damages.
General damages cover your physical and emotional suffering as well as how the harm impacted your quality of life.
Whereas special damages cover your financial losses, both past and future, caused by the harm. E.g. paying for private medical care.
In order to successfully claim for these damages, you must provide sufficient and relevant evidence.
The table below contains bracket compensation amounts that have been taken from the 16th edition of the Judicial College Guidelines (JCG) as it is a document many legal professionals use when valuing injuries and illnesses.
However, various factors regarding your claim will affect how much compensation you could receive. As such, you should only use this table as a guide.
Injury SeverityAmount
Bowels(a) Complete loss of natural bowel function with loss of urinary control and other complicationsUp to £184,200
Bowels(b) Complete loss of natural bowel function and will depend on a colostomy. (Can also be affected by the person's age).Up to £150,110
Kidney(b) Serious risk of developing a urinary tract infection or the loss of natural kidney function.Up to £63,980
Impairment of Taste and Smell(b) Complete loss of smell with partial loss of taste also.£32,900 - £39,170
Spleen(a) Complete loss of the spleen and risk of internal infection due to damage to immune system. £20,800 - £26,290
Spleen(b)Loss of spleen but minimal infection risks.£4,350 - £8,640
Post-Traumatic Stress Disorder (PTSD)(c) Moderate - Despite symptoms such as nightmares, sleep disturbance and mood swings, the person will have largely recovered.£8,180 - £23,150
Injuries Affecting Sight(g) Slight permanent damage to one or both eyes. May also cause slight double vision and the eyes will be sensitive to bright lights.£9,110 - £20,980
Lung Disease(f) Slight breathlessness but it will not cause significant impacts on daily life.£10,640 - £20,800
Deafness/Tinnitus(d)(iv) Mind tinnitus or mild noise induced hearing loss.Around £11,720
 
If you have any questions about how to sue for the wrong medication, please talk with our team today. 

How To Sue For Wrong Medication Negligence With A No Win No Fee Solicitor

A No Win No Fee agreement is a way to fund legal representation when making a claim. There are various types of No Win No Fee agreements, such as a Conditional Fee Agreement. 
With a No Win No Fee Agreement, you don’t have to pay anything for your solicitor’s services if they don’t win your case.
 
However, if your claim succeeds, you will pay a legally capped success fee from your compensation to your solicitor.
 
For more information on how our panel of solicitors could help you if you decide to sue for the wrong medication, contact us today.

Ask Our Team About How To Sue For Wrong Medication

We understand you may still have some questions regarding how to sue for the wrong medication. If so, our friendly team of advisors can help you by answering any questions you may have about medical negligence claims. Additionally, they can offer you free legal advice in regard to your specific case.
Our team is available 24/7 to help you:

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