According to the British Medical Journal, 237 million medication errors occur annually in England, potentially leaving you wondering how to sue for wrong medication. We’ve created a comprehensive guide to answer any questions you might have and to explore how our team at How To Sue could help you today.
Key Takeaways
- If you satisfy the eligibility criteria, you could make a wrong medication claim.
- You could claim against a GP, pharmacist or hospital, depending on who is liable.
- Your compensation could consider the physical, mental and economic impact of the harm you suffered.
- Medication errors can have short-term and long-term effects.
- A solicitor from our panel could help you on a No Win No Fee basis.
Get In Touch
To be connected with one of our friendly advisors to discuss medical negligence claims, you can:
- Call us on 0800 408 7827
- Fill out our online claim form
- Use our live chat
Jump To A Section
- Who Do I Sue For Wrong Medication?
- The Implications Of Being Given Incorrect Medication
- How Much Wrong Medication Compensation Could I Sue For?
- Do I Need Evidence To Prove I Was Given Incorrect Medication?
- How Long Will I Have To Bring A Wrong Medication Claim?
- How Can I Fund My Wrong Medication Claim?
- Learn More
Who Do I Sue For Wrong Medication?
All medical professionals who treat you owe you a duty of care. This extends to not only doctors, but nurses and pharmacists. As per their duty of care, they must provide you with treatment that reaches the minimum expected standard of their role.
Particularly in medication error claims, not all errors will be the fault of the medical professional. Only when said healthcare professional fails to uphold their duty of care would they be liable.
Additionally, in order for you to be eligible to sue for wrong medication, your case must satisfy the eligibility requirements. We can prove this by determining three components:
- A medical professional owed you a duty of care
- They breached this duty by failing to reach the minimum standard
- The breach led to the avoidable and unnecessary harm you suffered
The three components above amount to negligence, which forms the foundation of your compensation claim. Below, we explore how different medical professionals could be liable for your harm.
Can I Claim If A GP Or Doctor Prescribed The Wrong Medication?
Yes, you could claim against a GP or doctor if they prescribed the wrong medication. A GP or doctor might be liable if for example:
- Your doctor prescribes antibiotics for an ongoing infection, but they fail to appreciate your symptoms and concerns properly. As a result, they prescribe too low a dosage, causing your infection to worsen.
- Your GP prescribes you antibiotics for a kidney infection, but doesn’t advise how much or how often you should take the medication. You take too little of it, and your kidney infection worsens.
Can I Sue A Pharmacist For Dispensing The Wrong Medication?
If you receive the wrong medication due to a breach of duty from the pharmacy you received your prescription from, you could make a claim. A pharmacist could dispense the wrong medication if:
- You’re prescribed 40mg of propranolol, but the pharmacist dispenses a higher dosage. As a result, you experience hypoglycemia from an overdose of the medication.
- Your pharmacist gave you the correct medication and dosage, but failed to check the expiry date. As a result, the medication has lost its potency, and your condition remains untreated.
Can I Get Compensation If I Am Administered The Wrong Medication In Hospital?
Yes, if you meet the eligiblity. According to the BMJ, 1 in 5 medication errors are made in hospitals, accounting for roughly 20% of all medication errors.
If you were administered the wrong medication whilst in hospital, you could have a valid claim. You might’ve been given the wrong medication if, for example:
- Your patient notes are mixed up in the hospital, and your nurse fails to check these properly. As a result, you are administered medication incorrectly, which was meant for someone else. This causes your condition to go untreated and results in nausea and vomiting.
- A nurse checks your patient notes but fails to notice your known allergies. Due to this, you’re given medication with ingredients that you’re allergic to, causing obstructed airways and skin rashes.
Get in touch with an advisor today to learn how you could have the basis for a medical negligence claim and for further advise on how to sue for the wrong medication.
The Implications Of Being Given Incorrect Medication
The consequences of being given the wrong medication can vary from person to person. For example, if you have been given too high a dose of morphine, this might lead to an overdose and could result in severe brain damage and even in the most serious cases, death.
Other examples of the implications of being given the wrong medication could include:
- Organ damage or failure: as we mentioned above, this could occur in situations where you have been given a higher dosage of medication than was needed.
- Drug interactions: this can occur if you’re given a medication which is reactive with another medication that you’re already taking. This might cause nausea, vomiting or even drowsiness.
- Allergic reactions: being given the wrong medication might mean it contains ingredients that you’re allergic to, potentially causing anaphylaxis and difficulty breathing or skin hives.
These aren’t the only complications which might ensue after being given the wrong medication. If you’d like to discuss your own claim and explain the effects you have experienced, our advisors are available. Get in touch to learn more about how to sue for wrong medication.
How Much Wrong Medication Compensation Could I Sue For?
Compensation in successful prescription error claims can be comprised of two heads of claim: general and special damages.
General damages are compensation for any physical or psychological impacts of the harm you suffered. It can take into account the pain, suffering and any effect on your quality of life.
Whereas special damages are a loss of claim solely concerned with the economic losses caused by your harm. This head could consider things like loss of earnings or childcare costs incurred as a result of experiencing medical negligence. It’s important to note here that in order to claim these damages, you must hold evidence which demonstrates these financial losses. This could include wage slips or invoices to show expenses.
When general damages are being valued, those responsible may look to frameworks such as the Judicial College Guidelines (JCG). This documentation outlines various injury types and guideline compensation brackets. Our table beneath shows suggestive figures for harm you might experience if you’ve suffered a medication error. Please note that the first entry has not been taken from the JCG. Furthermore, please only use the table as a guide. If you’d prefer a more accurate estimate of how much compensation you could claim, call an advisor today.
| Harm | Severity | Compensation |
|---|---|---|
| Multiple Serious Forms of Harm and Special Damages | Multiple Severe Forms of Harm | Up to £1,000,000+ |
| Brain and Head Injury | Very Severe | £344,150 - £493,000 |
| Moderately Severe | £267,340 - £344,150 | |
| Moderate | £183,190 - £267,340 | |
| Kidney Damage | Serious and Permanent | £206,730 - £256,780 |
| Significant | Up to £78,080 | |
| Bowels | Urgency and Passive Incontinence | In the region of £97,530 |
| Impairment | £54,420 - £85,100 | |
| Digestive System Non-Traumatic Injury | Severe | £46,900 - £64,070 |
| Serious | £11,640 - £23,430 | |
| Significant Discomfort With Recovery Within One to Two Years. | £4,820 to £11,640 |
Do I Need Evidence To Prove I Was Given Incorrect Medication?
Yes, you will need evidence to prove that someone else’s negligence caused your avoidable harm. Your evidence could be documents such as:
- Your GP or medical records to show any diagnoses and why you needed the medication
- A copy of the prescription and a copy of the wrong medication
- Contact details of anyone who might’ve witnessed the medication error, who could later give a witness statement
- Any complaints made to the medical institution that you received the wrong medication from
- Photographs or a description of the harm you suffered as a result
- A copy of the information booklet, as well as the packaging of the medication you received
These documents can strengthen the basis of your claim as they help to prove irrefutably that the harm you suffered was because of a medical professional’s breach of duty.
You can get in touch with our advisors today to be connected with a solicitor from our panel; they can help you with evidence gathering and advise you on what would be beneficial as evidence.
How Long Will I Have To Bring A Wrong Medication Claim?
Most compensation claims are subject to a time limit. This is established under the Limitation Act 1980, which gives claimants 3 years to start their case; this time limit in medical negligence claims specifically runs from either:
- The date that the medical neglience occurred
- The date of knowledge, when you realised that the harm you suffered was due to a medical professional breaching their duty
Furthermore, there are two exceptions to these time limits:
- Claimants who are under 18 at the time of the incident will have 3 years from the date of their 18th birthday to start a claim. This is because those under 18 are unable to claim on their own behalf.
- Those who lack the mental capacity will have their time limit frozen until a full recovery is made, if this is possible. Their time limit would then run for 3 years from this date.
In both of the above exceptions, a litigation friend can be used. This is usually a trusted adult who can act on behalf of another in a medical negligence claim. Our panel could help you apply for this role, or the courts have the power to appoint you.
It’s imperative that your claim is started within the permitted time limit, as otherwise it may become time-barred. If you’re unsure whether your claim would still fall within the time limits, our advisors can help you determine this.
How Can I Fund My Wrong Medication Claim?
A beneficial way of instructing a solicitor and funding your claim can be through the use of a Conditional Fee Agreement. This is a type of No Win No Fee claim, which essentially means that you wouldn’t be required to pay fees for the solicitor to begin or continue work on your case.
As well as this, if your claim were unsuccessful, you wouldn’t have to pay for any of the solicitor’s work on your claim. Claiming this way can prevent any mounting solicitors’ fees, and also avoid causing further financial pressure during a difficult time.
If your claim had a positive outcome, a small ‘success fee’ would be payable from your compensation to cover the costs of your solicitor. This is a legally capped percentage in line with the Conditional Fee Agreements Order 2013, to ensure that you receive the majority of your compensation.
As well as this, by working with a solicitor from our panel you can expect:
- Clear and concise advice
- Support through every step of your claim
- Assistance with evidence gathering
- Making sure your claim is started within the time limit
- Working closely with you to develop a personalised recovery plan that suits your needs
- Arranging a private or independent medical assessment if needed
To learn more about how a No Win No Fee claim works, contact us today using the details below.
Get In Touch With How To Sue
- Call us on 0800 408 7827
- Fill out our online claim form
- Use our live chat
Learn More
Why not read our other guides about:
- How to make a surgical negligence claim
- Suing the NHS
- How to sue the NHS for birth trauma
Helpful External Resources
- The process for making a complaint against the NHS
- Who is eligible to claim Statutory Sick Pay
- Advice for returning to work after sickness from the Health and Safety Executive
Thank you for reading our how to sue for wrong medication guide.