It can be a big decision to consider a care home. You will be putting your faith in the healthcare professionals to provide the required standard of care. If they breach this standard of care and provide the wrong treatment, it could cause serious physical and psychological harm, for which you might be entitled to claim compensation.
Therefore, this guide will explain the duty of care owed to you by medical professionals and care home staff. We will also look at how you could prove the occurrence of medical negligence. Moreover, you may want to know how much potential compensation you could receive for your pain and suffering. Read on to see our table of compensation guideline amounts.
Additionally, you can contact a member of our team for free advice. They are available to help 24/7, so you can talk to us at a time convenient for you. Getting in touch won’t place you under any obligation to further your claim. However, if our advisors find your claim valid on assessment, they could put you in touch with one of the No Win No Fee medical negligence solicitors from our panel.
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- Medication Errors in Care Homes – Can You Claim?
- How Could a Medication Error Occur in a Care Home?
- Medication Errors in Care Homes – Why is Duty of Care Important?
- What Evidence Could Be Used In a Care Home Negligence Case?
- What Compensation Could You Receive From a Medical Negligence Claim?
- No Win No Fee Solicitors – How Can They Help?
- More Information About Claiming For Medication Errors in Care Homes
NHS resolution describes a medication error as a Patient Safety Incident caused by an error in prescribing, preparing, dispensing, administering, monitoring or providing advice on medicines. For instance, if a medical professional, such as a nurse, gives you the wrong treatment in a care home, this would be a medication error.
However, to make a claim, you must prove that the error caused harm and resulted from a failure to meet the required standard of care. Later in this article, we will discuss the importance of a duty of care.
If you would like to enquire about making a claim for medication errors in care homes, please contact a member of our advisory team.
There are various types of medication errors that could occur within a care home. For example, you could receive the wrong medication, be provided with the incorrect dose, or may be given medication that you have a known allergy to.
Any of these examples could lead to serious harm, such as a worsening of a current condition and pain. Furthermore, medication errors could also cause serious organ damage, brain damage, and loss of consciousness. However, it is fair to say that some will only cause minor issues. That said, anyone subject to a medication error should always seek medical advice straight away.
Please contact us if you have suffered harm due to medication errors in care homes and want to make a medical negligence claim.
Can I Claim For Death From Medication Errors?
In more severe cases, a medication error could result in death. The Fatal Accidents Act 1976 allows qualifying relatives of the deceased to claim for the impact the death has had on them. A claim for the deceased’s pain and suffering and losses incurred prior to their death can only be made by the deceased’s estate. However, the vast majority of the time, a claim will be made for the benefit of the estate as well as for the benefit of the dependants, so will be included in one sum.
Please contact our team of advisors to find out more about claiming compensation for negligence following medication errors in care homes resulting in death.
Medical professionals, such as GP doctors or care home nurses, must adhere to their duty of care to provide a minimum standard of care. If they behave in a way that falls below this standard of care, it is called medical negligence.
The basic criteria that must be met for you to make a claim are:
- A medical professional owes you a duty of care.
- They breach this duty of care.
- As a result, you are physically or mentally harmed.
Therefore, this duty of care is important to ensure that you receive the expected standard of medical care.
Following a medication error, you should seek immediate medical advice. Following this, if you believe the medical error was caused by negligence and you want to make a claim, it is important to gather evidence proving medical negligence as soon as possible. Potential evidence you could collect includes:
- Photographic evidence – Pictures of any physical harm, if applicable.
- Medical records – Showing the harm caused and any treatment required
You could also keep notes of the medical professional’s name and the medication error’s effects on you. Evidence is an extremely important part of a medical negligence case, which could be the difference between a successful or unsuccessful outcome.
Furthermore, it is important to know the time limits laid out by the Limitation Act 1980. You generally have to begin your claim within three years from the day the medication error took place or three years from the day you linked the harm to negligence.
Please contact our team of advisors to discuss whether your claim for medication errors in care homes is within the time limits.
Firstly, we will discuss the head of claim called general damages. This compensates you for the mental and physical pain and suffering caused by medical negligence.
In the table below, we have used the Judicial College Guidelines (JCG), updated in April 2022, to provide compensation brackets guidance. Legal professionals use this text to help them value general damages. We have included injuries you could sustain due to medication errors.
|Very Severe Injury Resulting from Brain Damage (a)||There will be a need for full-time nursing care. The person will show little to no meaningful response to their environment.||£282,010 - £403,990|
|Moderately Severe Injury Resulting from Brain Damage (b)||The person will be very seriously disabled, meaning they will substantially depend on others.||£219,070 - £282,010|
|Moderate Injury Resulting from Brain Damage (c)(ii)||There will be a moderate to modest intellectual deficit, and there is some risk of epilepsy.||£90,720 to £150,110|
|Injuries Affecting Sight (b)||Complete blindness.||In the region of £268,720|
|Epilepsy (a)||Established grand mal.||£102,000 - £150,110|
|Epilepsy (b)||Established petit mal.||£54,830 - £131,370|
|Chest Injury (a)||Total removal of one lung and serious heart damage.||£100,670 to £150,110|
|Chest Injury (c)||The person will have some continuing disability due to damage to the chest.||£31,310 to £54,830|
|Deafness (b)||Total deafness.||£90,750 to £109,650|
|Damage to the Digestive System (b)(i)||The person will suffer severe toxicosis causing serious symptoms such as acute pain, diarrhoea and vomiting.||£38,430 - £52,500|
Each case has a unique set of details. Therefore, these figures should be used as a guide.
What Else Could You Receive When Claiming For Medication Errors in Care Homes?
The second head of claim for medical negligence is called special damages. This compensates you for financial losses resulting from the harm. Some expenses that this could cover are:
- Future and past loss of earnings
- Travel payments
- Care not covered by the NHS
Imperatively, you must keep evidence of any special damages that you want to claim for, such as bank reports, receipts and travel tickets. Please don’t hesitate to enquire how much compensation you could be entitled to by contacting our advisors.
Opting to use a No Win No Fee solicitor under a Conditional Fee Agreement (CFA) can give you the benefits of claiming with a legal professional whilst minimising financial risks. You can receive their help navigating legal processes without having to pay upfront or ongoing fees for their services. You also won’t pay for their services if your claim is unsuccessful.
On the other hand, if your claim is successful, your solicitor will receive a small percentage of the compensation. The law caps this percentage.
Contact our team of advisors to see if your claim could be eligible to connect you with one of the No Win No Fee solicitors from our panel.
Contact Us Today For a Free Consultation
Our team of advisors are available 24/7 if you would like to discuss claiming compensation for medication errors in care homes.
More pages from our site relating to medication errors:
- How To Report Medication Errors
- What Compensation Could I Claim After Having Unnecessary Medical Treatment?
- How To Calculate Hospital Negligence Payouts
- Prescription Error Compensation Claims
- Medication Errors In Hospital – How To Make A Claim
- Claiming For Deaths From Medication Errors
- Medication Errors By The NHS – How To Claim
- The Causes Of Medication Errors And How To Claim
- Medication Errors By Nurses – Can I Make A Claim?
External pages for further reading:
We hope this guide has informed you of the steps you could take should medication errors in care homes harm you or a loved one.