This guide will explain the action you could take should an instance of medication errors by the NHS cause you harm. Also, we will look at the duty of medical professionals to provide a minimum standard of care and what could happen if this duty is breached.
If you are suffering from a medical problem, you may need to visit a healthcare professional to receive medication. If a medication error occurs, it could cause you harm. To claim compensation for the harm resulting from a medication error, a healthcare professional must have breached their duty of care; this is called medical negligence.
Read on to find out what compensation you could receive as a victim of medical negligence. Also, this guide will explain the potential advantages of using a No Win No Fee solicitor.
If you can provide evidence that an NHS medication error caused by negligence has resulted in you suffering avoidable harm, don’t hesitate to contact us. Our team of advisors are available to provide free, friendly advice 24/7. They could connect you with one of the No Win No Fee medical negligence solicitors from our panel.
Please contact us by doing one of the following:
- Call 0800 408 7827
- Contact us through our online form
- Write to us using the live chat feature at the bottom of this page
Choose A Section
- Medication Errors By The NHS – What Could They Include?
- What Are Examples Of Medication Errors?
- Duty Of Care – Why Is It Vital When Claiming For Medical Negligence?
- Top Tips When Claiming For Medication Errors
- What Compensation Could I Get From A Medical Negligence Claim?
- No Win No Fee Solicitors – What Are The Benefits Of Using Their Services?
- More Information About Claiming For Medication Errors By The NHS Should They Occur
Medication Errors By The NHS – What Could They Include?
A medication error is when a healthcare professional, such as a doctor, nurse or pharmacist, provides you with the incorrect medication. According to NHS Resolution, medication errors occur when there is an error in the prescribing, preparing, administering, dispensing, or monitoring process. Also, a medical error can occur when advising on treatment. Any errors in this process could result in a patient receiving the wrong treatment.
If you have experienced a prescription error due to negligence, you could be given the wrong medication, which causes you harm. As a result, you might be able to make a claim. A medication error could cause physical and psychiatric harm, such as distress, potentially resulting in financial losses.
It is important to note that medication errors can happen in a number of healthcare settings. This includes private medical institutions such as private hospitals or doctors’ surgeries.
If you would like to know more about how potential medication errors by the NHS could be caused by negligence, speak with our team today.
What Are Examples Of Medication Errors?
A medication error could happen in a hospital. For example, a doctor may fail to check your medical history and administer medication that you are allergic to. This could cause a serious allergic reaction. By failing in their duty to check your medical record, the doctor’s negligence caused unnecessary pain and suffering, for which you may be able to claim compensation.
In severe cases, potential medication errors by the NHS could lead to life-changing injuries that greatly affect your quality of life, such as paralysis or permanent tinnitus. In some cases, these kinds of errors could be fatal.
Furthermore, you might be given medication that is intended to treat your condition but get given the wrong drug. This means that your condition is not treated and gets worse as a result. Because of this, you need more intensive treatment than you otherwise would.
Our team of advisors can offer expert advice to help you make a claim for medical negligence compensation.
How Often Do Medication Errors By The NHS Occur?
It is estimated by a paper published in the BMJ Journals that:
- 237 million medication errors happen annually in England.
- Avoidable adverse drug effects cause/contribute to 1708 deaths a year
Between April 1st 2015, and March 31st 2020, NHS Resolution states that:
- 1,212 claims were received relating to errors in the medication process.
- 487 of these were resolved with damages paid.
- It cost the NHS £35 million. (Excluding legal costs.)
Duty Of Care – Why Is It Vital When Claiming For Medical Negligence?
There are important criteria that must be met when claiming due to medical negligence; these are:
- A healthcare professional owes you a duty of care.
- They breach this duty.
- This breach causes you harm.
It is important to note that medical negligence does not cause every instance of medication errors. For example, a medical misdiagnosis could result in you receiving incorrect or unnecessary medical treatment or the wrong medication. However, you may only have been misdiagnosed because the symptoms that you were suffering from were more typical of another condition than the one you suffered from.
If your doctor adhered to the standard of care they’re expected to provide, and you got the wrong medication despite this, then you would not be able to claim. You can only claim if substandard care led to you being harmed in a way that providing the right level of care could have avoided.
If you would like to see if you meet the criteria to make an NHS negligence compensation claim, please don’t hesitate to contact our team of advisors.
Top Tips When Claiming For Medication Errors
If a medication error by the NHS occurs, for which you have been harmed due to negligence, you must provide evidence. This evidence may include:
- Photographic evidence – Showing the harm caused.
- Witness contact details – It is important to know that you cannot take a witness statement. A legal professional, such as a solicitor, must obtain it.
- Medical records – Detailing the illness or injury caused, as well as any treatment provided.
Additionally, it would be useful to keep notes of the medical practitioner’s name, who prescribed you the incorrect medication, and the organisation where they work. Also, keeping a note of your symptoms and treatment can be helpful.
Are you wonder whether there are time limits for making a medical negligence claim? The answer is yes. The Limitation Act 1980 states that claims should generally be started within three years from the date of the medication error or three years from the date that you learned that you had been harmed by negligence.
If you’d like to know more about what could be used to show that medication errors by the NHS have occurred, it is recommended that you seek legal advice. You can contact our team of advisors at any time to make an enquiry.
What Compensation Could I Get From A Medical Negligence Claim?
There are two categories of damages that you can claim for in a medical negligence claim, these are:
- Special damages – The head of claim that covers the financial losses caused by the injury.
- General damages – The head of claim that covers the pain and suffering caused by physical and psychiatric harm.
Below we have provided a table of compensation amounts you could receive in general damages for different injuries. We’ve used figures provided by the Judicial College Guidelines (JCG), produced in April 2022, to create this table.
Legal professionals, such as medical negligence solicitors, use this document to help them value payouts. To create these brackets, the JCG refers to previously awarded compensation figures.
Injury Details Amount of Compensation
Very Severe Injury Resulting from Brain Damage (a) The person will show little to no evidence of a meaningful response to their environment. Also, there will be a need for full-time care. £282,010 to £403,990
Moderate Injury Resulting from Brain Damage (c) (i) There will be a moderate to severe intellectual deficit alongside further problems that will mean the person has no prospect of employment. £150,110 to £219,070
Kidney Injury (a) Permanent serious damage to or loss of both kidneys. £169,400 to £210,400
Kidney Injury (b) The person will be at significant risk of future infections or other complete loss of natural function. Up to £63,980
Epilepsy (a) Established grand mal. £102,000 to £150,110
Deafness/Tinnitus (b) Complete deafness. £90,750 to £109,650
Deafness/Tinnitus (d) (ii) This includes moderate to severe tinnitus alone. £14,900 to £29,710
Reproductive System: Female (b) Permanent sexual dysfunction, where the person already has children or would not have had children. £43,010 to £102,100
Reproductive System: Male (c) Permanent significant sexual dysfunction or impotence, where the person already has children or would not have had children. £43,010 to £88,750
Impairment of Taste and Smell (a) Complete loss of taste and smell. In the region of £39,170
Remember that these valuations are a guide, as each case is unique.
What Else Can I Claim For As Part Of A Medication Error Claim?
You can also claim reimbursement for monetary losses under special damages. These can include costs such as:
- Past and future loss of earnings
- Travel payments
- Care costs, such as medical care not covered by the NHS or childcare
- Housing alterations to accommodate a disability caused by the injury
It is crucial to keep evidence of monetary losses to be eligible to claim compensation. You could keep travel tickets, payslips, receipts and bank records.
Do not hesitate to contact our advisors to learn more about claiming compensation. Should medication errors by the NHS occur, you may want to make an enquiry about what you can do next.
No Win No Fee Solicitors – What Are The Benefits Of Using Their Services?
Are you finding it difficult to navigate legal proceedings alone? Do you find the prospect of claiming without legal representation daunting but are worried about upfront fees? A No Win No Fee solicitor could be the answer. They provide professional legal services whilst minimising financial risks that are usually associated with hiring a lawyer.
A Conditional Fee Agreement (CFA) means you do not have to pay ongoing or upfront fees for your solicitor’s services. You also don’t pay for their services in the event that your claim is unsuccessful.
If your claim is successful, your solicitor takes a small percentage of the compensation, referred to as a ‘success fee’. This is legally limited to prevent you from being overcharged and guarantees you the majority of your settlement.
Want A Free Consultation To See If You Can Claim? Contact Us Today
To learn more about how potential medication errors by the NHS could occur, please contact a member of our team. Our advisors are available all day, every day, to provide free, confidential advice.
You can:
- Call 0800 408 7827
- Contact us through our online form
- Write to us using the live chat feature at the bottom of this page
More Information About Claiming For Medication Errors By The NHS Should They Occur
More guides from our site:
- Hospital-Acquired Infection Compensation Claims
- How To Make A Stroke Misdiagnosis Claim
- How To Calculate Hospital Negligence Payouts
- How To Report Medication Errors
- Types Of Medication Errors In Healthcare And How To Claim
- Medication Errors In Hospital – How To Make A Claim
- How To Claim For Medication Errors In Care Homes
- Claiming For Deaths From Medication Errors
- The Causes Of Medication Errors And How To Claim
- Medication Errors By Nurses – Can I Make A Claim?
External links to further information:
- General Medical Council – Report On The Prevalence And Causes Of Prescription Errors
- NHS – Annual Statistics
- NHS – Stage Three: Directive Improving Medication Error Incident Reporting And Learning
Thank you for reading this guide on the steps you could take should medication errors by the NHS occur.
Writer Jess Oar
Publisher Fern Strickland