This guide explores the process of making a medical negligence claim following medication errors in elderly care that caused you avoidable harm. Additionally, we will discuss some of the ways a medication error could occur and the impact it could have.
Medical professionals owe a duty of care to their patients. As part of this duty, they must provide the correct standard of care. If the care they provide falls below the correct standard and causes you avoidable harm as a result, you may be able to bring forward a medical negligence claim.
We will discuss the duty of care you are owed in more detail throughout this guide as well as the criteria your claim must meet in order to be valid.
Keep reading to find out more about medical errors in elderly care. Alternatively, you can direct your questions to our advisers. They are available 24/7 to provide you with free legal advice. To get in touch:
- Call on 0800 408 7827
- Contact us via the form on our website
- Speak with an advisor via the live chat function below.
Choose A Section
- What Are Medication Errors in Elderly Care?
- Medication Errors – What are They?
- Who Is Liable for Medication Errors in Elderly Care?
- What Evidence Can Be Used For Medication Errors in Care Homes?
- Medical Negligence Claim Calculator – What Could You Receive?
- How Our Panel of No Win No Fee Solicitors Could Help You
- Learn More About Claiming for Medication Errors in Elderly Care
What Are Medication Errors in Elderly Care?
Medication errors can occur in different settings, such as a nursing home, hospital or GP surgery. A medication error, also known as a Patient Safety Incident, involves an error in the process of preparing, monitoring, administering, prescribing, and dispensing medicines. It can also involve an error when providing advice on medicines.
As such, it could involve a prescription error, where the wrong medication is prescribed to an individual or a dosage error, where too much or too little of the medication is administered.
You cannot claim medical negligence compensation if a prescription makes you sick but you were provided with the right standard of care. This is because many medications have known, negative side effects, and if you need the medication to treat a condition you’re suffering from, then this may be necessary harm. Instead, you must be able to show the harm you experienced could have been avoided if a medical professional had provided you the correct level of care.
For more information on how medication errors in elderly care could occur, continue reading. Alternatively, please get in touch on the number above to find out whether you’re eligible to make a claim.
Medication Errors – What are They?
Medication errors in healthcare could occur in various ways. For example:
- A hospital doctor administers a patient with the wrong dosage. As a result, the patient experiences symptoms of an overdose due to medication errors in a hospital.
- A pharmacist includes the wrong medication when processing an elderly person’s prescription. As a result, they take medication that is not suitable for them and causes adverse side effects due to medication errors in a pharmacy.
- A prescribing nurse in a nursing home gives a resident a medication they have a known allergy to after failing to check their medical records.
There are several ways a medication error could affect a patient. The severity of the harm sustained due to medical negligence will be taken into account when valuing the potential compensation awarded.
However, it’s important to note that not all incidents of medication errors will form the basis of a valid claim. In order to seek compensation, you must prove that medical negligence caused you unnecessary harm.
If you would like to ask questions about claiming after medication errors in elderly care caused you avoidable harm, contact our team of advisers today.
Who Is Liable for Medication Errors in Elderly Care?
In order to make a medical negligence claim, you must be able to show negligence occurred. This can be done by asking the following questions:
- Did a medical professional owe me a duty of care?
- Did this medical professional act in a way that breached this duty?
- As a result of this breach, did I suffer a harm that otherwise may have been avoided?
If you have evidence to show these three things occurred, then you may be able to claim medical negligence compensation.
As part of the claims process, the Bolam test may be carried out to determine whether the correct standard of care was provided. This involves a panel of relevantly trained medical professionals assessing your case. The findings of this assessment could be used as evidence to support your claim.
Contact our advisers to find out more about the process of making a claim for medication errors in elderly care.
Can I Claim For a Fatal Medication Error?
A claim could be made on behalf of a loved one if they have experienced death from a medication error caused by medical negligence. There are different pieces of legislation that allow for a fatal accident claim to be made on behalf of a deceased person.
To learn more about whether you could make a claim on behalf of a deceased loved one who passed away as a result of medical negligence, please get in touch with an adviser.
What Evidence Can Be Used For Medication Errors in Care Homes?
There are different pieces of evidence you could collect to support a potential claim for medication errors in elderly care. For example:
- A diary recording your treatment and symptoms.
- Attain a copy of your medical records, such as a report from a doctor or the hospital.
- Copy of prescriptions.
In addition to collecting evidence, you should ensure that you begin your claim within the relevant time limits. According to the Limitation Act 1980, generally, you must start your claim either three years from the date the incident occurred. The three years can also start from the date you associated the harm you sustained with negligence.
However, there are some exceptions to these limits. Please get in touch to learn more.
Medical Negligence Claim Calculator – What Could You Receive?
After making a successful claim for medication errors in elderly care, you could receive an award that comprises up to two heads of claim: general damages and special damages.
General damages relate to the suffering and pain caused by the avoidable harm you experienced as a result of medical negligence. Solicitors can use the Judicial College Guidelines when assessing the general damages portion of settlements.
We have included these figures in the table below. However, the figures are guidelines only.
| Type of Harm | Compensation Payouts (Guideline) | Description |
|---|---|---|
| Kidney (a) | £169,400 to £210,400 | Serious and permanent damage to the kidneys or the loss of both kidneys. |
| Kidney (c) | £30,770 to £44,880 | Loss of one kidney but the other isn't damaged. |
| Bowels (b) | Up to £150,110 | Natural function is completely lost and there is a dependence on a colostomy. |
| Bladder (c) | £63,980 to £79,930 | Impairment of bladder control with some pain and incontinence. |
| Female Reproductive System (c) | £56,080 to £71,350 | Cases of infertility in a young person without children. There are no aggravating features or sexual dysfunction. |
| Male Reproductive System (d) | £56,080 to £71,350 | A case of sterility that is uncomplicated. There is no impotence or other aggravating features. |
| Digestive System (b) (i) | £38,430 to £52,500 | Severe toxicosis leading to acute pain, vomiting, diarrhoea, and fever that requires hospital admission. |
| Digestive System (b) (ii) | £9,540 to £19,200 | Serious but short-lived illness with diarrhoea and vomiting. Symptoms will diminish over a period of 2-4 weeks. |
| Deafness/ Tinnitus (c) | £31,310 to £45,540 | Complete hearing loss in one hear. |
| Spleen (a) | £20,800 to £26,290 | The spleen is lost and there is an ongoing risk of internal infections due to a damaged immune system. |
Medication Errors in Elderly Care – What Other Damages Could Be Claimed?
Special damages are a second head of claim relating to financial losses brought about by the harm you suffered due to medical negligence. They can help you recoup:
- Lost earnings, past and present
- Medical expenses
- Travel costs
You will need evidence to support these losses, such as payslips and receipts.
To find out more about the compensation you could receive after making a successful medical negligence claim, get in touch on the number above.
How Our Panel of No Win No Fee Solicitors Could Help You
A No Win No Fee solicitor could offer you a type of agreement known as a Conditional Fee Agreement (CFA).
By using this agreement, you will not usually have to pay for a solicitor’s services if your claim fails.
Instead, your solicitor will take a success fee if your claim succeeds. This is taken from your compensation. However, it’s worth noting that this fee is subject to a legal cap.
Contact Us Today For A Free Consultation
For more information regarding claims for avoidable harm caused by medication errors in elderly care, get in touch with an adviser. They will listen to your circumstances and, if they find your claim is valid, may pass you onto one of the solicitors from our panel. To learn more, you can:
- Call on 0800 408 7827
- Contact us via the form on our website
- Speak with an advisor via the live chat function below.
Learn More About Claiming for Medication Errors in Elderly Care
Below, we have provided some additional resources that you may find beneficial:
- GOV – NHS Constitution for England
- NHS – Medicines Information
- Care Quality Commission – Report A Concern
- How To Report Medication Errors
- The Main Causes Of Medication Errors And How To Claim Compensation
- Medication Errors In Paediatrics And Children’s Healthcare
We hope this article has provided useful information about claiming following medication errors in elderly care that caused you unnecessary harm. Contact our advisers if you have further questions.
Guide by NF
Editor NM