If you’ve been wrongly prescribed antidepressants due to a breach of duty of care, you may have grounds for a claim. Taking the wrong medication could cause serious physical and mental harm. If you have evidence that a medical professional provided you with an inadequate level of care and caused you avoidable or unnecessary harm, you could be eligible to seek medical negligence compensation.
This guide will discuss the criteria that establish whether medical negligence played a role in your prescription, as well as the evidence that could support your case. Furthermore, we’ll explain the benefits of working with a medical negligence solicitor under a No Win No Fee agreement.
You can also speak to one of our friendly advisors for guidance on claiming for avoidable harm caused by wrongly prescribed antidepressants. For free advice, reach us through the following details:
- Call us at 0113 460 1216
- Contact us using our website form
- Send our advisors a message through the live chat
Jump To A Section
- Am I Eligible To Claim If I’ve Been Wrongly Prescribed Antidepressants?
- How Could I Have Been Wrongly Prescribed Antidepressants?
- Potential Compensation Payouts After Being Prescribed Wrong Medication
- What Evidence Could Help You Claim For Prescription Negligence?
- Our Panel Of No Win No Fee Medical Negligence Solicitors Could Help You Claim
- Learn More About Possible Settlements For Wrong Prescription In The UK
Am I Eligible To Claim If I’ve Been Wrongly Prescribed Antidepressants?
To claim for wrongly prescribed antidepressants, you must demonstrate that a medical professional breached the duty of care they owed you. All healthcare providers owe their patients a duty of care, which means they must deliver an adequate level of care. If the medical professional treating you does not provide the correct standard of care, and you suffer unnecessary or avoidable harm as a result, you may be eligible to make a medical negligence claim.
Not all examples of harm will entitle you to make a claim. In the case of antidepressants, they can sometimes come with side effects that can be unpleasant and harmful. However, in cases where these are appropriately prescribed in accordance with a medical professional’s duty of care, these side effects would not entitle you to make a claim.
Later in this guide, you can read about evidence that could be used to prove a medication error was caused by medical negligence. Alternatively, you can call our advisors to discuss when you can claim for avoidable harm from a medical professional.
How Could I Have Been Wrongly Prescribed Antidepressants?
You could experience antidepressant medication errors for several different reasons. For example:
- A doctor fails to account for an allergy listed in your medical records. If you receive an incorrect prescription based on this error, you could suffer an allergic reaction.
- A nurse or doctor misreads your medical information and prescribes a dose of antidepressants that is too high. This prescription error results in an overdose.
- A GP misdiagnosis occurs because they fail to consider all the symptoms you describe. As a result, you are prescribed antidepressants instead of medication to treat the condition you are actually experiencing.
Contact our advisors today for assistance with your potential claim. Our team is available 24/7 to help.
Is There A Time Limit When Claiming For Prescribing Errors?
It is important to be aware of the time limits for starting medical negligence claims. The Limitation Act 1980 states this is generally three years from the date the incident occurred. Alternatively, it could begin from the date you realised (or should have realised) that medical negligence caused the harm you have experienced, which is referred to as your date of knowledge.
Some exceptions may apply, depending on the circumstances of your claim. For information on the time limits that apply to medical negligence claims, call our advisors today.
Potential Compensation Payouts After Being Prescribed Wrong Medication
The compensation awarded for a successful medication negligence claim could consist of up to two heads of claim. These are general damages and special damages.
Legal professionals use the Judicial College Guidelines (JCG) to help them calculate general damages for medical negligence claims. This head of damages relates to the avoidable physical and psychological harm you sustained after a medical professional breached of duty of care they owed you. Some of the side effects of antidepressants can include feeling and being sick, diarrhoea or constipation and suicidal thoughts. If you don’t require antidepressants but are prescribed them as a result of negligence, then this harm would be unnecessary.
The JCG provides compensation brackets for different forms of harm an individual could experience. The table below reflects these figures. Please note that these are only guidelines.
JCG Compensation Bracket Information
Injuries | Guidelines Brackets | Description |
---|---|---|
(a) Severe Psychiatric Damage | £54,830 to £115,730 | A very poor prognosis results from this type of harm, having a marked effect on daily life and future vulnerability. |
(b) Moderately Severe Psychiatric Damage | £19,070 to £54,830 | Causes significant problems relating to daily life, education and work, though the prognosis is more optimistic than that in the bracket above. |
(c) Moderate Psychiatric Damage | £5,860 to £19,070 | Problems are associated with the ability to cope with life, though there is marked improvement. |
(d) Less Severe Psychiatric Damage | £1,540 to £5,860 | The award level depends on the extent of impact on daily activities and how long the disability persists. |
(b) (i) Digestive System Damage | £38,430 to £52,500 | Severe toxicosis that results in diarrhoea, serious acute pain and vomiting, and which requires hospital admission. |
(b) (ii) Digestive System Damage | £9,540 to £19,200 | Serious discomfort that is nevertheless short-lived. Disturbed bowel function. |
(b) (iii) Digestive System Damage | £3,950 to £9,540 | Hospital admission for significant discomfort, stomach cramps and alteration of bowel function. |
(b) (iv) Digestive System Damage | £910 to £3,950 | Pain, diarrhoea and stomach cramps that last for a period of weeks or days. |
Claiming Special Damages As Part Of Your Prescription Error Compensation
In addition to general damages, you could also seek special damages to recoup the financial losses directly caused by medical negligence. This could include loss of earnings, travel costs and medical bills. To claim for financial losses, you should provide evidence. It is, therefore, a good idea to keep any receipts and financial records that directly relate to your losses.
See below for more information on gathering evidence in support of your claim overall. Alternatively, message our advisors via our live chat to discuss the claims process regarding being prescribed the wrong medication or medication that you did not need at all.
What Evidence Could Help You Claim For Prescription Negligence?
You must be able to show that a medical professional breached their duty of care, resulting in unnecessary harm, in order to make a medical negligence claim. To do this, you can support your claim with evidence. For example, information that could help demonstrate you were wrongly prescribed antidepressants include:
- Your medical records
- A diary of your symptoms, including psychological distress
- Written evidence or photographs of the medications you were prescribed
You might also be invited to attend an independent medical assessment. This will confirm that the way you were impacted was consistent with being wrongly prescribed antidepressants.
A solicitor from our panel may be able to assist with this. For more information, call us using the details on the banner above.
Our Panel Of No Win No Fee Medical Negligence Solicitors Could Help You Claim
A No Win No Fee agreement is a way of funding legal representation. Specifically, the medical negligence solicitors on our panel may offer you a Conditional Fee Agreement (CFA). The terms of this agreement typically mean you don’t have to pay for your solicitor’s services in the following circumstances:
- Before your claim begins
- While the claim is ongoing
- If your claim ends unsuccessfully
If your claim succeeds, your solicitor would instead take a success fee from your award. However, the percentage that they can deduct as this fee is legislatively capped. Under the terms of a CFA, you will always receive the majority of your compensation.
If our advisors feel your claim is valid, they may connect you with one of the solicitors on our panel. Furthermore, our team can provide legal advice during a free consultation using any method that is convenient for you. To learn more about the process of claiming for medical negligence involving wrongly prescribed antidepressants, contact our team today:
- Call us at 0113 460 1216
- Contact us using our website form
- Send our advisors a message through the live chat
Learn More About Possible Settlements For Wrong Prescription In The UK
See below for more information on medical negligence claims:
- Medication Errors – How Do I Report Them?
- Medication Errors in Care Homes – Could I Claim?
- Can You Claim For Wrongly Prescribed Quinine?
You can also use the following links for further reading:
- NHS Constitution For England – UK Government
- Learning From Medication Errors – NHS Resolution, an arm’s length body that deals with clinical claims
- Deciding If It Is Safe To Prescribe – GMC (General Medical Council) information for doctors
If you still have questions about claiming for the harm caused by wrongly prescribed antidepressants, call our advisors today.
Writer Jess Aitch
Publisher Fern Smith