Medication Errors by the NHS – Can I Claim?

You may be wondering “how could medication errors by the NHS occur?” and “could I claim compensation for harm caused by a medication error?”. If so, this guide could help.

Medication errors refer to errors that occur when medication is being prescribed, transcribed, dispensed, administered or monitored. In order to claim, you would need to show that it occurred because of a breach of duty of care and caused you harm that the right level of care would have avoided. This is the case regardless of the type of medication error that caused you harm. 

Medication errors by the NHS

Medication Errors by the NHS – Can I Claim?

This guide will look at how medication errors can occur in healthcare environments. We’ll also look into how you can be affected by these errors and the compensation that you could be eligible to receive if you made a successful claim. 

We also have a team of experienced advisors that can answer any questions that you have about making a claim following harm caused by a medication error. If your case is valid, you could be connected with a solicitor. To get in touch:

  • Contact us through our online contact form
  • Call us on the number at the top of this page
  • Talk to us through our live chat

Choose A Section

  1. What Could Potential Medication Errors by The NHS Be?
  2. Medication Error Examples
  3. Medical Negligence Claim – What Potential Compensation Could I Receive?
  4. What Evidence Do I Need In A Medical Negligence Claim?
  5. Why Use No Win No Fee Solicitors?
  6. More Information About How To Claim For Potential Medication Errors by The NHS

What Could Potential Medication Errors by The NHS Be?

Medication errors can cause harm to patients. If you sustained avoidable harm because the medical professional breached the duty of care that they owed you, you may be entitled to claim.

All medical professionals owe a duty of care to their patients. They need to ensure that the care they provide doesn’t fall below a minimum standard. If it does, and this causes an injury, illness or worsening of their condition, then this is an example of medical negligence.

Sometimes, you may experience harm as a result of medication despite the medical professional adhering to the duty of care you owe. For example, you might have an unknown allergy to the drugs you are prescribed that your doctor had no way of knowing about.

Furthermore, sometimes harm is a necessary part of treating a condition. You may be given a prescription of a drug that makes you nauseous but it’s necessary in treating another condition that you’re suffering from. In each of these scenarios, you’d be unable to claim, as the harm you experienced was not caused by a breach of duty of care.

If you have questions about how potential medication errors by the NHS could occur, speak with an advisor today. 

Medication Error Examples

Below, we have included some examples of potential causes of medication errors that could cause harm: 

  • Your doctor mixes up the names of two medications and prescribes you one that is ineffective in treating the condition you have. As a result of taking the wrong medication, your condition gets worse. 
  • One of the nurses in a hospital fails to check your medical records and administers a drug that you have a known allergy to. This hospital medication error means you need to remain in hospital for much longer than you would have.
  • You’re given a drug that you should have been given orally through an IV. This means it’s ineffective. This could be an example of a never event.

Speak to one of our advisors today if you need more information about how medication errors by the NHS could potentially occur. 

Medication Errors by the NHS – How Often Do They Happen?

The statistics on medication errors in the NHS show that over 237 million errors with medication occur in the NHS in England every year. It’s estimated that these errors cost the NHS more than £98 million each year, and result in the loss of 1700 lives. 

Around half (54%) of these errors occurred at the point of administration. Around 21% occurred during prescribing, and 16% in dispensing.

For guidance on the impact that medication errors can have, including how claims for deaths from medication errors could be made, speak with our team today.

Medical Negligence Claim – What Potential Compensation Could I Receive?

The compensation you could receive from a claim could be made up of two heads. The first of these is called general damages. 

General damages cover the pain and suffering that medical negligence has caused you to experience. This covers both physical and mental injuries. 

The Judicial College produces guidelines used by legal professionals to help solicitors and lawyers assess the injuries claimants have suffered. We have created the table below using some of these guidelines for illustrative purposes. 

Types of injuriesCompensationDescription
Kidney (a)£169,400 - £210,400Permanent damage to both kidneys.
Kidney (b)Up to £63,980Risk of urinary tract infection or total loss of the natural function.
Kidney (c)£30,770 - £44,880Damage that has resulted in the loss of one kidney.
Bladder (a)Up to £184,200
Double incontinence with other complications.
Bladder (b)Up to £140,660No control or function of the bladder.
Bladder (c)£63,980 -
£79,930
Impaired control, pain, incontinence.
Bladder (d)£23,410 -
£31,310
Recovery near complete but function interfered with long term.
Bowels (b) Up to £150,110
Complete loss of natural function.
Spleen (a) £20,800 -
£26,290
Loss of spleen causing risk of internal infection as immune system damaged.
Spleen (b)£4,350 - £8,640There are little or minimal risk of internal infection.

However, please only use these figures as a guide as they do not represent a guarantee of the amount you could receive. The actual settlement that could be awarded to you may vary depending on several factors specific to your case.

What Else Could I Get Compensation For During a Medication Error Claim?

You could also receive special damages in a medical negligence claim. These damages aim to reimburse you for any financial losses that you have experienced as a direct result of medical negligence. 

The forms that special damages can take are as follows: 

  • Travel expenses (for example to get to and from medical appointments)
  • Loss of earnings if you have had to take time off work 
  • Home modifications due to accessibility issues. For example, if you’re left disabled, you might need to have a stairlift installed in your home. 

We have a team of advisors available to provide support and answers to any questions you may have about special damages. They can also answer questions such as “can medication errors by the NHS form the basis of a claim?” and “how long could my medical negligence claim take to conclude?”. 

What Evidence Do I Need In A Medical Negligence Claim?

Evidence is an important part of any claim. You can use it to show that medical negligence has occurred and demonstrate how it has affected you. Furthermore, you could use it to support a claim for special damages.

Below, we have included examples of evidence that could be used:

  • Obtaining your medical records. This could show the medication error that occurred, as well as the impact it has had or is expected to have on your health. It could also outline any treatment you may require. 
  • If you report the medication error and receive a response from the relevant provider, this could be used to support your case.
  • Contact details of witnesses. This is so that they can provide a statement at a later date. 
  • A diary of your symptoms. This could demonstrate how you have been affected by the medication error and the impact it has had on your quality of life. 

Please speak to us today for more information about how evidence can be used to strengthen potential claims for medication errors by the NHS.

Why Use No Win No Fee Solicitors?

If you work with a solicitor from our panel, you could be offered a No Win No Fee agreement. Specifically, you could be offered a popular form of this kind of agreement, called a Conditional Fee Agreement. 

Below, we have outlined some of the benefits that a Conditional Fee Agreement could offer:

  • Typically no fees due to your solicitor in order for them to start your claim or as your case progresses.
  • Generally, nothing to pay them for their services in the event of an unsuccessful claim.
  • Just a legally-capped success fee to pay them for their services if you’re awarded compensation. This is taken from your settlement by your lawyer before it reaches you.

You may want to know more about potential claims for medication errors by the NHS claim. If this is the case, or if you would like to find out further information about No Win No Fee agreements, speak with us today.  

Contact Us For Free Today To See If You Can Claim

If the information in this guide has been useful to you or inspired you to begin the claims process for a medication error by the NHS. 

  • Contact us through our online contact form
  • Call us on the number at the top of this page
  • Talk to us through our live chat

More Information About How To Claim For Potential Medication Errors by The NHS

Below, we have included examples of more of our guides that you could find useful:

We’ve also included some additional resources for your reference:

Please speak to one of our advisors today if you still have questions such as “could potential medication errors by the NHS form the basis of a claim?”.

Writer Lizzie Winstone   

Publisher Fern Smith