By Megan Crowley. Last Updated 12th January 2023. This guide will explore when you might be eligible to claim following medication errors in healthcare that have caused you avoidable harm.
A guide on medication errors in healthcare
Medically trained professionals have a responsibility to provide you with the correct standard of care.
If they provide care that falls below the expected standard, it could lead to harm being caused. We will provide examples of how medication errors could occur later on in this guide.
Additionally, this guide will explore the compensation you could receive and the different resources that may be used to calculate the settlement you could potentially be awarded.
If you need any further information, our team of advisors can offer free legal advice on your potential claim. To get in touch, you can:
- Call us on 0113 460 1216
- Contact us via our website
- Talk to one of our advisors via our live chat feature
Select A Section
- Medication Errors In Healthcare – What Are They?
- Examples Of Medication Errors In Healthcare
- Medical Negligence Payouts – How Much Could I Receive From A Claim?
- Medical Negligence Claims – Medical Negligence In The UK
- What Evidence Could I Use To Claim For Medication Errors In Healthcare?
- No Win No Fee Solicitors – Why Use Them?
- Learn More About Making A Medical Negligence Claim
Medication Errors In Healthcare – What Are They?
A medication error is known as a Patient Safety Incident involving an error with the process of:
- Prescribing;
- Preparing;
- Dispensing;
- Administering;
- Monitoring;
- Giving advice on medicines.
Medication errors in healthcare can occur in various medical settings, including your doctors surgery, the hospital, a private medical facility and the dentist. Additionally, in some cases, they could occur in care homes.
However, not all instances of medication errors can form the basis of a valid claim. You would need to prove that medical negligence caused you harm. For more information, call our team on the number above.
Examples Of Medication Errors In Healthcare
Below, we have provided some examples of how medication errors in healthcare can happen:
- Dosage error: The doctor in a hospital may prescribe you a dosage higher than what you should have. As a result, you suffer symptoms of an overdose.
- Administering medication incorrectly: A nurse may administer medication that was meant be taken orally, intravenously.
- Drug reaction: Your doctor may fail to check your medical notes before prescribing you with medication. As a result, they give you medication that causes a reaction with medicine you’re currently taking.
- Prescription error: A pharmacist may make a mistake when processing your prescription. As a result, you are given the wrong medication that was meant for another patient.
Speak to one of our advisors today, if you need any further advice on the different types of medication errors in healthcare and when a claim for harm you sustained due to medical negligence could be justified.
Medical Negligence Payouts – How Much Could I Receive From A Claim?
The settlement you receive following a successful medical negligence claim could comprise two heads. These are:
- General damages: This provides compensation for the pain and suffering you have sustained due to the harm you sustained as a result of medical negligence. Consideration is given to the impact on your quality of life and the severity of the harm you sustained.
- Special damages: This head of claim provides compensation for the monetary losses you incurred due to the harm you suffered as a result of medical negligence. You will need evidence of these losses to claim them back. For example, if you lost earnings due to requiring time off work, you should provide payslips to highlight this financial loss.
Legal professionals, such as solicitors and lawyers, can refer to a document containing compensation brackets for different types of harm. This document is called the Judicial College Guidelines.
We have included figures from these guidelines in the table below. However, legal professionals may also refer to other resources such as medical reports that detail the full extent of the harm you sustained. As such, you should only use the figures in the table as a guide.
| Type of Harm | Description | Amount |
|---|---|---|
| Bowels (b) | Due to the total loss of the bowel's natural function, the person may depend on a colostomy. | Up to £150,110 |
| Bladder (b) | The person has suffered a complete loss of the bladder's control and function. | Up to £140,660 |
| Bladder (c) | The person experiences some pain and incontinence due to the serious impairment of the bladder's control. | £63,980 to £79,930 |
| Epilepsy (b) | Established Petit Mal - Whether medication can control attacks, the prognosis and the effect on daily life will affect how much is awarded. | £54,830 to £131,370 |
| Lung Disease (c) | A disease such as emphysema, that impairs breathing with the person coughing frequently. | £54,830 to £70,030 |
| Kidney (b) | The risk of developing a urinary tract infection in the future is significant. | Up to £63,980 |
| Kidney (c) | One kidney is lost. The other kidney has not been harmed. | £30,770 to £44,880 |
| Digestive System (b)(i) | Acute pain, diarrhoea and vomiting caused by severe toxicosis. For a few weeks, the person will be admitted to hospital. | £38,430 to £52,500 |
| Digestive System (b)(iv) | For a few days or weeks the person will suffer from cramps, diarrhoea and disabling pain. | £910 to £3,950 |
| Spleen (b) | The risk of ongoing internal infection is minimal. | £4,350 to £8,640 |
For more information on the compensation you could receive following a claim made after medication errors in healthcare, call us on the number above.
Medical Negligence Claims – Medical Negligence In The UK
When making a claim for medical negligence in the UK, you must be able to prove that you suffered unnecessary harm due to a healthcare professional breaching their duty of care.
All private and public healthcare professionals have a duty of care that they must uphold. As part of this, they must ensure that you receive the correct standard of care. For example, a medical professional should take any symptoms you describe to them seriously and discuss any potential risks before starting you on any new treatments.
If a medical practitioner has breached their duty of care, causing you to suffer harm, you could potentially make a claim. In the next section, we will share some of the evidence that could be gathered to help support UK medical negligence claims.
Contact our advisors today if you have any questions about making a claim for medical negligence or for some advice concerning your particular claim.
What Evidence Could I Use To Claim For Medication Errors In Healthcare?
In terms of evidence for your claim, there are several different forms that you can use to strengthen your claim. For example a copy of your medical records, such as hospital or doctor reports and prescriptions.
Additionally, you may be asked to attend an assessment that’s completed by an independent medical professional. They can assess the full extent of the harm you sustained. The report they produce can be used to help solicitors when valuing your claim.
This is not an exhaustive list. For more information, please get in touch with our team. They can advise on whether a claim could be made after medication errors in healthcare caused you harm and evidence you can collect to strengthen your case.
No Win No Fee Solicitors – Why Use Them?
If you’re eligible to pursue compensation, the medical negligence solicitors from our panel may offer you a No Win No Fee service. You can use this service to pay for legal assistance without having to pay any upfront costs.
No Win No Fee is an umbrella term for different types of arrangements. We have explored one called a Conditional Fee Agreement (CFA).
As per a CFA, you generally won’t need to pay for the services provided by your solicitor if your claim is unsuccessful. If your claim fails, a success fee is deducted from your compensation. However, the fee is capped by law. Your solicitor will discuss this in further detail before your claim proceeds.
If this is a service you are interested in using, then speak to one of our advisors today. They could assign your case to a solicitor from our panel who offers their services on this basis.
Ask Us About Claiming After Medication Errors In Healthcare
We hope the information in this guide on medication errors in healthcare has helped. However, if you have any other questions, you can contact our advisors. To get in touch, you can:
- Call us on 0113 460 1216
- Contact us via our website
- Talk to one of our advisors via our live chat feature
Learn More About Making A Medical Negligence Claim
Below, we have provided some useful links for you to have a read through.
- Never events compensation claims
- Medication errors – How do I report them?
- Could I claim compensation for prescription errors?
- Can I Claim For Hospital Medication Errors?
- Medication Errors By Nurses – Could I Claim?
- NHS Resolution – Annual report statistics
- GOV – NHS Constitution for England
Thank you for reading our guide on making a claim following medication errors in healthcare. If you have any other questions, please get in touch on the number above.
Writer Lizzie Winstone
Editor Meg Martin
