Prescription Error Claims

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Prescription Error Claims

If you or a loved one have suffered as a result of a prescription error, compensation could help you to improve your quality of life and cover the costs associated with any medical issues you have endured. JMW is highly experienced with cases of this type and can help you to prove that the treatment provided was the cause of your reaction. 

Our clinical negligence solicitors are widely recognised across the UK for our unrivalled service and dedication to our clients. Headed by leading solicitor Eddie Jones, the team includes members of the Law Society’s specialist panel of clinical negligence solicitors. 

Contact us today to start your drug side effect or prescription error clam by calling 0345 872 6666 or complete our online enquiry form and we will be in touch at a time that is convenient for you. We can handle cases on a no win, no fee basis. 

How JMW Can Help

Most people who are admitted to a hospital or visit their GP are administered medicine in some form. There is, therefore, always a danger of mistakes being made - such as an administrative error or the misinterpretation of instructions passed from one medical professional to another - and the consequences can be very severe, in the eyes of the law this could be seen as GP negligence.

Our expert solicitors will be able to offer you initial advice on the legal implications of your medical issue and outline the entire process of making a claim in an easy-to-understand manner. Because this area of the law can often be complicated and requires research and expert analysis, only the best solicitors should be instructed to handle your claim. 

At JMW, our clinical negligence solicitors have extensive expertise in successfully recovering compensation for clients who have suffered from drug side effects. For more information on how to prove medical negligence, read our guide.

There are various medical negligence cases involving drug side effects in which JMW specialises and these include:

  • Dose errors which lead to the patient being given too much or too little
  • Toxicity (including Gentamicin toxicity)
  • Allergies being ignored 
  • Drug interactions
  • Dispensing errors
  • Monitoring errors

We are able to deal with many clinical negligence claims using no win, no fee arrangements. Speak to us today to find out how our expertise can help give you the very best chance of being successful with your prescription error claim.

What Our Clients Say

FAQs About Prescription Error Claims

Can I make a prescription error compensation claim?

If a mistake is made either when a doctor prescribes medication or by a pharmacist dispensing medication, this can lead to serious consequences to your health and wellbeing. There is the risk of an allergic reaction or medications interacting in dangerous ways. It is also possible that the original illness or injury will get worse without the right medication at the right dosage level.

If you have experienced harm due to a prescription error caused by a doctor or pharmacist's medical negligence, you will usually be entitled to claim compensation.This is important for several reasons, the first of which is that compensation can offer vital support to your recovery. Some medical negligence leads to disabilities or conditions that require long-term care. Compensation will help to cover these costs and make sure you get everything you need to maximise your quality of life.

Compensation can also pay for any private medical treatment you need during your recovery, and any medical devices or adaptations to your home. It will account for any pain and suffering you experienced due to the mistake, and ensure that the medical professionals responsible are held to account.

What should I do if I suspect a prescription error?

If you suspect a medication error (whether the incorrect medication, the wrong dosage or something else) you should not take any of the medicine you have been given. You should always verify your prescription details against the medication you received, including the medication name, dosage and instructions, before taking any. If any of the medication has already been taken, monitor for any adverse effects and seek medical attention immediately if any unusual symptoms or side effects arise. If taking the wrong medication results in a medical emergency, call 999 for immediate help. You can also call the NHS on 111 for advice and guidance in non-urgent situations.

Before you take any of the medication, reach out to the doctor who prescribed it to confirm the prescription details. This will help to verify whether the problem was a dispensing error or a prescribing error. You can also speak with the pharmacist who dispensed the medication. They can check the prescription and the medication dispensed to identify any discrepancies. Bring the medication and any documentation as, if the mistake was theirs, the pharmacist may be able to correct any errors and provide the correct medication if necessary. If the problem occurred when prescribing medication, only a doctor or nurse will be able to resolve the issue and prescribe the correct drug for you.

If the pharmacist confirms they made an error, consider reporting the issue to the pharmacy’s head office or the General Pharmaceutical Council (GPhC). Reporting a situation to the GPhC can create evidence that will support a medical negligence claim, and can help to prevent future errors and improve the quality of service. In serious cases - for example, where there are risks of allergic reactions due to medication errors - reporting the incident is vital.

The final aspect to consider is keeping a record of the incident, including the details of the prescription, the medication received, and any communications with healthcare professionals. This can support any legal action you wish to take and will also support the resolution of the problem. To avoid future prescription errors, always double-check the medication at the point of collection, ask questions if anything seems unclear, and ensure healthcare professionals have accurate and up-to-date information about you.

How much compensation will I receive?

It is impossible to say how much compensation claims for prescription errors are worth, because every situation is different. Compensation is designed to help you in your recovery and, if necessary, adjust to new life circumstances. As such, there are several factors that affect the calculation, including the circumstances - whether you took the wrong medication or an incorrect dosage, or did not receive your prescribed medication when you needed it - and the effects on your health.

Prescription error compensation will also account for your needs moving forward. This might include adaptations to your home or medical devices, if you are living with a disability due to a mistake involving prescription medication.

A prescription error and its consequences can have serious emotional and psychological side effects. Our solicitors will consider every factor when evaluating prescription error compensation claims to make sure you receive the maximum amount that you are entitled to.

How long do I have to file a prescription error claim?

There are always time limits for medical negligence claims. For prescription error compensation claims, you have three years from the date that the negligence occurred to start the claims process. In some cases, this time limit may start from the point that you realised that negligence caused you harm, or the point when you should have realised this.

If someone is under 18, their parents can make a prescription error claim on their behalf at any time before they turn 18. After that, the three-year time limit will begin. If the person does not have the mental capacity to make decisions on their own behalf, there may be no time limit for the claim to begin.

What evidence is needed to support a prescription error claim?

There are several types of evidence that can help prove you were given the wrong medication, incorrect dosage instructions or an incorrect prescription. The first is the prescription itself, and you should keep a copy if you suspect you have been given the wrong prescription or medication. Document your experiences, especially if you experience side effects or symptoms after taking your medication. If there are physical symptoms, take photographs and write down how the experience made you feel.

Your solicitor will want to review your medical records, and we may arrange for an independent expert to review the data. This can help to show that the negligence you experienced did not meet the standards expected of a competent doctor or nurse. We may collect witness statements from people involved in the process, or people who know you well and can talk about the ways you were affected after you received the wrong type of medication.

Seek specialist legal advice from our medical negligence team, and we can discuss the specific types of evidence you may need. We can also help you to gather evidence and build your case, so you can have the highest chance of a successful claim.

How long do prescription error claims take to resolve?

The timeline for a prescription error compensation claim varies significantly. In some cases, the NHS trust or insurance company of the negligent doctor or nurse may accept liability straight away, at which point negotiations about compensation amounts can begin. If they deny liability, the case may go to court, and this can be a much longer process. Our medical negligence specialists will represent you in court and present your case to give you the best chance at the compensation you deserve.

Compensation can offer a lot of support during your recovery. If you need help straight away, your solicitor may be able to apply for interim payments. This means you will receive part of your compensation award early, so you can make the most of your recovery.

How much does it cost to hire medical solicitors for prescription error claims?

At JMW, we take on most prescription error claims under a conditional fee agreement, which is also called a 'no win, no fee' claim. It means that we will work to secure the compensation you deserve without any financial risk to you.

By taking out insurance with our recommended provider, all your legal costs are covered in the event that your case is unsuccessful. If it is successful, the majority of your legal fees are covered by the other side, with only a capped amount to be taken from your compensation, which will be discussed in detail with you at the start of the case.

This can help to make a prescription error claim more cost-effective, and ensure everyone has the same access to the justice they deserve.

Talk to Us

To get in touch with the clinical negligence experts at JMW and discuss launching a drug side effect and prescription error claim on a no win, no fee basis, call for free on 0345 872 6666 or complete our online contact form.

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