Medication Error Compensation

If you or a loved one have suffered due to the side effects of drugs administered by a medical professional, it is likely your life has changed considerably as a result.

The emotional and physical impact of such an incident can have significant repercussions, and potentially lead to severe health problems.

While the majority of doctors prescribe medication for illness without consequence, mistakes do occur, and if a patient takes the wrong medication, they could suffer serious consequences. Patients should be able to trust that they have been given the correct medication by their doctor or pharmacist, but should always check the packaging, contents and leaflet included with all medicines before taking it.

If you have been given the wrong medication, and your health has suffered as a result, you may be able to make a claim for compensation. To discuss your circumstances with a solicitor, contact our team of experienced legal professionals, who have a great deal of expertise in this area, and will be on hand to support you every step of the way.

For more information, call us on 01484 821 500, sent us an email to PICN@ramsdens.co.uk, or fill out an online contact form to arrange a time for us to call you back.

How can Ramsdens help with your medication and prescription error claim?

Claiming compensation after a traumatic incident can be incredibly daunting, and the complicated nature of such cases can put people off. However, at Ramsdens, we are dedicated to helping you get the support you deserve after this difficult time.

We will provide advice in clear and simple language and will explain the process from start to finish, taking the pressure off you and your family.

It’s important to be aware that there are strict time limits in place to make any clinical negligence claim; therefore, it is advisable that you speak to a legal professional as soon as possible after it has become apparent that you have been affected by a drug’s side effects.

Types of medication errors

Unfortunately, there are many ways in which a patient can end up taking the wrong medication, which can have a significant impact on their health and wellbeing, with extreme cases often leading to death. These errors can occur at any stage of the treatment process, from prescription to administration.

The most common cases of this nature include:

Administration of two or more medicines that shouldn’t be taken together
Medication prescribed for too long
Medication supplied that the person is allergic to
The wrong dosage being prescribed

While this list covers the most common cases we have dealt with, your circumstances may be different. If you believe you have suffered due to the side effects of drugs administered by a doctor, you may be entitled to claim compensation - and we are here to help you.

How to identify a medication or prescription error

Identifying a medication error often begins with noticing unexpected changes or reactions after starting a new medication. Signs can include new or worsening symptoms, adverse reactions, or a lack of improvement in the condition being treated. It's crucial to be vigilant and proactive in understanding the medications you are prescribed.

Here are some steps to take if you think you have been given and taken the incorrect medication:

Review your medication: make sure you understand what each medication is for and how it should be taken. Check for any discrepancies between what you have been told by your healthcare provider and the information provided with the medication.
Monitor your health: pay close attention to how your body reacts after taking medication. Any unusual or severe reactions should be reported to a medical professional immediately.
Document your experience: keeping a detailed record of all medications, dosages, and any side effects or reactions is important. This documentation can be invaluable in establishing the occurrence of a medication error and forming the basis of your claim.
Seek professional advice: if you suspect a medication error, consult a healthcare professional as soon as possible. They can review your medications and health status to determine if an error has occurred.

Can I claim compensation for a medical error?

Eligibility for compensation in cases of medical errors hinges on two key criteria:

Proof of negligence: you must be able to establish that a healthcare professional failed to provide the standard of care expected, leading to a medication error. This could involve prescribing the wrong medication, incorrect dosage, or failing to consider allergic reactions or drug interactions.
Evidence of harm: you must provide clear evidence that the negligence directly resulted in harm, injury or worsened existing health conditions.

In simple terms, to claim compensation for a medical error, you must demonstrate that the healthcare provider's actions deviated from accepted medical standards, causing significant harm or deterioration in health.

The process of making a medication error claim

In the beginning, the process of making a medical negligence claim for medication and prescription errors can appear daunting and confusing - but it doesn’t have to be. With guidance from Ramsdens, you can be confident that you will be able to get through the entire process with a legal expert at your side.

Here is a general overview of the key points in making a claim:

Initial consultation: contact Ramsdens for a confidential discussion about your situation. Our medical negligence team will listen to your story, offer initial advice and outline the potential paths for your claim.
Gathering evidence: we help you collect all relevant medical records, documentation of the medication error, and any evidence of the impact it has had on your health. One important part of this is getting a medical assessment, which you will need to undergo to create the medical evidence required to prove the impacts of your prescription error.
Making the claim: when we have built a strong argument as to why you deserve prescription error compensation, we will submit the claim to the responsible party to formally initiate the legal process. We will handle all communication between you and the other party so you can focus on your recovery.
Negotiation: most medical negligence claims, including those for errors in prescribing medication, are resolved in the negotiation and mediation stages. We will discuss your compensation amount with the other party to secure the payout you require. In the rare instance that this is unsuccessful, we will bring your claim before the court and represent you.

We understand that every claim is unique, and our approach is tailored to each individual's circumstances. We focus on clear communication, simplifying complex legal terms, and providing regular updates. Our goal is to make the claims process as straightforward and stress-free as possible for you.

How much compensation for wrong medication can I claim?

The compensation you may be able to claim for medication errors varies depending on several factors, including the severity of the impact on your health, the duration of suffering, and any long-term consequences. Ramsdens provides expert advice to help you understand what compensation you may be entitled to.

In cases where the effects of the medication error are temporary and reversible, compensation typically covers medical expenses, lost earnings, and pain and suffering. For more serious incidents, where long-term health has been affected, compensation might also include long-term care costs, loss of future earnings, and compensation for life-altering changes.

While each case is unique, Ramsdens ensures that every client has the best chance to receive the maximum compensation they are entitled to. We base our approach on a detailed analysis of the impact of the error and your specific circumstances. While we understand that making a claim can add stress to what you are already dealing with, compensation can have a significant effect on your recovery, and we want to make sure you get this.

Why choose us?

Ramsdens has been operating across various sectors of law for over 150 years, and our medical negligence team brings decades of legal expertise to the table. Our reputation as an award-winning, full-service law firm is built on a foundation of extensive experience and a deep understanding of our clients' needs.

We pride ourselves on understanding and meeting our clients' expectations - a commitment that is reflected in our high client satisfaction rates. With 99% of our clients satisfied with our overall performance and 98% willing to recommend our services, our dedication to client care is clear.

As with every medical negligence case, we offer a 'no win, no fee' agreement for our medication and prescription error claims. This arrangement, also known as a conditional fee agreement (CFA), allows clients to pursue medication error claims without bearing the initial legal costs. If a claim is successful, our fees are calculated as a percentage of the awarded compensation, known as the 'success fee'. This approach, coupled with our free, no-obligation initial consultation, ensures that our services are accessible to all, regardless of their financial situation.

In choosing Ramsdens, you opt for a firm that combines deep legal knowledge with a client-first approach, all underpinned by a policy that ensures access to justice for everyone. If you have experienced a medication error and are considering a claim, Ramsdens is ready to provide the support and guidance you need at every step.

FAQs about medication and prescription error compensation claims

What qualifies as a medication error?

A medication error involves any mistake in prescribing, dispensing or administering medication. This can include wrong medication, wrong dosage, or providing medication that causes adverse reactions due to allergies or interactions with other drugs.

How do I know if I have a valid medication error claim?

If you have suffered health issues as a direct result of a medication error, you likely have grounds for a claim. If you find yourself in this situation, call us as soon as possible for legal advice. The sooner you get in touch with us, the better your chances to claim compensation.

How long do I have to make a medication error claim?

The time frame for making a medication error claim is typically governed by a legal principle known as the 'limitation period'. In most cases, this period is three years from the date of the medication error or from the date when you first became aware that your injury or health issue was linked to the medication error. This is known as the 'date of knowledge'.

However, there are some exceptions to this rule:

For children: if the person affected by the medication error is a child, the three-year limitation period does not start until they turn 18. In practical terms, this means a claim can be made by their parent or a carer on their behalf at any time up until the age of 18. After this, the child has until the age of 21 to bring their own prescription error compensation claim.
For mental capacity: if the person affected lacks mental capacity, there may be no time limit for making a claim, as long as they remain incapacitated.
Special circumstances: in certain rare circumstances, the court may extend the limitation period. This is usually in cases where the full extent of the damage caused by the medication error was not immediately apparent.

Seek legal advice as soon as you suspect a medication error to ensure your claim is filed within the legal time limits. Delaying can risk the eligibility of your claim.

How long will my medication error claim take?

The duration of a medication or prescription error claim can vary widely based on the case's complexity, the evidence available, and how the negotiations with the responsible parties progress. Simple cases may resolve within a few months, while more complex ones could take years. We will do everything we can to resolve your claim efficiently without compromising on how much compensation you will claim.

What is medical negligence?

Medical negligence, often referred to as clinical negligence, occurs when healthcare professionals provide care that falls below the accepted standard, leading to harm or injury to the patient. This can include medication errors, misdiagnosis, surgical errors, and inadequate patient care.

What are the chances of success when making a medication error claim?

The success of a medication or prescription error claim depends on the strength of the evidence linking the negligence to the harm caused. Strong, well-documented cases where negligence and resultant harm are clear tend to have higher chances of success. At Ramsdens, our experienced team will evaluate your case, provide an informed perspective on its potential success, and help you to identify and gather all of the necessary evidence you will need.

CONTACT RAMSDENS

At Ramsdens, we understand that making a claim can be daunting, but we’re dedicated to ensuring that you receive the compensation you deserve. If you have suffered due to the negligence of a medical professional, start your claim today.

Contact us by calling 01484 821 500, email us at PICN@ramsdens.co.uk or fill out our online enquiry form and we will be in touch.