Medication error claims

It does take time to investigate your case properly to ensure we achieve the best possible outcome for you. Each case is unique and we will need to obtain copies of your medical records, dispensing and other relevant paperwork.

We also need to prepare witness statements and obtain independent medical reports to establish if your treatment has been negligent. If it has, we must then determine what harm you have suffered as a result of that negligence.

We must get an independent medical opinion about your current condition, what assistance you need immediately and what help you are likely to require on an ongoing basis. These things could all form part of your compensation claim. We would also need to take account of the financial losses you have incurred as a result of the negligence, such as lost earnings if you cannot return to work.

All this takes time, but is vital to properly assess and investigate your claim and recover the maximum amount of compensation to which you’re entitled. The attitude of the other side also influences how long a claim may take to settle.

Cases in which liability (i.e. fault) is admitted settle faster than if liability is denied.

Many claims settle through negotiation (sometimes even if liability is denied), but sometimes these cases can and do go to Trial. We can in certain cases obtain interim payments to fund any immediate needs that you might have as a result of the negligence.

Medication errors can happen in many ways, and you may still have a claim even if the mistake seems small.

Examples include being given the wrong drug or dose, receiving medication intended for another patient, being prescribed a drug you were known to be allergic to, or being given medicines that interact dangerously. Errors can also happen with repeat prescriptions if your medication is renewed without proper review.

If you are unsure whether your experience counts as a medication error, we can talk it through.

In order to make a successful compensation claim for an injury caused by a prescription or medication error, it will be necessary to prove that those involved in prescribing or dispensing the drug to you were negligent (e.g. gave you the wrong drug or too high a dose of the right drug) and that you suffered harm or injury as a direct result.

Negligence on the part of a doctor, nurse or pharmacist could be established if the standard of care that they provided was below that which you could reasonably expect of similar professionals in that area. For example, a doctor or nurse could potentially be negligent if they gave you medication when your medical records showed you had a known allergy to that medication and as a result of taking the medication you had a severe reaction.

Other cases of potential negligence might exist where a doctor or nurse fails to check if the medication given will have an adverse effect when combined with any existing drugs that you might be taking, or where a chemist or pharmacist may not notice that the medicine they dispensed was the incorrect dosage for you and your condition. Every case will turn on its own specific facts.

Whatever the cause of the mistake, if you believe that you may have been the victim of a prescription or medication error, then the most important thing to do, first and foremost, is to seek medical help.

In most cases, you have three years from the date of the medication error – or from the date you became aware that the error caused your harm – to make a claim. It is important not to leave it too long, as gathering evidence and building a thorough case takes time.

If you are unsure whether you are still within the time limit, speak to us as soon as possible. There are some exceptions to the three-year rule, and we can advise you on your specific situation.

We will gather the evidence needed on your behalf, including your medical records, prescription information and any relevant documentation. This helps us understand how the error happened and the impact it has had on your health.

We also work with independent medical experts who can review your care and provide an opinion on whether the treatment you received fell below a reasonable standard.

The most important thing you can do is to seek medical advice if you have not already done so, and to keep a simple record of how your health has been affected.

Possibly. If you were partly responsible – for example, if you did not disclose relevant information about your medical history – this may affect your claim, but it does not necessarily prevent you from making one. This is known as contributory negligence, which means that the compensation awarded may be reduced to reflect your share of responsibility. We will give you honest advice about how this applies to your situation.

We will handle every part of the legal process on your behalf, keeping you informed at every stage in plain, clear language. If your case involves serious or ongoing harm, we will also look at whether interim payments can be secured to cover your immediate needs while your claim is underway.

Where appropriate, we can help you access the right medical care and rehabilitation support as early as possible – so you are not waiting until the end of your claim to get the help you need. Our goal is to make the process as straightforward as possible for you, so you can focus on your recovery.

Alongside our work on medication error claims, Fletchers is helping patients and their families affected by the over prescription of opioids at Parson Drove Surgery in Wisbech. If you have been affected, our group action page explains how we may be able to support you.