Wrong prescription claims

In most cases, you have three years from the date of the prescription error, or from the date you first became aware that the error caused you harm. This is known as the ‘date of knowledge’.

There are exceptions. If a child has been harmed, a parent or guardian can bring a claim at any time before the child’s 18th birthday. Once they turn 18, they have until their 21st birthday to bring a claim themselves. For individuals who lack mental capacity, different timescales may apply – speak to us and we’ll advise on your specific situation.

If a prescription error resulted in a death, family members typically have three years from the date of death, or from the date the cause of death was confirmed. If you’re unsure whether you’re still within the time limit, contact us and we’ll give you an honest assessment.

Compensation varies depending on the severity of the harm caused, how the error has affected your health and daily life, and what financial losses you’ve incurred. There is no fixed average – each case is assessed on its own facts.

If the mistake caused no actual harm, it may not qualify for compensation. However, if the error led to distress, anxiety, or financial losses – even without a physical injury – you may still have grounds to bring a claim. Speak to us and we’ll assess your situation honestly.

If multiple parties contributed to the prescription error, both may be held liable. Our solicitors will investigate all the circumstances of your case, identify everyone who bears responsibility, and ensure all liable parties are included in the claim.

The timeframe depends on the complexity of the case and whether liability is disputed. Straightforward claims may settle more quickly, while cases involving serious injury or contested liability can take considerably longer. We’ll keep you informed throughout the process so you always know what to expect at each stage.

To build a strong claim, we typically gather:

• Medical records showing your condition before and after the error
• Pharmacy records confirming the incorrect prescription or dosage
• Expert medical testimony from specialists who can assess the impact of the mistake
• Witness statements from people who can confirm your experience
• Financial loss records, including lost earnings, medical costs and ongoing care expenses

You don’t need to have all of this ready before contacting us. We’ll guide you through what’s needed and handle the evidence-gathering process on your behalf.

From your first conversation with us, we’ll take the time to understand what happened and what matters most to you. We’ll explain the process clearly, keep you updated at every stage, and handle the legal complexity so you can focus on your recovery.

If you have questions at any point, our team is here to answer them. We aim to make the process as straightforward as possible, and we’ll always give you honest advice about your case.

We handle a wide range of prescription error claims, including:

• Incorrect dosage – whether too high or too low
• Wrong medication type – prescribed or dispensed in error
• Pharmacy dispensing mistakes, including mislabelled packaging or incorrect instructions
• Failure to check a patient’s medical history, allergies or existing medications
• Harmful drug interactions caused by incompatible prescriptions

If you’re unsure whether your situation qualifies, speak to us. We’ll give you a clear, honest assessment with no obligation.

At Fletchers Solicitors, we work on a No Win No Fee basis, meaning there are no upfront costs and nothing to pay if your claim is unsuccessful. If your claim is successful, our fee is deducted from your final compensation. This means you can pursue your claim without any financial risk.

Prescription error claims can be made by:

• The affected individual, who was directly harmed due to a wrong prescription.
• If a child has suffered harm from a prescription mistake, a parent or guardian can claim on their behalf.
• A representative of someone lacking capacity: If an individual is unable to manage their legal affairs, a family member or appointed litigation friend can claim for them.
• If a prescription error resulted in death, dependents or the estate of the deceased may pursue a wrongful death claim.

Wrong prescription claims arise when a medical professional makes an error in prescribing or dispensing medication, leading to avoidable harm. These errors can include issuing the wrong medication, providing incorrect dosage instructions, or failing to consider a patient’s medical history. From our clients’ experiences we have seen how all these errors can result in health complications.

Healthcare providers have a legal duty of care to ensure prescriptions are accurate and safe. When this duty is breached, patients may suffer adverse reactions, worsening health conditions, or long-term complications. In such cases, they may be entitled to pursue a prescription error claim.