Medical Prescription Negligence Compensation Claims
If you are being prescribed medicine by your local GP, or you are a patient of your local hospital or NHS Trust, if a medical practitioner makes a mistake and gives the wrong drug for your condition, including mixing your prescription up with that of another patient, and you suffer an illness or injury as a result of the medication mix up, you can pursue a claim for personal injury compensation.
MG Legal’s solicitors specialising in medical negligence cases, accept prescription error, and wrong medication claims for damages, on a NO WIN NO FEE basis. With our medical negligence experts, you are in very safe hands.
What is a Medication Negligence claim?
According to the 2020 BMJ Quality and Safety Survey, more than 237 million medication errors are made every year in England, the avoidable consequences of which, each year, cost more than 1700 lives.
Most errors when prescribing medicine to a patient, result in no harm or low-to-moderate harm; however, as stated above, some result in severe harm or death. Research carried out by revered medical practitioners, Avery T, Barber N, Ghaleb M as part of their work Investigating the prevalence and causes of prescribing errors in general practice, found that prescribing error rates of 8.9 errors per 100 medicine orders have been observed in hospitals and in 4.9% of all prescription items in general practice.
Medication errors are happening more and more frequently in England and Wales.
In October 2018, the World Health Organisation’s research calculated the number of opportunities for medication error, in care homes, hospitals and at the point of discharge, and they estimated that more than 237 million medication errors are made every year in England, with 54% of medication errors made at the point of administration, 21% made during prescribing with 16% of medication negligence made at the dispensing stage.
The researchers estimated that nearly 3 out of 4 medication errors (72%) are minor, while around 1 in 4 (just under 26%) have the potential to cause moderate harm; just 2% could potentially result in serious harm. Around a third (34%) of potentially harmful medication errors are made during prescribing in primary care.
Claims for Medication Negligence compensation, or as it is often known medication mix up negligence claims, fall into one of two categories, that represent the stages of the medical practitioner’s negligence, and these relate to:
1. Errors made when the medical professional is Prescribing Medication,
2. Mistakes made when the pharmacist, or other medical professional Dispenses
Medical Prescription Negligence
Prescription errors by medical practitioners, normally include prescribing medication to which a patient has a known allergy, or prescribing medication which conflicts with another medicine the patient is taking.
How are medication prescription errors caused?
As stated above, studies have reported a prescription error rate of 8.9% for all medication orders- that means that almost 9% of all the medicine prescribed by our medical practitioners, is either the wrong medication, has the incorrect instructions for taking the medication, or is medication that was prescribed for another patient. Obviously this makes quite worrying reading, so if you have suffered from a medication prescription error, that has made you feel more poorly, or caused you to be ill, then MG Legal’s solicitors specialising in medical negligence claims, are here to help you.
Our solicitors specialising in medical negligence can advise that the causes behind mix-ups with prescriptions are varied, with the following reasons being given, by medical practitoners, for making errors when medicine is being prescribed:
A lack of sufficient training for GPs or pharmacists in relation to safe prescription practices;
Work environment; problems with the GP or hospital’s computer systems;
Pressure from other medical staff, and workload, Or a lack of robust checking of the condition or tests of the patient before providing them with a prescription;
Interruptions were cited as the main causes of errors. Foundation year 2 doctors reported greater confidence than year 1 doctors in deciding the most appropriate medication regimen. The error rate amongst junior doctors in their first two years of postgraduate training, was significantly greater than that of their senior colleagues.
It seems then, the medical negligence claims from medicines not being prescribed properly, can be traced back to a clerical error, with deliberate actions being, thankfully, almost unheard of.
MG Legal’s solicitors specialising in medical negligence claims, have won damages for clients who have suffered illness or injury as a result of a doctor, or other medical practitioner making the following negligent mistakes when prescribing them medicine:
Prescribing the wrong medication for that client;
Prescribing the correct medication, but prescribing the wrong dosage;
Prescribing incorrect or inappropriate medication, the effects of which conflict with other medication the patient is presently taking such as Warfarin and Diflunisal.
Prescribing a medicine that is not designed to perform the treatment that the patient requires, and so does not treat the patient’s medical condition;
Incorrect Insulin Medication and dosage being prescribed to a diabetic patient, resulting in hypoglycaemi;
Manufacturing the formulation of medication, so that the medication prescribed is the wrong strength, or contained contaminants or adulterants.
Using such poor handwriting that the dispensing chemist was unable to read what the prescription said, and dispensed the wrong medication to the patient, causing them bodily injury in the process.
As stated above, there are two types of medication negligence claim. If the error occurs when the medication is being prescribed, the act of negligence falls on the shoulders of the GP or medical professional who wrote out the initial prescription- these are the medical professionals who have diagnosed your injury or illness, looked at your medical history, and then made an informed opinion, based upon their medical qualification, and experience, to prescribe a certain type of medicine that in their opinion, is appropriate to treat your medical condition, injury, or illness.
Conversely, your prescription may be absolutely correct, and your GP, or whichever medical practitioner that prescribed you your medication, has diagnosed your illness or injury correctly. If you take your prescription to a pharmacy and they do not give you exactly what is set out on the prescription, then it is the pharmacist that is at fault, and this is called a medication dispensing error.
MG Legal’s solicitors specialising in medical negligence claims have won compensation for client’s as a result of the following medication dispensing errors when:
A pharmacy that has mixed up our client’s prescription with that of another patient;
Medication that has been Incorrectly labelled with incorrect dosage information;
Medication that has been dispensed by the pharmacist with the incorrect instructions on when to take the medicine;
Supplying fake medication, or buying from medical suppliers who may provide fake/incorrect medication;
Failing to challenge a prescription that they believe is inappropriate or potentially harmful for the patient;
A typing error made on a computer-generated prescription, but the pharmacist dispenses the medication anyway;
The pharmacist being unable to read the doctor’s handwriting on the prescription, failing to seek confirmation of the prescription, and dispensing the incorrect medicine as a result failing to carry out checks.
How do you know if you have a medical negligence claim for an error when prescribing or dispensing your medication?
If a medical practitioner, such as a GP, or pharmacist has prescribed, or given you medication that is in some way unsuitable- from the wrong medication, to prescribing an incorrect dosage, and your condition has got worse or you’ve become ill or injured in any way, you may be entitled to pursue a claim for medical negligence compensation, on a NO WIN NO FEE basis, with MG Legal’s solicitors specialising in medical negligence claims. Whilst many prescription errors don’t have any serious consequences for the patient, for others it can have catastrophic and even fatal consequences.
How much does it cost to make a prescription error medical negligence claim?
When you contact MG Legal about a prescription error medical negligence claim, or negligence claim about a pharmacist dispensing medicine, our solicitors dealing in medical negligence claims, will advise you, immediately, if we can accept your claim on a NO WIN NO FEE basis. This means if you lose your case, you will not have to pay any fees and therefore, there’s no financial risk to you.
How much time do I have to make a claim for medical negligence?
If you believe you have a claim, contact solicitors specialising in medical negligence claims, straight away.
Generally speaking, if you are over 18 at the time you suffered medical negligence, then you usually have 3 years from the date of the negligence, within which to bring a claim for compensation. This three- year period starts either on the date of the negligent act if you are aware of it or in some Medical Negligence Claims the three - year period is deemed to start when you become aware of the link between your injury and the act of negligence; this is referred to as the 'date of knowledge'.
If you believe you have a claim, it’s important that you seek advice from a solicitor dealing in medical negligence cases, on a NO WIN NO FEE basis, as soon as possible.
If you do not either settle your personal injury claim, or issue proceedings in the County Court within your three -year time limit, your claim will become automatically Statute Barred under the Limitation Act 1980.
These limits can sometimes be different, for example when dealing with children or patents with limited capacity, such as those in comas or who have dementia. Criminal Injuries Compensation Claims have a limit of two years, as do certain maritime and aviation (sea or air) incidents. If in doubt, contact MG Legal’s specialist medical negligence solicitors to ensure that you receive the advice you need immediately and you do not miss any deadlines that might stop you making a claim.
How much can I claim for prescription error negligence?
This is a question that our medical negligence solicitors are asked every time we accept a new NO WIN NO FEE medical negligence claim. Every case is different, and the final amount of compensation you are awarded will be based on the severity of the injury and the affect the injury has had on your life. Additionally, you’ll also be able to claim for any lost earnings, any long-term care, rehabilitation and any necessary house adaptations to maximise the chance of recovery and independent living. Whilst every single claim for medical negligence compensation is different to the one before, our medical negligence specialists will always make you one promise- that if your claim is successful, we will ensure that you receive the maximum compensation possible, and we will not advise you to settle, until we are happy with the compensation you are being offered.
Why choose MG Legal for my claim for medical negligence compensation?
Many people who have suffered medical negligence choose to use MG Legal because we use the services of the best medical practitioners, whatever their field of expertise. At MG Legal, your medical negligence compensation claim is important to us, and we want to get you the most compensation possible. Our solicitors accept all medical negligence compensation claims on a NO WIN NO FEE basis, and have a success rate in excess of 99% for all personal injury and claims for medical negligence, that we accept. Our solicitors specialising in medical negligence claims demonstrate our own confidence in our ability by offering the NO WIN NO FEE agreement to all clients, as if we do not win, we do not get paid for our work; so, you can rest assured that we will do all that is within our power to settle your claim successfully.