Home » Personal Legal Services » Medical Negligence Claims » Prescription or Medication Errors

Incorrectly prescribed or dispensed medication can have serious adverse effects on the patient. Not only because the underlying condition is not being treated correctly but also as a result of suffering adverse effects to incorrect and inappropriate medication.

Consequences or prescription or medication errors can be short-lived. However – they can be devastating, life-changing or even result in death.

How might a prescription error be caused?

There are a number of reasons why medication or prescription errors occur and errors are made on the part of both the prescribing doctor and the dispensing pharmacist.

Doctor Error

Errors on behalf of the doctors generally include:

Prescribing the incorrect medication for the condition the patient is suffering from.
Prescribing the incorrect dose of medication.
Prescribing medication that interacts with other medications the patient is taking.
Prescribing medication that affects the patient’s other underlying medical conditions.
Prescribing medications that the patient is allergic to.

Pharmacist Error

Errors on behalf of the pharmacists generally include:

Dispensing the incorrect medication to that which has been prescribed.
Dispensing the incorrect dose of medication.
Dispensing medication to the incorrect patient.

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What consequences might a prescription error lead to?

The consequences of prescribing or dispensing incorrect or inappropriate medication to a patient can be devastating. At best the patient may suffer minor adverse effects for a short period of time however it may also be the case that serious consequences are suffered as a result.

Here at Oakwood Solicitors, we have seen victims of dispensing and prescription errors suffer from major organ failure, have cardiac or neurological effects, require surgical treatment or ultimately die. All of which were avoidable had care been taken when prescribing the medication and/or dispensing it.

How do I make a claim?

If you feel that you have suffered as a result of a prescription or medication error you may be entitled to bring about a claim.

Oakwood Solicitors have a specialist medical negligence team who will be able to provide you with free advice on the prospects of your case and whether you will be eligible to bring about a claim.

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Who can bring about a claim?

The victim of the negligence can bring about a claim in their own right however it is may also be the case that the victim has passed away as a result of the negligence or has suffered so severely that they are unable to bring about a claim as they no longer have capacity.

In such circumstances a claim can be brought about on their behalf either by an appropriate person or litigation friend if the victim is still with us or by the executor of the estate of surviving dependant if the victim has passed.

Our specialist team will be able to discuss whether you have a right to bring about a claim so if you or a loved one has been affected do not hesitate to contact us.

How long do I have to claim?

Claims of this nature are subject to a three year limitation period. This means that claims have to be commenced within the Courts in three years of rather the date the negligent act occurred or the date you became aware that negligence had occurred. In cases involving deceased victims this limitation period commences from the date of death and in cases involving minors, the limitation period starts when they reach their 18^th birthday.

The law surrounding limitation periods is complex. Our specialist team will be able to advise further.

How long will my case take to run?

Given the complexities involved in pursuing Clinical Negligence claims, they can often take 18-24 months to conclude and longer if Court proceedings have to be issued. Our investigations start by obtaining all relevant records and protocols before approaching independent medical experts for their opinion. We will provide you with regular updates on the progress of your case to ensure that you are kept up to speed.

How much is my claim worth?

It is often difficult to value Clinical Negligence claims at their outset, given the complexities involved however we will pursue two forms of compensation for you:

General damages – An award of money for the pain and suffering you have endured as a result of the negligence.
Special damages – An award for all of your out of pocket expenses such as travel expenses, medication costs, loss of earnings, treatment costs both past and future.

This list is not exhaustive and is very case-specific.

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For further reading, see our client case studies here.

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Why use Oakwood Solicitors to make your Clinical Negligence case?

We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical negligence, including prescription or medication errors.

We want to ensure at Oakwood Solicitors that clients are not overwhelmed by legal jargon, medical terms that they don’t understand and to allow the claims procedure to be as transparent as possible.

How is my case funded?

The majority of Clinical Negligence cases are funded by a Conditional Fee Agreement (CFA), more commonly known as a ‘no-win, no-fee’ agreement. This means that there will be nothing to pay upfront and nothing to pay if the claim has been lost.

If you are successful in your claim a deduction of 25% of damages will be taken to cover the success fee and the shortfall in legal fees.

It may also be the case that an After The Event (ATE) insurance policy will be obtained to cover the costs of expensive medical reports and investigations. If an ATE insurance policy has to be obtained the cost of the same will be discussed with you at the appropriate point.

The cost of the ATE insurance policy is again taken from your damages and only payable if you are successful with your claim.

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