Prescription Error Claims

Errors in the prescription of medications can be serious. Unfortunately, prescription errors are not unusual. It is estimated that around 237 million medication errors occur in the NHS in England every year.
 

If the wrong medication or wrong dose is prescribed this can lead to patients not getting the treatment they need, having their condition exacerbated, suffering allergic reactions and in some instances, death. In these circumstances, there may be a claim for medical negligence.  Mistakes may be made by the medical professional who prescribes the medication (such as a GP or hospital doctor) or by the pharmacist who dispenses it. Errors can for example occur by the wrong label being put on the wrong bottle at the pharmacy or by medication being placed in the wrong bag.

Claims may also arise where there is no medication review for a long period and a repeat prescription continues to be provided when it is not needed - leading to serious side effects.

If you or a family member is concerned about a prescription error, please contact us to discuss how we can help.

Prescription Error Compensation

The amount of compensation that can be awarded in a successful claim will depend upon the extent and severity of the injury suffered. However, an award will usually include sums for pain and suffering, the cost of any future treatment, care, equipment and therapies along with any financial losses such as lost earnings. Our lawyers specialise in obtaining maximum awards for our clients and will be able to advise fully on the compensation that may be able to be claimed.

Your claim - why us

Your case will be investigated by our specialist lawyers, led by a partner. We gather all the relevant evidence and work closely with leading experts including GPs and immunologists to assess the strength of a claim.

We then work with further experts to consider a client’s long term needs and the full amount of compensation required.

We provide a highly supportive service and if relevant, we will advise upon options to seek funds for early interventions and rehabilitation not available on the NHS where possible. We offer home and hospital visits.

Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases. Our team includes lawyers with specialist clinical negligence accreditations from Action against Medical Accidents (AvMA) and the Law Society.

Frequently Asked Questions

Is there a time limit for bringing a prescription error claim?

There are strict time limits for bringing a negligence claim for injury in England and Wales. This is called the limitation period. 

For adults, the usual rule is that a claim must be formally started at Court within three years of the date the negligence occurred, or of the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later). 

Where a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.

Where the claim relates to someone’s death, the limitation period is three years from the date of death or from the ‘date of knowledge’ (if that is later).

There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.

It takes time to investigate a claim, so you should contact us as soon as possible.

 

Can I bring a claim on behalf of a child or a family member who is not able to do it themselves?

If a claim relates to injuries suffered by a child or an adult who does not have ‘mental capacity’; a family member (or other trusted person) can act as a ‘Litigation Friend’ and bring the claim on their behalf.

If you are unsure about whether you can bring a claim on someone else’s behalf, we will be able to advise you.

 

What is the process for bringing a claim?

We start by obtaining evidence such as medical records, accident reports, witness statements, and expert evidence to prove that the injury was caused by negligence.

We also calculate the amount of compensation that can be claimed.  Typically, this involves instructing experienced experts to advise on the injured person’s needs, in order to maximise the level of compensation.  We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible for the injury) or their insurer.

In some cases settlement is agreed at an early stage.  In other circumstances, it may be necessary to begin Court proceedings.

For further information on this process, read our Guide to Making a Claim.

 

Can claims be brought in relation to private and NHS care?

Yes. Where treatment was provided through the NHS, the claim is usually brought against the responsible NHS organisation (such as the Hospital Trust or Primary Care Trust). 

Where the treatment was privately funded, the claim is often brought directly against the private hospital, or the private medical practitioner, that provided the treatment.  Hospitals and private practitioners are typically insured or indemnified for negligence claims.

 

Will the case be decided by the Court?

Probably not.  The vast majority of personal injury and medical negligence claims are not decided by the Court.  Occasionally, the Court will decide a case, if it cannot be resolved any other way. If the case has good prospects of success then the Defendant will usually want to settle the claim without a trial and both parties are obliged to explore all settlement options including Alternative Dispute Resolution and Mediation. 
 
Successful claims are usually resolved by agreeing a settlement either before or during formal Court proceedings.

Where the claim is for a child or for an adult who does not have mental capacity, the Court will be asked to consider and approve the settlement. This is a safeguard required under the Court rules to ensure that the settlement is in the best interests of the injured person. The court hearing that concludes such cases is called an “Approval Hearing”.

 

Can I make a 'no win, no fee' prescription error claim?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not (in almost all cases) have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.

Please see our page on How are claims funded?

 

How do I access medical records?

Medical records are usually the starting point for our investigation of a claim. With your permission; we request these records directly from the treatment provider(s).

Our clients sometimes wish to obtain copies of the medical records themselves before deciding whether to begin a claim. Please see our Guide to Accessing Medical Records for further information on how to request records.

 

Other organisations and resources that may help

• APIL (Association of Personal Injury Lawyers)