Medication Error Claims

Mistakes with medication can have a range of consequences, from simply failing to treat a patient’s condition promptly to the potential for life-long damage to a patient’s health and wellbeing, or even death in the most serious cases.

If you or a loved one have been harmed as a result of medication errors arising from medical negligence, claiming compensation may be essential to help you deal with the impact this has had on your or your loved one’s health and lifestyle. These claims can be very complex, so you need expert legal advice from the outset to give you the best chance of securing a positive outcome.

Wolferstans’ medical negligence solicitors are highly experienced with medication negligence claims, having secured substantial compensation for our clients over the year. This means we know what is needed for a successful claim and have the skills to help you resolve your claim as quickly as possible, usually without the need for court action.

We can quickly and accurately assess your claim, giving you a realistic idea of your chances of success and a reliable idea of how much your claim might be worth. That way you will have a clear picture of what to expect when deciding how to proceed.

We offer a free initial no obligation consultation during which we will be able to tell you if you have a claim worth investigating further.

To arrange your consultation please contact the new client team on 01752 648881.

Our medication errors compensation claims service

We work with clients across England and Wales on all types of medical negligence cases related to medication and prescription errors, including those involving:

  • Prescribing inappropriate or ineffective medication
  • Prescribing the wrong dosage of medication
  • Errors in writing a prescription, e.g. illegibility, resulting in the wrong medication being issued
  • Dispensing errors resulting in the wrong medication, wrong dose or wrong label being issued
  • Errors by medical staff administering medication e.g. giving the wrong dose, wrong frequency or using the wrong method of administration
  • Failing to note patient’s existing medication when making a prescription resulting in harmful drug interactions
  • Failure to account for issues such as allergies to particular medications
  • Failure to adequately monitor side-effects

Read about some of the cases we have successfully pursued in relation to medication and prescription error claims.

How medication negligence claims work

Our clinical negligence lawyers can guide you through the whole process of claiming compensation for negligent medication and prescription errors, keeping the process as simple and free from hassle as possible for you.

A typical medication negligence claim will involve:

  • Building your case e.g. applying for medical records, collecting witness evidence and consulting independent medical experts.
  • Contacting the relevant healthcare provider with the details of your claim.
  • Ensuring the defendant responds to your claim in a timely fashion.
  • Assessing the defendant’s response and advising you of your options.
  • Negotiating with the defendant and/or using alternative dispute resolution (ADR), such as mediation or independent evaluation, to secure a suitable settlement.
  • Submitting your claim to the relevant court and representing you at a court hearing where required to resolve the matter.

Find out more about the process of making a clinical negligence claim.

Funding a medication error compensation claim

The cost of a medication error claim should never be a reason to put off pursuing compensation. Your initial consultation with our team is free and if your claim justifies further investigation, we will find a funding option to suit your situation.

In most cases, we are able to offer a ‘conditional fee agreement’, commonly called a ‘no win, no fee’ agreement. This means you will only need to pay legal fees and expenses if your claim results in compensation, with nothing to pay upfront.
In the event of a successful claim, the fees you pay will be based on a percentage of the damages secured. This means you will have a clear idea of the costs involved at all times and will always keep the majority of your compensation.

Legal expenses insurance is another common option for funding claims. This is frequently offered as an optional extra with home insurance policies, as well as with some bank accounts and credit cards, so may be worth considering if available.

To discuss your options for covering the cost of a medication or prescription error claim, please don’t hesitate to get in touch. Find out more about funding a medical negligence claim.

Our expertise in medication and prescription negligence claims

With many years of experience in medication and prescription negligence claims, our team have an enviable track record of success. We have the knowledge and skills to ensure no detail is overlooked and every potential angle is explored, giving you the best chance of securing a positive outcome in even the most complex cases.

Wolferstans is accredited by the Law Society for Clinical Negligence, recognising our particular expertise in this area. We are also Lexcel accredited by the Law Society for excellence in legal practice management and client care.Various members of our medical negligence team are also on the Law Society and AvMA (Action against Medical Accidents) Specialist Clinical Negligence Panels and have been accredited by APIL (Association of Personal Injury Lawyers) as Clinical Negligence Specialists and Brain Injury Specialists.

Find out more about our medical negligence claims team.

Read our client testimonials.

Common questions about medication error claims

Generally, you will need to bring a claim within 3 years of the negligence occurring. However, there are exceptions to this, meaning it is always worth speaking to one of our specialist medical negligence lawyers, no matter how much time has passed.

Alternative time limits may apply under circumstances including:

  • If you only find out about the error later – the 3-year time limit may be counted from this point instead.
  • If the claimant is under 18 – their parents or guardian will have until their 18th birthday to bring a claim for them. The claimant will then have a further 3 years (until they turn 21) to bring a claim on their behalf if it is not concluded before this time.
  • If the claimant lacks the mental capacity to bring a claim – there is no time limit for someone else to bring a claim for them.
  • If the claim is for someone who died due to medication negligence – their dependants/a representative of their estate will usually have 3 years from the date of death to bring a claim.

This will depend on the seriousness of the injuries and their impact on you or your loved one’s lifestyle.

You can usually claim two types of damages for negligent medication errors:
Special damages – Covering specific financial losses incurred up to the date of settlement e.g. paying for private treatment, buying special equipment and replacing lost earnings.

General damages – Covering non-financial losses e.g. pain and suffering and changes to your lifestyle, as well as likely future financial losses, such as paying for ongoing care support.

In most cases, the answer will likely be no. Medication error claims can typically be resolved out of court, either through negotiation or alternative dispute resolution before court proceedings are initiated, or with a pre-trial settlement once court action has begun.

Avoiding court action if at all possible not only saves you from the stress of dealing with a court hearing, it also usually means your claim can be resolved much faster and at lower cost.

However, if an out of court settlement cannot be agreed, we have the experience, expertise and contacts to ensure you have the very best representation in court, helping you to achieve the right outcome.

Further information about medication and prescription error claims

For more information about medication negligence compensation claims and all types of medical negligence claims, please take a look at our news, blogs and our series of helpful leaflets covering specific issues.

Start a medication negligence claim with us today

To arrange a free initial no obligation consultation and find out more about starting a medication or prescription negligence compensation claim:

To arrange your consultation please contact the new client team on 01752 648881