Prescription Error Claims

While the right medication, given the right way can be essential to your health, any errors made in the way medicine is prescribed can result in serious consequences for your health and wellbeing.

If you or a loved one have been harmed due to negligent prescription errors, you may be able to claim compensation to help you deal with the negative impact this has had. Such claims are often complex, however, with a high standard of proof needed to secure a positive outcome, so expert legal help and advice is essential.

Wolferstans’ medical negligence solicitors have extensive experience with prescription error compensation claims, giving us the knowledge and skills you need to secure a fair settlement wherever possible.

Our team can quickly establish whether you are likely to have strong grounds for a claim and give a highly accurate estimate of what your claim may be worth. That way you can be confident of making an informed decision about how to move forward.

With our strong skills in non-confrontational dispute resolution, we can typically resolve prescription error claims outside of a court hearing. This means you get a result faster and at lower cost, while minimising the stress and uncertainty involved.

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 292204.

Our prescription error compensation claims service

We work with clients all over England and Wales on a wide range of prescription error compensation claims, including those related to:

  • Prescribing the wrong medication
  • Prescribing the wrong dosage of a medication
  • Prescribing inappropriate medication e.g. that the patient is allergic to or that is known to have negative interactions with other medication they are taking
  • Poorly written prescriptions e.g. that are illegible causing the wrong medication to be issued
  • Failure to provide clear guidance to the patient/medical staff on the dosage, route of administration and other details relating to the prescription
  • A patient who has continued to be prescribed medication for too long

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

How prescription error claims work

Our clinical negligence lawyers can offer the clear, compassionate guidance you need to keep the claims process as simple and straightforward as possible.

A typical prescription error compensation 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 prescription error compensation claim

Having questions about the cost of a prescription error claim is understandable, but it should never be a reason to put off finding out more. As long we believe your claim justifies further investigation, we will help you find a way to fund your claim that matches your circumstances.

Conditional fee agreements are the most common way to fund a claim, as they mean you do not need to pay anything towards your legal fees and expenses to start a claim.

Also referred to as ‘no win, no fee’ agreements, this type of funding means you only need to contribute towards your legal costs if your claim succeeds, with the fees you pay being based on a percentage of any damages we win for you.

Prescription error claims can also be funded using legal expenses insurance, if you have this type of cover. Legal expenses insurance is often offered alongside home insurance policies, as well as with some bank accounts and credit cards, so this may be worth considering where available.

To discuss your options for covering the cost of a prescription error claim, please don’t hesitate to get in touch.

Find out more about funding a medical negligence claim.

Our expertise in prescription error compensation claims

Over the years, we have secured substantial damages for a number of clients in relation to prescription error claims. This experience means we know exactly what to look for when investigating your claim, helping to ensure no details are missed and that we can build the strongest possible case for you.

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 prescription error claims

Generally, you will have 3 years to make a compensation claim for a prescription error that affected you, with this time limit being counted either from when the negligence occurred or when you found out about it.

Other time limits may apply though under different circumstances, in particular where you are making a claim on behalf of someone else. It is therefore always a good idea to speak to one of our specialist medical negligence solicitors, no matter how much time has passed.

Example of alternative time limits for prescription negligence claims include:

  • For someone under 18 – Their parents or guardians will have until their 18th birthday to make a claim. If this is not done, the claimant will be able to bring their own claim once they turn 18, with a deadline of their 21st birthday to take action.
  • For someone without the mental capacity to bring a claim – There is no time limit for someone else to bring a claim for them.
  • If someone has died due to a prescription error – Their dependants or representatives of their estate will typically have 3 years from the date of death to bring a claim.

The value of a prescription error claim will typically depend on the level of injury caused and the impact on the claimant’s life, plus what expenses the claimant has incurred due to the negligence.

The compensation you can secure will generally be split into two types of damages:
Special damages – Covering specific financial losses experienced up to the date of settlement. This can include paying for private treatment, buying special equipment and replacing lost earnings, amongst other things.
General damages – Covering non-financial losses (e.g. pain, suffering and lifestyle changes), plus expected future financial losses (e.g. paying for ongoing care and any impact on your future earning potential).

We understand that many people are intimidated by the thought of having to go to court to deal with a compensation claim. However, in most cases this is not necessary as the vast majority of prescription error claims can be resolved out of court.
This is usually achieved either through negotiation or alternative dispute resolution before court proceedings have been started, or via a pre-trial settlement once proceedings have begun.
In both cases, this is likely to offer a much faster solution as it avoids the need to wait for a court date. It is also usually cheaper, because it cuts down on court fees and other expenses. Lastly, it lets you keep more control over the process by taking the final decision over any settlement out of the hands of a judge.

Further information about prescription claims

For more information about prescription 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 prescription negligence claim with us today

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

To arrange your consultation please contact the new client team on 01752 292204.