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Prescription Error Claims
Reviewed by
Peter Rigby - Director of Medical Negligence | Last updated on: 24th May, 2024
We've got your Prescription Error Claim covered
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A prescription error occurs when a GP or hospital makes a mistake when creating your prescription. This could mean that a patient is prescribed the wrong medication, or that they are prescribed too high or low a dose. Prescription claim negligence could also refer to a patient receiving the right prescription, but the pharmacy giving them the wrong medication or dosage.
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How might a prescription error happen?
Prescription errors are often caused by simple human error, for instance, typing the wrong details into a computer, or a pharmacist mishandling a prescription. If you’ve received the wrong prescription from a doctor or practitioner, or the wrong medication from a pharmacy, you could be entitled to make a prescription error claim for compensation.
How you might be affected by a prescription error
Prescription errors are more than just inconveniences, they can be life-threatening. Taking the wrong medication or an incorrect dosage can lead to overdoses, severe side effects, and interactions with other drugs you may be taking. A prescription error could also mean you’re not receiving the right medication you need to fight an illness, allowing the condition to worsen and potentially lead to long-term health problems. There may also be financial implications if you need time off work due to receiving the wrong medication.
How our legal team can offer support
Medical professionals have a duty of care, and you have the right to bring a claim for compensation against those responsible for your medication error.
Making a prescription error claim against your GP, pharmacy or hospital can feel overwhelming, but Patient Claim Line will guide you through the process. We will relieve the stress of bringing a claim and help you towards the resolution you deserve.
How do I know if I have a prescription error claim?
If you have been taking medication that was not intended for you, or your medication was prescribed with an error in the dosage, then you may be entitled to bring a claim against the medical professional who made the error.
To clarify whether you have solid grounds for a prescription error claim, we’d always recommend getting in touch for a free consultation with our experts.
What are my rights if I have experienced a prescription error?
If you have been given the wrong medication or an incorrect dosage, you may have the right to bring a claim for compensation against the hospital, GP, or pharmacy responsible for the prescription error.
Our team of medical solicitors will be able to advise you on your rights and potential recourse. They’ll carefully listen to the details of your experience, determining the severity of the harm caused by the prescription error, and whether the mistake was a result of negligence. They will then be able to guide you on the best next steps.
What kind of evidence will I need to provide to make a prescription error claim?
If you still have the packaging and/or the box of the medication you were prescribed in error, please keep them safe as they may be useful. If not, do not worry! We can still investigate, as the prescription will likely be recorded with the hospital, your GP, or at the pharmacy. Other evidence types that may be useful are:
- Medical records documenting the medical condition and prescribed treatment
- Pharmacy receipts
- Evidence of the negative effects experienced due to the error (e.g. photos, or diagnosis of a new medical condition)
- Witness statements from anyone who witnessed the medication error being made
What kind of compensation could I be entitled to for a prescription error claim?
Compensation for personal injuries varies immensely between individuals, based on the injuries caused and the lasting effects on you. To ensure we accurately assess your potential compensation for a medication claim, we involve independent medical experts; their evaluation considers both the present and long-term impacts of any negligence you may have experienced. This approach helps us secure the maximum compensation you deserve.
In cases involving prescription errors, there can be a wide range of outcomes. If the implications were very short-lived, with minimal consequences for your future health, then the case may settle in the region of £1,000. More severe cases, such as those involving serious injury or death due to incorrect medication, can have much higher compensation values, potentially exceeding £100,000.
Are prescription errors classed as medical negligence?
Yes they are. A patient is owed a duty of care by medical professionals, and that includes situations where a patient receives the wrong medication from a pharmacist or doctor.
Why Choose Patient Claim Line for your Prescription Error Claim?
Not just lawyers — medical negligence experts
Patient Claim Line was established in 2014 and consists of a team of medical lawyers specialising in cancer negligence and general medical negligence claims.
At Patient Claim Line we have more than 100 solicitors with a combined experience of over 400 years and they will work on your behalf to achieve the best result possible for you.
It’s not enough to use a solicitor who sometimes covers medical negligence. You need someone who knows this area through and through. That is what the solicitors here at Patient Claim Line do. They deal exclusively in this area of law and are experts in the field.
Frequently asked questions about Prescription Error Claims
Our expert legal team answer your questions about making a Prescription Error Claim
If you have received the wrong medication for a medical condition and suspect negligence, the first step is to get in touch. Complete our two-minute form and a member of our team will be in touch within the next two hours. They will assess the details of your case and, after accepting your case, will then begin gathering evidence and working towards securing your compensation.
According to AMCP the three most common types of prescription errors are:
- Dispensing an incorrect medication, dosage strength or dosage form
- The miscalculation of a dose
- The failure to identify drug interactions or contraindications (situations in which a medicine should not be used because it may harm the person)
A prescription error claim should be made within three years after the negligence occurred, or when you first identified the effects of the negligence. In cases involving anyone under 18, the legal case must be pursued within three years from the date of their 18th birthday.
If you realise that you have received an incorrect prescription, you should stop taking the medication straight away.
After this, you should:
- Contact your doctor and the pharmacy that supplied you with the medication and explain what has happened
- Save the medication that you haven’t used and keep the packaging
- Reach out to a medical negligence expert if you suspect negligent treatment
Meet our Prescription Error Team
Case Study
Vincent's Story
"He's always there for us"
At the age of 2 we noticed our son Vincent had trouble with his hearing. We had this testing over a number of years and were repeatedly told there was nothing wrong.
Initially we thought this was a speech and language problem, this wasn't the case. It took 4 to 5 years of assessments, with the constant response that there was nothing wrong with his hearing. A different test was them carried on Vincent overnight where it was found he was profoundly deaf.
After years of frustration we were finally able to provide Vincent with the support he required and received an implant. This has enable Vincent to be able to hear. The support from our solicitors has enabled to to gain access to specialist which have supported Vincent in closing the gap in his speech he lost out on to his peers.
