Prescription Errors and Pharmacy Errors

Most of us will need to take prescription medication at one time or another and in the majority of cases the correct medication is prescribed and dispensed. Occasionally however, mistakes are made and this can have serious consequences, ranging from mild side effects to serious harm or even fatalities. It is therefore of the utmost importance that care is taken when dispensing and prescribing medications.

If you or a member of your family has suffered a personal injury or illness due to receiving the incorrect medication, you may be entitled to claim compensation. Contact us on 0800 0328511, or by completing a claim enquiry form online, for expert advice from our specialist medical negligence lawyers.

Incorrect Medication
Types of Prescription Error
Avoiding Prescription Errors
Making a Medical Negligence Claim
Prescription Error Compensation
Specialist Clinical Negligence Lawyers
Successful Prescription Error Claims

Incorrect Medication

There are two main ways in which a patient may receive medication that is unsuitable for them. Either because a medical professional has prescribed something inappropriately, or because the prescription given is incorrectly dispensed by the pharmacy.

A patient who has taken incorrect medication can suffer a range of complications as a result. A delay in receiving the medication they actually require can cause an existing condition to become worse, or the incorrect medication can cause them harm. This can range from mild effects such as temporary dizziness, headaches or nausea to serious injuries such as organ damage.

[Back to Top]

Types of Prescription Error

• Incorrect medication – A patient is given a prescription for medication that is unsuitable for their needs.

• Correct medication, incorrect dosage – A patient is given a prescription for the medication they require, but for too high or too low a dose. This can also happen if the prescription is for the correct dose but the pharmacy dispenses the wrong dose.

• Medication prescribed that a patient is allergic to – A patient is given medication that may be suitable for the condition they have, but they should have received an alternative medication because of an allergy.

• Incompatible medications prescribed together – If two or more medications are given to a patient that are incompatible with each other.

• Incorrect medication prescribed due to misdiagnosis – If a patient is misdiagnosed and is given medication for a condition they do not have.

• Medication prescribed for too long – A patient is given medication for an extended amount of time that should only ever be used for a short period.

• Adult dosage prescribed to a child – A child patient is given an adult dose of medication.

[Back to Top]

Avoiding Prescription Errors

It is the responsibility of medical professionals and pharmacists to ensure that patients are provided with the correct prescriptions. There are, however, some measures that you can take yourself to avoid suffering a personal injury caused by taking incorrect medication.

• Always check the packaging, labels and contents of your prescription to ensure that they match up.
• Be sure to inform anyone providing you with treatment of any allergies you may have and any other medications you are taking.
• Read any leaflets enclosed with your medication, as these will often list conditions or other drugs that are not compatible.
• If you do begin to suffer any unexpected ill effects after taking a medication, consult a doctor as soon as possible as early treatment may reduce the amount of harm caused.

[Back to Top]

Making a Medical Negligence Claim

In a clinical negligence claim it is important to show not only that there has been negligence on the part of the medical practitioner or pharmacist involved, but also that this has caused some form of injury to the patient.

It is also necessary to prove that no reasonable practitioner would have acted in the same way under the circumstances and that the outcome would have been different had the correct medication been administered.

You may wish to make a complaint to the hospital, GP practice or pharmacy initially, to ensure that the matter is noted and looked into. This may prompt an explanation, or perhaps even a change in procedure to try and prevent future occurrences, however it is unlikely to result in an offer of compensation.

It is therefore important to seek advice from a specialist clinical negligence lawyer, who can examine the facts of your case, collate the necessary evidence and advise you on the best way to proceed.

You must remember that time limits apply and court proceedings have to be commenced within three years of the harm done or the date when you could reasonably have found out that things had gone wrong.

[Back to Top]

Prescription Error Compensation

There are two elements to a compensation award. The first, called general damages, is for the pain and suffering you have gone through and any loss of amenity (eg an inability to look after your garden, go shopping or drive). The award for loss of amenity can be for a short period after a prescription error or forever if that is what the medical evidence supports.

The second element of a compensation award, for your losses and expenses, is known as special damages and this aims to put you back in a position financially as if the prescription error had never occurred. It is important to keep receipts for any expenditure you have related to the medical negligence so that these can be reclaimed.

In serious cases, where a person may no longer be able to continue their employment, this can be taken into account. Costs for care, equipment, transport and housing modifications can also be factored into the calculations. If the person is still able to work but not in the same role as before, particularly if they held a public service role such as a doctor or police officer, an extra amount may be awarded for loss of ‘congenial employment’. A court can also make a financial award to recognise that an injured worker's prospects on the open labour market may be limited.

If a person is fatally injured, a dependent relative such as a widow and children may be able to claim a statutory sum for their bereavement and funeral expenses, but also sums for the loss of income and contribution to the household in the form of future losses.

[Back to Top]

Specialist Clinical Negligence Lawyers

The Legal Line’s lawyers, Thompsons Solicitors, have many years of experience in recovering compensation for the victims of clinical negligence, including those harmed by prescription errors and incorrect medication.

Contact us for expert advice on whether you may be entitled to make a compensation claim.

[Back to Top]

Successful Prescription Error Claims

Details of some of the previous prescription error cases handled by our lawyers can be found below, or in our personal injury news and client stories sections:

Patient Given Incorrect Prescription Receives Medical Negligence Compensation

[Back to Top]