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A prescription error can occur when a GP or hospital makes a mistake when creating your prescription. This could mean that a patient is prescribed the wrong medication, often something with a similar name, or it could be that your doctor prescribes too high or too low a dose. It could also occur when you have the right prescription, but the pharmacy gives you the wrong medication or dosage.
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How might a prescription error happen?
Prescription errors are most often caused by simple human error, with somebody 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 claim for compensation.
How you might be affected by a prescription error
Prescription errors can be very dangerous. They can lead to overdoses of medication if the dosage is too high. In cases where the wrong drug is given, there is a dual effect from the potential side effects of the wrong drug given, and the continued or deteriorating effects of an illness for which the intended drug was meant to help. There may also be financial implications if you need time off work due to the error.
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 prescription error.
Making a claim against your GP, pharmacy or hospital can feel overwhelming, but Patient Claim Line will guide you through the process. We will take the stress out 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.
What are my rights if I have experienced a prescription error?
You have the right to bring a claim for compensation against the hospital, GP, or pharmacy that caused the prescription error.
What kind of evidence will I need to provide to make a prescription error claim?
If you still have the blister pack and/or the box of the drugs 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.
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. Your claim would be valued with the use of independent expert input to assess the impact of any negligence upon you, both now and in the future.
In cases involving prescription errors, there can be a wide range of outcomes. In a case where the effect of the drugs was very short lived, without any consequences for future health, then the case may settle for £1,000 or more. However, in cases where serious injury has been caused, or cases where someone has died as a result of the effects of prescription error, the case may be worth £100,000 or more.
Are prescription errors classed as medical negligence?
Yes they are. A patient is owed a duty of care by medical professionals, and that includes when prescribing drugs or when a pharmacy is dispensing them.
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
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 (whether the medication will harm the patient or not)
When making a prescription error claim, a claim should be made within three years of the negligence occurring or when the effects of the negligence are first noticeable. In cases involving anyone under 18, the legal case must be pursued within three years from the date of their 18th birthday.
If you notice that you have receive 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
Meet our Prescription Error Team
Partner, Head of Strategy and Legal Operations
Christian is Head of Medical Negligence at Patient Claim Line and has specialised in clinical negligence claims since qualifying in 1998; having dealt with a wide variety of claims throughout his career. He is also featured in the Legal 500 as a recommended claimant solicitor in the North West.
Christian qualified as a solicitor in 1998, specialising in clinical negligence. From 2010 onward he has had a particular interest in gynaecological and urogynaecological claims, having represented several hundred claimants in the George Rowland Litigation against the Liverpool Women’s and Aintree Hospitals. This investigated the treatment given to women in the Merseyside area over several decades, and in particular focused on the introduction and development of mesh into the UK in both the treatment of stress urinary incontinence and pelvic organ prolapse. The development of this area involved pursuing claims under a unique ADR protocol with the NHS and also looking to develop the current thinking on the valuation of compensation for complex urinary symptoms. He has successfully recovered hundreds of thousands of pounds in compensation on behalf of my clients.
Christian was also involved in setting up and chairing a Claimant Support Group for those involved in the Rowland litigation, which provided a discussion forum for the many women who were left isolated and damaged by negligent gynaecological treatment. He now co-ordinates the firm’s mesh claims and has delivered training and commented extensively on the medico-legal implications of urogynaecological / mesh complications. He is a member of APIL, Liverpool Law Society and Legal 500 recommended.
Sowmya is a Senior Solicitor and Team Leader at Patient Claim Line. Having qualified in 1993, Sowmya completed her initial training in a general practice law firm in Lancashire, before pursuing specialism in personal injury work after qualification, including working at firms in Manchester.
Sowmya has over 27 years’ experience with personal injury and litigation. Her work has included Claimant medical negligence claims, but also extensive Defendant medical and dental negligence claims experience, together with experience of dealing with high value personal injury claims.
Sowmya has experience with regulatory work related to medical professionals, including doctors’ fitness to practice and GMC hearings, and medical practitioners’ tribunal service hearings, including interim orders hearings. She has also represented parties at inquests and has experience of judicial review proceedings.
Having joined Patient Claim Line in 2015, Sowmya leads a team conducting a wide variety of medical negligence claims. She assesses medical negligence claims and creates a plan of action to ensure the case is handled efficiently. Sowmya has been recognised by for her involvement in the training and development of junior colleagues, having received two company awards for her contribution.
Associate, Senior Solicitor
Having joined Patient Claim Line in 2017, Bilal is a Clinical Negligence Solicitor with extensive experience in the medical negligence field. He has recently qualified as an internationally and nationally accredited mediator, recognised by the Civil Mediation Council, International Mediation Institute and Chartered Institute of Arbitrators. Bilal has been recognised for his excellent client work, having received the ‘Customer Award’ at our annual awards evening.
Having had continuous exposure to medical negligence claims throughout his career, Bilal has developed a large skillset, enabling him to bring matters to time-efficient, amicable solutions. Bilal completes a formal assessment of each case and strategically plans the progression of the case, ensuring all cases within his team run smoothly and that our customers receive the justice they deserve.
Bilal was also the recipient of the Customer Feedback Champion award in 2019.
Partner, Head of Medical Negligence
Saima qualified in 2005 and has over 12 years of experience as a solicitor and leads a team of junior and senior lawyer. Saima and her team have experience dealing with a wide variety of medical negligence claim types and as the senior solicitor and team leader, Saima is responsible for the progression of cases to the point of settlement or issue.
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