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Incorrect Prescriptions: Medical Negligence

25 April 2024

Taylor Bracewell

Incorrect Prescriptions: Medical Negligence

In the realm of healthcare, medication plays a crucial role in managing and treating various conditions. However, what happens when you are given the incorrect prescription? In our blog, “Incorrect prescription: medical negligence,” we delve into this critical aspect of patient care. Join us as we explore the importance of vigilance when it comes to medications, discussing the potential risks of errors and negligence in prescription practices.

Examples of Medical professionals include:

  • Consultants
  • Doctors
  • GPs
  • Dentists
  • Nurses
  • Pharmacist or pharmacy worker

The medical professional must provide treatment to an accepted professional standard. If care that you receive falls below the accepted professional standard and you suffer injury and loss as a consequence, you are entitled to make a claim for medical negligence compensation for your loss, damage, pain and suffering.

What can I make a medical negligence claim for?

  • Dosage error – over/under prescription of a medication;
  • prescribed the wrong medication;
  • the incorrect prescription. This could either involve you being given someone else’s medication or you being provided with medication that doesn’t reflect your prescription; and
  • Delayed prescription.

Compensation will not be paid simply because you were given the incorrect prescription but if it has caused you avoidable loss, damage, pain and suffering, you are entitled to claim compensation.

What are the consequences of being prescribed the incorrect medication?

The incorrect prescription can cause a number of adverse consequences some of which include:

  • Avoidable and unnecessary pain and suffering caused by the medication not doing what it should or alternatively adversely affecting your existing condition;
  • Delayed recovery from symptoms and suffering;
  • Permanent damage to internal organs impacting on your long term quality of life; and
  • The emotional suffering caused by your loss, damage, pain and suffering.

Unfortunately, in some cases, prescribing the wrong drug or failing to prescribe the correct medication could result in death.

Awards of compensation claims:

If you have been prescribed the wrong medication, there are two aspects to any compensation claim which are:

  • General damages – pain, suffering and loss of amenity;
  • Special damages – any and all out of pocket expenses/losses caused.

General damages are valued once an independent medical expert has confirmed the loss, damage and suffering you have experienced.

Special damages can include any losses/expenses special to your circumstances.  Examples of which are:

  • Loss of earnings/income;
  • Loss of future earnings;
  • Pension loss;
  • Costs of private medical care/treatment;
  • Travel costs;
  • Adjustments at your home. This could include needing a care bed, for instance;
  • Care and Assistance received.

Documentary evidence will be required to support any claim for special damages.

How can Taylor Bracewell’s medical negligence team assist you?

Rob Clarke looking at X-ray

Our Medical Negligence team will be more than happy to help, you can contact our Doncaster solicitors on 01302 341414 or our Sheffield solicitors on 0114 272 1884. Alternatively, you can fill out our online enquiry form.

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