In this guide, we will look at the process of claiming for deaths from medication errors. If your loved one passed away because of a mistake with medication that was caused by a breach of duty of care, then you could be entitled to claim.
Deaths from medication errors claim guide
This guide explains what options you have to seek compensation when a healthcare provider failed in their legal duty of care to prevent unnecessary harm. We look at how much you could claim and who may be eligible to do this.
Furthermore, we will examine some of the benefits that legal representation can offer when making a claim. Furthermore, we offer an explanation of No Win No Fee agreements.
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Choose A Section
- How To Claim For Deaths From Medication Errors
- How Can Fatal Medication Errors Happen?
- What Could Be Received From a Fatal Medication Error Claim?
- Deaths From Medication Errors – Who Can Make a Claim?
- Potential Evidence That Could Be Used In a Fatal Accident Claim
- Our Panel of No Win No Fee Solicitors – How Can They Help?
- More Information About Fatal Accident Claims
How To Claim For Deaths From Medication Errors
All doctors, nurses, GPs, pharmacists and other medical professionals have a legal duty of care to prevent unnecessary harm to their patients. They need to provide care of a minimum standard.
When this level of care is not met, and a medication error causes death as a result, it can be classed as death due to medical negligence. If someone passes away because of medical negligence, a claim could be made.
A compensation claim could cover the pain and suffering that the deceased experienced before they passed away. It could also cover the impact of the death on the deceased on their surviving loved ones.
For more information on the process of claiming for deaths from medication errors, speak with an advisor today. If you have a valid case, you could be connected with a lawyer from our panel.
How Can Fatal Medication Errors Happen?
It’s important to note that not all negative medication reactions are a result of negligence. For example, you may be given a medication that makes you ill because you have an allergy that was previously unknown.
In some cases, a medication error could result from another kind of complication in a medical setting, such as a medical misdiagnosis, which could also result in unnecessary medical treatment. You may be erroneously diagnosed with a condition that you do not have, and are given medication to treat it.
Below, we have included some examples of different types of medication errors that could occur:
- Prescription errors that occur because of medication being mislabelled.
- A hospital medication error that occurs because a test was carried out incorrectly, resulting in a misdiagnosis
- A medication error by a nurse results in two patients receiving each other’s drugs because a nurse mixed up two patients
- A painkiller during childbirth is administered incorrectly. This results in a birth injury.
- You’re given medication that should be administered through an IV orally. This stops it from working and is an example of a Never Event.
For more information on how medication errors could occur, speak with one of our advisors today. They can offer free legal advice on claims for deaths from medication errors.
Patient Safety Alerts and Yellow Card Scheme
The NHS have a National Patient Safety Alert scheme. National Patient Safety Alerts (NatPSAs) are notes that are provided to NHS bodies on how to prevent risks that have the potential to cause death or serious harm to patients.
Adverse drug reactions (ADR) need to be reported through the Yellow Card scheme. An ADR is defined by the National Institute for Health and Care Excellence (NICE) as a noxious and unintended response to a medicinal product. A causal relationship between the medication and the reaction needs to either be known or strongly suspected.
Not all ADRs that can be reported under the Yellow Card scheme will be the subject of a valid claim. Speak with a member of our team today for more information on whether you could claim.
Deaths From Medication Errors – How Often Do They Occur?
The statistics below come from NHS England and show the volume of reported medication issues for a 5 year period:
What Could Be Received From a Fatal Medication Error Claim?
Compensation claims for medication errors causing death can include general damages, which relate to the pain and suffering of the deceased
By referring to the Judicial College Guidelines to help them, legal professionals can assign value to general damages payments. We have included some of these brackets in the table below:
| Harm | Award Bracket | Supporting Notes |
|---|---|---|
| Fatality plus add on claims | Up to £500,000 and above | Could include compensation for the pain and suffering of the deceased and any losses that impact their dependents |
| Brain damage | £282,010 to £403,990 | The injured person will be unable to respond meaningfully to their environment |
| Tetraplegia | £324,600 to £403,990 | The amount that is awarded may be affected by a number of factors, including how aware the injured person is of their condition, their life expectancy and whether they are in pain. |
| Paraplegia | £219,070 to £284,260 | The amount that is awarded may be affected by a number of factors, including how aware the injured person is of their condition, their life expectancy and whether they are in pain. |
| Psychiatric damage | £54,830 to £115,730 | The person will be unable to cope with their life and relationships because of a severe psychiatric injury. |
Please bear in mind that these figures do not represent guarantees – they only indicate guideline award amounts. The amount that you’re actually awarded might differ.
What Other Losses Could You Claim In A Fatal Medical Negligence Case?
Deaths from medication errors may entitle certain remaining family members to seek two types of compensatory awards on behalf of the deceased. Qualifying relatives can seek a bereavement award of £15,120 (to be equally shared if more than one party claims). The qualifying relatives are set out in the Fatal Accidents Act 1976.
If the deceased lost out on money or incurred out-of-pocket expenses as a result of the negligence that caused them to be injured, then this could be reimbursed under special damages. It could include the cost of any medical care that was not available for free, for example.
Surviving relatives of the deceased could also claim:
- Loss of financial dependency if you were dependent on the deceased financially
- Loss of consortium, or loss of a special person
- Loss of services, for example if the deceased provided services like DIY or taking children to and from school
For more information on what could be included in claims for deaths from medication errors, speak with an advisor today.
Deaths From Medication Error – Who Can Make A Claim?
The Law Reform Miscellaneous Provisions Act 1934 explains how members of the deceased estate can launch an eligible claim for pain and suffering caused to the person who died. The Fatal Accidents Act 1976 allows qualifying relatives to claim for the pain and anguish created as a result of their loved one’s death.
The Fatal Accidents Act allows the following to make a claim for their pain and suffering after the death of their loved one:
- Wife, husband or civil partner
- Someone who lived with the deceased for at least two years as spouses
- A parent or other ascendant of the deceased or someone who was treated like one
- A child or other descendant of the deceased or someone who was treated like one
- A brother, sister, uncle or aunt of the deceased, or any of their issue.
As you navigate this difficult time, our team would be happy to help you with any points that you would like clarified. Please get in touch for free legal advice on claiming for deaths from medication errors.
Potential Evidence That Could Be Used In A Fatal Accident Claim
There are documents and paperwork that can help support a claim after deaths from medication errors, and below, we offer a general list:
- Any witnesses to the negligent healthcare delivery who are willing to provide a statement
- CCTV footage or photos that prove medication errors
- The empty packaging or bottles of medication that prove the error
- Medical records of the deceased
- A diary of events
In order to claim for any financial losses, you will need to provide evidence of these, too. Receipts, invoices and payslips from the deceased can all be used to support claims for deaths by medication errors.
Our Panel of No Win No Fee Solicitors – How Can They Help?
A compensation claim may seem too daunting for you to approach alone. If you would like help to start a compensation claim after deaths from medication errors have impacted you, a No Win No Fee medical negligence solicitor could assist.
No Win No Fee agreements are a way for you to benefit from excellent legal representation with no upfront costs. This is because an amount only needs to be deducted from your compensation if the case wins and you are awarded damages. By law, it is capped, which enables you to receive the majority of any compensation awarded.
If you are not awarded compensation, however, then you generally will not need to pay your lawyer for their services. In these cases, the above success fee will not be due either.
Contact Us For A Free Consultation
Impartial legal advice on claiming for deaths from medication errors is available to you for free now. Find out more about claiming by getting in touch. You can:
- Contact us on the number above
- Request a callback after you contact us online
- Use our instant live support option below
More Information About Fatal Accident Claims
In conclusion, below are some supporting resources:
- Also, read about the Care Quality Commission (CQC) on how to report medicine-related incidents
- As well as this, here is a government report on medication errors
- Lastly, details on how your pharmacy can help
For more information on claiming for deaths from medication errors, speak with an advisor today.
Writer Jeff Waller
Publisher Fern Smith
