This guide will explore when a claim could be made following medication errors in care homes. There are certain criteria that must be met in order to seek compensation. We will explore this in more detail throughout this guide.
Medication Errors In Care Homes- Could I Claim?
Additionally, we’ll look at how medication errors can occur and the harm that could be sustained as a result.
Furthermore, we will discuss the compensation that you could be eligible to receive.
If you are eligible to claim and would like to access the services of a solicitor, you may find it beneficial working with a No Win No Fee solicitor from our panel. We will explore the services they can provide in more detail later on in this guide.
Please continue reading to learn more. Alternatively, you can contact one of our advisors. You can reach them by:
- Filling out our ‘contact us’ form
- Calling the number at the top of the page
- Speaking with an advisor via the live chat feature below.
Choose A Section
- Can You Claim For a Medication Error?
- Medication Errors in Care Homes- How Can They Occur?
- Care Home Negligence – Why is Duty of Care Important?
- Medication Errors in Care Homes- Potential Compensation Amounts
- Care Home Negligence Claims – What Evidence Could You Use to Claim?
- No Win No Fee Solicitors – How Can They Help You?
- Learn More About Claiming for Medication Errors in Care Homes
Can You Claim For a Medication Error?
According to the NHS Resolution, medication errors can involve an error in the process of:
- Prescribing,
- Preparing,
- Dispensing,
- Administering,
- Monitoring,
- Providing advice on medicines.
However, not all instances of medication errors in care homes will form the basis of a valid claim. In order to seek compensation, you must demonstrate that care home negligence occurred. This involves proving:
- The care home owed you a duty of care
- This duty of care was breached
- You experienced physical or psychological harm as a result.
If you need any additional information about when you could put forward a claim, get in touch on the number above.
Medication Errors in Care Homes – How Can They Occur?
There are several causes of medication errors in care homes. Examples include:
- Wrong dosage: A resident is given the wrong dosage of their medication. As a result, they experience symptoms of an overdose.
- Incorrect prescription: A resident is given someone else’s prescription. As a result, they experience an adverse drug reaction from taking medication that wasn’t suitable for them.
- Wrong medication: A resident is given the wrong medication which they have a known allergy to. As a result, they experience a severe allergic reaction.
The ways in which a medication error could impact someone can vary. In some cases, the impact can be minor. However, in other cases, deaths from medication errors can occur.
The impact of a medication error on a person’s life will be taken into consideration when valuing the compensation you’re entitled to.
For more information on making a medication error claim, get in touch on the number above.
Care Home Negligence – Why is Duty of Care Important?
The Care Quality Commission (CQC) enforces safety and standards of care within care homes. They set the fundamental standards below which care must never fall. This includes:
- Providing care that is tailored to a person’s needs and preferences
- Treating people with dignity and respect at all times
- Getting consent before providing any care or treatment
- Giving care or treatment that is safe and doesn’t put the person at risk of harm that can be avoided
- Safeguarding from abuse
Care homes owe a duty of care to their residents. If the duty of care is breached, you could seek compensation. Call us to learn more.
Medication Errors in Care Homes – Potential Compensation Amounts
The settlement awarded after successfully claiming compensation for medication errors in care home can include:
- General damages: This is the head of claim which provides compensation for the pain and suffering you have experienced due to the harm you sustained. There is also consideration given to the impact the harm has had on your quality of life.
- Special damages: This is the head of claim which provides compensation for the monetary losses you have incurred as a result of the harm you experienced. This can include loss of income and care costs. It’s important to keep documentation of these losses in order to claim them back, such as receipts and payslips.
When valuing the general damages portion of claims, legal professionals can use the Judicial College Guidelines to assist them. This document contains a list of different injuries which correspond to guideline compensation brackets.
We have used the figures from these guidelines in the table below. Please only use them as a guide because the amount you receive could differ.
| Type of Harm | Compensation | Description |
|---|---|---|
| Very Severe Brain Injury (a) | £282,010 - £403,990 | The person experiences several issues such as little or no language function, double incontinence and the requirement of full-time nursing care. |
| Kidney (a) | £169,400 - £210,400 | Both kidneys are seriously and permanently damage or they are both lost. |
| Kidney (b) | Up to £63,980 | The person has a significant risk of developing urinary tract infection or other complete loss of natural kidney function. |
| Kidney (c) | £30,770 - £44,880 | One kidney is completely lost and the other remains undamaged. |
| Bowel (b) | Up to £150,110 | The complete loss of natural function with a dependence on a colostomy. |
| Bladder (b) | Up to £140,660 | The person loses function and control completely. |
| Deafness/ Tinnitus (b) | £90,750 - 109,650 | A case of complete deafness. |
| Reproductive System: Male (d) | £56,080 - £71,350 | A case of sterility which is uncomplicated and doesn't involve impotence. There are also not aggravating features. |
| Reproductive System: Female (g) | In the region of £10,200 | A case of sterility which has failed leading to an unwanted pregnancy. However, there is no serious psychological affect. |
| Spleen (b) | £20,800 - £26,290 | The spleen is lost and there is an ongoing risk of internal infection and other disorders because of a damaged immune system. |
To learn more about what could be awarded following a successful claim, get in touch on the number above.
Care Home Negligence Claims – What Evidence Could You Use to Claim?
There are several pieces of evidence that can be used to help strengthen a claim for medication errors in care homes. For example:
- Prescriptions
- Doctor reports
- Hospital reports
In addition to collecting sufficient evidence, it may be beneficial to seek legal advice. One of our advisors can provide free legal advice regarding your potential claim. They may also be able to connect you with a solicitor from our panel. They can help you collect evidence and take you through the different stages of the claims process.
For more information, get in touch using the number above.
No Win No Fee Solicitors – How Can They Help You?
A No Win No Fee solicitor from our panel could offer you their services under the terms of a Conditional Fee Agreement. This typically means you won’t pay for their services:
- Upfront
- While the claim is ongoing
- If your claim fails.
However, if your claim is a success, you will be expected to pay a success fee from your compensation. This fee is capped by the law.
To learn whether you’re eligible to have a solicitor from our panel represent your claim on this basis, please get in touch using the contact details provided below.
Contact Us For Free To See If You Can Claim Today
We hope this guide on claiming following medication errors in care homes has helped. However, we understand you may still have questions regarding your potential claim. If so, you can get in touch with an advisor and they can provide further details.
For more information, please get in touch by:
- Filling out our ‘contact us’ form
- Calling the number at the top of the page
- Speaking with an advisor via the live chat feature below.
Learn More About Claiming for Medication Errors in Care Homes
Below, we have provided links to more of our guides:
- Can I claim for hospital medication errors?
- Medication errors by nurses – Could I claim compensation?
- What types of medication errors in healthcare could I claim for?
Additionally, we have provided other external resources that you may find beneficial:
- GOV – Care homes: Consumer rights for residents and their families
- CQC – Report a concern as a member of the public
- NHS Resolution – Annual report statistics
Thank you for reading this guide on when a claim could be made following medication errors in care homes and the steps that can be taken to do so. If you have any other questions, please get in touch using the details provided above.
Writer Lizzie Welch
Editor Meg Macho
