By Megan Crowley. Last Updated 12th January 2023. This guide will explore when you may be able to claim following medication errors in a hospital that have caused you harm. Errors with medicine can occur for various reasons. In some cases, you may be eligible to seek compensation if a medication error has caused you harm. We will explore this in more detail throughout our guide.
A guide to medication errors in hospital
Medically trained professionals have a responsibility to provide patients with the correct standard of care. This extends to medical professionals working in a hospital. If they provide care that falls below the correct standard and you are caused harm as a result, this is known as medical negligence.
Negligence involves the breach of duty causing harm. If you can demonstrate that negligence occurred, you may be able to seek compensation for the harm you sustained.
We will explore the process of claiming throughout our guide as well as the compensation you could receive following a successful claim.
For more information on medication errors in healthcare:
- Call us on the number at the top of the page
- Contact us through the website
- Talk to one of our advisors through our live chat feature
Choose A Section
- Medication Errors In A Hospital – A Guide
- Examples of Medication Errors
- Claiming for Medication Errors In a Hospital – How Much Could I Receive?
- Why is Duty of Care Important When Claiming for Medical Negligence?
- What Evidence Could Help Me Make A Medical Negligence Claim?
- No Win No Fee Solicitors – Why Use Them?
- Read More About Claiming For Medication Errors In A Hospital
Medication Errors In A Hospital – A Guide
The NHS Resolution refers to medication errors as a Patient Safety Incident that involves an error with the process of:
- Prescribing;
- Administering;
- Preparing;
- Dispensing;
- Monitoring;
- Providing advice on medicines.
They can occur in various medical settings, including hospitals. The impact of the error can vary. However, the severity of the harm you have sustained will be considered when you make a claim. Additionally, the impact on your quality of life and your finances will also be taken into account.
We have provided examples of how they could occur in the following section. However, if you would like to find out whether you’re eligible to seek compensation, get in touch on the number above.
Hospital Negligence – Am I Eligible To Make A Hospital Negligence Claim?
For your hospital negligence claim to be valid, you would need to prove the following:
- A medical professional at the hospital owed you a duty of care.
- This medical practitioner then breached their duty of care.
- As a result of this medical negligence, you suffered unnecessary harm.
It is important to note that not all harm suffered in hospitals could result in compensation. This is because the harm you suffered may not have been caused by hospital negligence. For example, whilst in hospital, you were given medication that contained something you were allergic to, and as a result, you suffered an allergic reaction. However, neither you nor the hospital knew about this allergy. In this instance, you might not be able to make a claim. Later in this guide, we will discuss the potential evidence you could collect to help support your claim.
Do not hesitate to contact one of our advisors today if you have any questions about claiming compensation for hospital negligence.
Examples of Medication Errors
There are various ways medication errors in a hospital could occur. For example:
- Frequency error: Some medication must be taken at different times throughout the day. While in hospital, if a nurse forgets to administer you with medication during the day, it could lead to you experiencing harm.
- Dosage error: The wrong dosage administered could result in adverse effects. Too high a dosage could harm the patient, and too low a dosage could see the dose to be ineffective.
- Drug interaction: You are given medication that causes a harmful drug reaction to medication you’re currently taking.
- Prescription error: You are given the wrong medication in a hospital pharmacy due to the pharmacist processing your prescription incorrectly.
Not all incidents of medication errors will form the basis of a valid claim. You must prove that you were caused harm due to a medical professional breaching the duty of care they owed you.
Speak to our medical negligence claims team about claiming if you were given the wrong medication due to negligence. You can get in touch 24 hours per day, 7 days per week.
Statistics – How Often Do Hospital Medication Errors Happen?
Between April 2015 to March 2020, 1,420 claims relating to errors in the medication process were received by NHS Resolution. 487 of these claims were settled with damages awarded. This cost the NHS £35 million. This didn’t include legal costs.
Claiming for Medication Errors In a Hospital – How Much Could I Receive?
Medical negligence compensation settlements can include up to two heads of claim. These are called special damages and general damages.
General damages cover compensation for the pain and suffering of the harm you sustained due to medical negligence. The amount of compensation that is awarded for harm that you have sustained can vary depending on the following factors:
- The impact on your quality of life
- The psychological impact
- The severity of the harm you sustained
The Judicial College produces guidelines used by legal professionals to help them value the general damages head of claim. The figures in the table are taken from these guidelines. However, you should only use them as a guide because the settlement you receive may differ from what’s listed in the table.
| Types of harm | Description | Amount |
|---|---|---|
| Kidney (a) | Both of the kidneys have sustained permanent damage or have been lost. | £169,400 to £210,400 |
| Kidney (b) | The risk of future urinary tract infections or the kidney loosing its natural function is significant. | Up to £63,980 |
| Kidney (c) | One kidney is lost and the other remains undamaged. | £30,770 to £44,880 |
| Bowel (b) | Complete loss of function and the need for a colostomy depending on the person's age. | Up to £150,110 |
| Bladder (b) | The bladder has totally lost its function and control. | Up to £140,660 |
| Bladder (c) | Pain and incontinence with a serious impairment of the bladder's control. | £63,980 to £79,930 |
| Total Deafness and Loss of Speech | There has been complete deafness at an early age, potentially due to a rubella infection, which will also impact the normal development of speech. | £109,650 to £140,660 |
| Digestive System (b)(i) | Severe toxicosis that will require the person to be admitted to hospital for a few weeks. Symptoms include acute pain, fever and vomiting. | £38,430 to £52,500 |
| Spleen (a) | The spleen is lost and there is a persisting risk of internal infections and disorders. | £20,800 to £26,290 |
| Spleen (b) | There are minimal or no risks of internal infection or other disorders. | £4,350 to £8,640 |
What Other Compensation Could I Receive From a Medication Error?
Special damages cover compensation for any financial loss you might have suffered due to medical negligence. This can include:
- Loss of wages due to having time off of work
- Loss of any future earnings
- Medication expenses
If you want to claim special damages, you must provide evidence of these losses.
For more information on the compensation you could receive after making a successful claim following medication errors in hospital, call us on the number above.
Why is Duty of Care Important When Claiming for Medical Negligence?
As mentioned, in a hospital or any other health care setting, there is a correct standard of care that all medical professionals must provide to their patients. This is known as a duty of care. In order to seek compensation, it’s important that you prove a medical professional breached the duty of care they owed you and caused you avoidable harm.
You can collect evidence to do so. Additionally, the Bolam test may be carried out which involves a panel of medical professionals trained in a relevant area of medicine assessing whether the correct standard of care was met. The findings from their assessment can be used to support your claim.
We have explored the evidence you can provide in the section below.
What Evidence Could Help Me Make A Medical Negligence Claim?
In terms of evidence for your claim, there are several different forms that you can use to strengthen your claim. These are:
- Medical records – This can include prescriptions, doctor reports, hospital reports and a report from an independent medical appointment. These pieces of evidence can be used to help determine the severity of the harm you sustained.
- Financial proof – This can include payslips and receipts to help you if you claim any financial losses back.
This is not a full list of what you can use for evidence. Speak to one of our advisors today, if you need any further advice on the different types of evidence that you may need when claiming following medication errors in a hospital.
No Win No Fee Solicitors – Why Use Them?
Our panel of solicitors can offer to represent your claim under a type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA). As part of the CFA, you don’t need to pay for your solicitor’s services if the claim fails.
Your solicitor will deduct a success fee from your compensation if the claim wins. This fee is subject to a legal cap.
For more information on whether a solicitor from our panel could represent your claim on this basis, get in touch on the number above.
Get a Free Consultation Today To See If You Can Claim
If you are still wondering if you can claim following medication errors in a hospital, our advisors can help. To get in touch:
- Call us on the number at the top of the page
- Contact us through the website
- Talk to one of our advisors through our live chat feature
Read More About Claiming For Medication Errors In A Hospital
Please find some additional resources in the section below.
- Never events compensation claims
- Claiming compensation after unnecessary medical treatment
- How much could I claim for a medical misdiagnosis?
- Medication Errors – How Do I Report Them?
- Medication Errors By Nurses – Could I Claim?
- GOV – NHS Constitution for England
- NHS Resolution – Claims Management
We hope this guide on medication errors in a hospital has helped. If you have any other questions, call on the number above.
Writer Lizzie Winstone
Editor Meg McGloughlin
