Claim for wrongful prescription

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London solicitors here to help with your wrongful prescription claim

In the vast majority of cases, a patient will visit their GP and receive a diagnosis and prescription of medication. The patient then takes this prescription and their illness is treated effectively.

Sometimes, however, something goes wrong. Although prescription errors may not occur very often, this does not alter the drastic impact which each individual mistake can have upon a patient.

Being prescribed and taking the wrong medication, or the wrong amount of the correct medication, can cause serious side effects. The severity of side effects stemming from a wrong prescription will depend on the drug involved and how long it is taken for.

When might you have a claim for wrongful prescription?

There are many ways in which a wrongful prescription can occur, including:

  • patients being prescribed the correct medication for too long
  • patients being prescribed an incorrect dosage
  • patients being prescribed a medication to which they are allergic
  • two or more medicines wrongly being mixed together in one prescription.

The medical issues involved in prescription cases are often very technical and complex, requiring specialist knowledge. Our teams are able to provide you with the support, guidance and advice needed to bring a successful claim.

We take the time to get to know you personally, to ensure that we can provide the most individually tailored service to every client. We will also use our specialist knowledge of surgical claims to ensure that every avenue is pursued.

Active and consistent communication is at the heart of what we do. Medical issues are often very sensitive, and we will always make sure you always know exactly what is going on with your case and what the next steps are.


What if you have suffered psychiatric damage as a result of being prescribed the wrong/too much medication?

If you have suffered psychological harm as a result of medical negligence, you are entitled to claim an award of compensation. How much compensation you will receive depends on your particular situation.

How much compensation could you receive?

In clinical negligence, particularly wrongful prescription cases, no two cases are the same. The amount of compensation you will be able to obtain for a wrongful prescription will depend on a variety of factors, including any pain and suffering that you endured and any financial loss both past and future.

Compensation is made up of two parts:

General damages – this is compensation for your pain, suffering and effects on your everyday life. The court will determine the amount by looking at the Judicial Studies Board Guidelines and the amounts awarded in recent similar cases.

Special damages – this includes things like any financial losses you’ve incurred or will incur in the future, including loss of earnings or other income, travel expenses and other costs that we can show were caused by the negligence.

All compensation must be proved to be a result of the alleged negligent medical treatment. If the link cannot be proved, then the court won’t award any damages.

As the claimant, it is your responsibility to prove each and every aspect of your claim, including your entitlement to general and special damages.

How can you pay for a claim?

There are three ways you can fund a claim. The most common one is when we enter into a ‘no win no fee’ agreement, which is also known as a Conditional Fee Agreement (CFA). Alternatively, you could be eligible for Legal Aid, or you might have a legal expenses insurance policy that you could use, even if you might not know you have it.

The main thing to note is that if your case is viable, we can always find a way to fund it, and we will choose the way that best meets your needs. We’ll do everything we can to keep the costs down – people often finding that bringing a claim costs them nothing. Find out more about ways to fund your claim.

How long does a claim take?

It depends on a number of factors – for example, whether your opponent is denying there was a fault, whether you need further treatment, whether the case needs a medical expert, and whether the case needs to go to Court. Your solicitor will be able to let you know how long it should take.

Most simple cases should be dealt with within 18 to 24 months. Although complicated claims can take longer, it is very rare for any new case to take more than three years.

 


I can't express how grateful I am to you for all your help to get this result. I was really nervous about bringing a claim but you've made the process a lot easier than I expected it to be and have been very patient and understanding throughout.
Royds Withy King Medical Negligence Client

Contact us now to find out how we can advise on making a wrongful prescription compensation claim