Everyone in the chain of prescription and administration of medication has a duty of care to prescribe and dispense the correct dosage of the correct medication to their patients. Prescription errors can result in life-long injury, or in rare instances, can be fatal. Should a prescription error result in injury or distress, you may be eligible for a claim in negligence.
What constitutes a prescription error?
- Failure to disclose/explain common side effects – Doctors and nurses prescribing medication are required to disclose the known common side effects and risks of the medication. This can include what the patient should/shouldn’t do while taking the medication, as well as foods/drinks that can interfere with how the medication performs.
- Dispensing incorrect medication – Medical practitioners can be held liable for injury sustained through prescribing or dispensing the wrong medication, either by human error or as a result of misdiagnosis. Similarly, if medication is administered incorrectly, an injury may be caused.
- Failure to recognise negative medication interactions – Doctors and pharmacists are required to keep track of the medication that you are taking, as some may cause a negative reaction when taken together.
- Prescription of medication to which the patient has a known allergic reaction – The doctor prescribing the medication may be held liable if they prescribe a medication that can be seen on their medical records to cause an allergic reaction, such as penicillin.
- Prescribing/dispensing incorrect dosage of medication – An error as ‘simple’ as a transposed decimal point could result in a patient being administered a highly inaccurate dose of medication. This could have a detrimental, and in some cases, fatal impact.
- Mislabelling medication – Either the pharmaceutical manufacturer or pharmacist can be liable for mislabelling medication. Medication mislabelling can result in the administration of the incorrect type/dosage of medication.
Can I bring a claim of negligence for a prescription error?
Should you believe that your doctor or pharmacist was negligent in prescribing or dispensing your medication, it must be proven that their actions fell below the standard of the average, competent, doctor or pharmacist. This means that the error that occurred must not be one that could reasonably have been made by a competent practitioner in their field.
It must then be proven that this error caused the harm that you have sustained. This is examined on a case-by-case basis.
What damages can be recovered?
Damages may be recovered for both physical and emotional injury, as well as financial loss. While this compensation cannot undo the damage sustained as a result of the negligent treatment, it will aim to make life with the consequences easier.
The physical injury involves the physical harm sustained to the body as a result of the proposed negligence. Emotional injury can include depression or anxiety that has occurred as a response to the negligent treatment and the impact that it has had on the life of the victim.
Compensation for financial losses includes, yet is not limited to, loss of earnings, travel costs, and costs of medical treatment and prescriptions.
Contact Us
If you believe you have suffered injury due to a medication error, contact our experienced solicitors today for professional advice using our online request form, on 0749175921, or at admin@mcelhinneyassociates.com
*In contentious business a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
**This information is for guidance purposes only. It does not constitute legal or professional advice. Professional or legal advice should be obtained before taking or refraining from any action as a result of the contents of this publication. No liability is accepted by McElhinney & Associates for any action taken in reliance on the information contained herein. Any and all information is subject to change.
