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Prescription & Drug Error Claims


Although we can expect to trust that we are prescribed and given the correct medication, errors can and do occur when we receive medical treatment, whether from the NHS or privately. The severity of the consequences of prescription, medication and drug mistakes, whether in respect of the drug or dosage being wrongly prescribed or administered, varies greatly, from minor adverse reactions and illness to serious permanent damage and, in extreme and rare cases, even death.

While mistakes such as these cannot be wholly protected against, if they are the result of a healthcare professional’s negligence and cause an injury, the law entitles the victim to claim compensation to help them or their loved ones to deal with the consequences. These types of personal injury claims fall under the highly specialised law on medical and clinical negligence, often raising complex issues that require a deep understanding of both existing medical practice and causation.  

At Kerr Brown, our friendly and dedicated staff are recognised experts in personal injury claims. We always strive to exceed the expectations of our clients, providing an effective, professional and personal service. Known as leaders in our specialist practice areas, including prescription and drug error claims, our firm continues to grow its reputation and client-base, helping people get the compensation and justice they deserve. Please contact us for more information.

Prescription and medication mistakes

Avoidable prescription and medication errors can happen at the doctors, in a hospital, care home or at the chemist. They can occur because a GP makes a wrong prescription or a hospital doctor erroneously fills out a chart, or because a nurse or pharmacist gives out the wrong drug or dosage. As such, prescription and medication mistakes cover many different scenarios, including:

  • Incorrect drug – a patient may be prescribed the wrong drug by a doctor, or given the wrong drug by a nurse or pharmacist, this includes where a patient is allergic to a particular ingredient or if two or more medications are being taken together that shouldn’t be
  • Incorrect dosage – a patient may be prescribed the wrong dosage, or given the wrong dosage; unfortunately, children and older people are particularly vulnerable to being prescribed the wrong dosage because their personal physical attributes (such as weight and age) will usually determine how much medication is a safe amount
  • The course of medical is prescribed for too long – a patient may be given too long a course or keep ordering a repeat prescription without being given a check-up
  • Dispensing errors – a patient may be given the wrong medication because they are issued medication meant for another person, or because the medication has been wrongly labelled

How much compensation for a prescription error?

How much compensation can be claimed for a prescription or medication mistake depends on the nature and severity of the injuries the error caused, as well as the particular circumstances and prevailing medical opinion surrounding the incident that caused it. Generally, financial awards seek to compensate the victim for their pain, suffering and the costs attributable to their injury, such as loss of earnings, loss of future earnings, travel costs and any other expenses incurred as a result of the medication error.

Making a prescription and drug error claim in Scotland

To make a prescription and medication error claim, the injury must have been suffered within the last three years and the result of another person’s negligence. Whether or not a mistake was negligent is a key matter when making a drug error claim. If compensation is to be awarded, it must be clearer established that the mistake was avoidable (i.e. the care received was below the standard that could be reasonably expected of a healthcare professional in that area of medicine) and directly caused injury.

The specialist personal injury solicitors at Kerr Brown have vast experience helping clients secure compensation following a prescription error or medication mistake. We work tirelessly to build a strong claim, gathering evidence and liaising with medical experts on behalf of our clients. We also have excellent negotiating and advocacy skills that allow us to present our clients’ claims in the strongest terms to secure them the maximum amount of compensation they are entitled to.

Contact Kerr Brown’s Prescription and Drug Error Claims Lawyers Glasgow, Scotland Today

To find out how we can help you or a loved one make a compensation claim for a prescription and drug error, speak to our expert personal injury solicitors today on 0808 250 0769 (lines open between 9am and 5:30pm) or contact us via our online contact form.