Prescription and Medication Error compensation claims south wales

Anyone who is responsible for handling your prescription or medication has a duty to prevent any errors from taking place. If a mistake is made, either in relation to dispensing or prescribing, the impact can be extremely serious for your health and wellbeing.

Whether you are prescribed a medication which you are allergic to, or you are simply handed the incorrect medication, your existing condition could become worse, or you could experience various other side effects. Making a prescription and medication error compensation claim can help you to access the help you need following such an incident.

Settlements for wrong prescriptions can help to pay for private medical treatment, counselling and other types of specialist support, as well as any lost income caused by having to take time off work.

Dealing with a prescription or medication error can be an extremely stressful and confusing situation. Our team recognise this and will be on hand to provide the answers and close personal support you need. Having provided medical negligence support to the people of Rhondda Cynon Taff and Bridgend for over 30 years, we can give you all the advice you need to secure a positive outcome.

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Why choose Devonalds when making a prescription and medication error compensation claim?

Over the years, our team have established a strong track record of successfully supporting the people of Rhondda Cynon Taff and Bridgend with a variety of medical negligence matters, including those related to medication and prescription errors.

We understand that making a claim for a prescription or medication error can be daunting. However, we are people just like you and you can rest assured that we will do everything in our power to make you feel as comfortable as possible.

You will have the dedicated support of a member of our team who will handle your claim from start to finish. They will be available by phone and email at all times, so you will always be able to speak to someone you know and who knows you if you have a question or need an update on the progress of your claim.

Wherever possible, we will seek to secure settlements for wrong prescriptions out of court. This can help to ensure you secure compensation faster, with lower legal fees and much less stress. That said, if court proceedings are required, we can provide the very best legal representation and personal support every step of the way.

Speak to us about starting a prescription and medication error compensation claim

For a friendly, informal discussion about making a prescription and medication error compensation claim, please contact your local team in Bridgend, Caerphilly, Church Village, Pontypridd, Talbot Green, Tonypandy, Treorchy or Tylorstown.

How claiming compensation for prescription and medication errors works

Starting a claim for prescription and medication errors

The first step will be to establish whether you may be entitled to compensation and how the general claims process works. You will likely have a lot of questions at this stage, which we can answer during a free initial meeting.

During this meeting, you will not be under any pressure to pursue a claim for medication and prescription errors with us. The aim is to provide you with the necessary information so that you can make an informed decision on how to proceed.

No win, no fee medication and prescription error claims

You can claim compensation for prescription and medication errors using a conditional fee agreement. This is more commonly referred to as ‘no win, no fee’.

With a no win, no fee claim, fees will only be applied if we are successful in claiming compensation on your behalf. If your claim is not successful, you will not owe us anything.

Your legal fees may also be covered by the other side if you are successful, further protecting you from potential fees.

Proving a prescription or medication error took place

To pursue a claim, it will need to be demonstrated that negligence occurred when you were given the incorrect prescription or medication.

We will rely on various types of evidence to do so, including:

• Medical records such as risk assessments
• Examinations and testimonies from independent medical experts
• Witness testimonies

Our team of prescription and medication negligence solicitors will use their expertise to gather all of the necessary evidence to support your claim, presenting it in a way that provides you with the best possible chance of securing a positive outcome.

Valuing your medication or prescription negligence claim

The level of compensation you are awarded for a medication or prescription error will be one of your most pressing concerns. This process is referred to as ‘assessing quantum’ or ‘assessing quantum of damages’.

The compensation you receive for medication or prescription claims should cover various matters, including:

• The cost of medical treatment, specialist care & equipment
• Lost income if you need to take time off or give up work
• Pain and suffering
• Travel costs and other expenses
• Loss of amenity i.e. not being able to carry out activities you/your loved one would otherwise have enjoyed
• Providing for your/your loved one’s future financial independence

Time limits for prescription or medication claims

Typically, you will have three years from the date a mistake occurred with your prescription or medication to make a claim. However, there are certain circumstances where you may have longer to make a claim.

If the claimant is under 18, their parents or guardian will have until they turn 18 to make a claim on their behalf. Once they turn 18, they will then have until their 21^st birthday to claim compensation themselves if required.

If you are making a claim on behalf of someone who has died as a result of a prescription or medication error, you will usually have three years from their date of death to bring forward a claim.

There is no time limit if you are making a claim on behalf of someone who does not have the mental capacity to make a claim themselves, such as if they have a brain injury.

If you are unsure whether you still have time to make a claim, please don’t hesitate to get in touch.

Reaching an out-of-court settlement

At Devonalds, our team have strong skills in negotiation and Alternative Dispute Resolution. This means we are always able to help you reach a settlement out of court, allowing you to access compensation faster, while avoiding the costs and stress associated with going to court.

Taking your claim to court

If it is not possible to make prescription and medication error compensation claims outside of court, our team will be on hand to provide all the support you need to reach a successful outcome.

Our solicitors can work alongside you to prepare an effective case and provide robust representation during any hearings that take place. No matter the circumstances, you will always be kept in the loop at every stage of proceedings, so that you know exactly what to expect and what the likely outcome of your case will be.

Managing prescription and medication error compensation

Following a successful claim, it is important to consider how to effectively manage your compensation so that your long-term needs will be met.

For example, compensation could have an impact on your ability to access means-tested benefits, so we can advise you on placing compensation into a personal injury trust so that the funds are ‘ring-fenced’.

Common questions about prescription and medical error claims

Can I make a medical negligence claim for medication errors?

If your GP, a pharmacist or a medical professional has made a prescription error, and this has worsened your condition (or you have developed another condition), you may be entitled to make a claim for compensation. This is something our solicitors can advise you on further during an initial discussion.

What are the 3 types of prescription errors?

The three main types of prescription errors that could have an adverse impact on your health are:

• Dispensing error – The prescription is incorrectly labelled or handed to the wrong person
• Dosage error – A mistake is made, meaning the patient is provided incorrect dosage guidance
• Prescribing error – A product is prescribed that the patient is allergic to or clashes with other medication.

Who is legally responsible for any medication mistakes made?

Any prescription or medication error will be deemed the responsibility of the medical professional who filled out and signed it.

However, if a mistake was made by a pharmacist or dispenser who receives a form from a patient, the burden of any harm caused to the patient because of a medication error will fall on the pharmacy that dispensed the medication.

Speak to us about starting a prescription and medication error compensation claim

For a friendly, informal discussion about making a prescription and medication error compensation claim, please contact your local team in Bridgend, Caerphilly, Church Village, Pontypridd, Talbot Green, Tonypandy, Treorchy or Tylorstown.