Medication and duty of care
Drugs - and even vitamins in some cases - can have serious side effects and so must be provided and used with care. Health professionals, including pharmacists and dentists, have to hold qualifications and be trained to prescribe, dispense or administer medications. The harm caused by a medication error can be serious and, in some cases, can be fatal. An avoidable mistake that leads to a patient being harmed can be a breach of duty of care and so can lead to a claim for medical negligence.
Medication errors not only relate to mistakes in prescribing, dispensing and administering medications, they also include situations such as failing to note allergies, especially to penicillins. This can be particularly serious and lead to life-threatening complications for some. Inadequate monitoring of a patient under medication, or a failure to properly inform about side effects or to take account of contra-indications in an individual can also lead to a successful medication claim.
Situations that can lead to successful claims involving medication error
- Adverse drug reactions
- Dispensing errors
- Incorrect medication or dose administered
- Using the wrong route to administer medication, such as epidural injection instead of IV infusion
- Wrong medication prescribed
No Win No Fee
- Pay nothing upfront
- Pay nothing as the claim progresses
- Pay nothing if you lose
What is medical negligence?
Medical negligence means that harm has been caused through medical treatment because the care you received was not up to the accepted standard. Medical negligence (sometimes called clinical negligence) can happen in a number of situations which include: when there are problems during labour, leading to a birth injury to the baby or injury to the mother when…
How long will my claim take?
It can take 12-18 months to investigate a medical negligence claim. Most cases are then settled but, if a claim goes all the way to Trial, it can take a number of years to reach its conclusion.
Can I get Legal Aid?
If the claim relates to a brain injury suffered by a child at, or around the time of, birth, it may be possible to arrange for it to be funded through the Legal Aid Scheme. In that event the Legal Aid Agency will be responsible for all of our fees and expenses and both you…
How much will it cost me to make a claim if I’m not eligible for Legal Aid?
If we take on your medical negligence claim and you are not eligible for Legal Aid, we will offer you a Conditional Fee Agreement which is known as a ‘No Win No Fee’ Agreement. This means that you will not need to pay anything upfront, there are no hidden costs and you pay nothing if…
What can making a medical negligence claim achieve?
Court proceedings are extremely costly, stressful and time consuming. Therefore, it is important to understand what we can and cannot achieve. We are lawyers and our role in helping you to bring a claim for medical negligence is to try to obtain financial compensation for the injury that has been have suffered. Whilst we try…
Mr Jones was admitted to hospital with left leg cellulitis, shortness of breath, constipation and a distended abdomen. A preliminary diagnosis was made of abdominal malignancy and acute pancreatitis. During his stay in hospital, his condition deteriorated and he suffered an intraperitoneal bleed. A potential incident was identified and reported to the family – dextrose containing…Read more