How much compensation could you claim for a medication or prescription drug error?

The amount of compensation you can claim for medication mistakes depends on:

  • the seriousness of the resulting injury and how it impacts your life and
  • any financial losses or costs incurred.

There are two categories of compensation (damages) that you can claim for negligent medication errors: general damages and special damages.

Awards for general damages are determined by the Judicial College and are published in their guidelines.

General damages: These include compensation for the pain and suffering caused by the medical negligence.

Special damages: These include any financial losses incurred due to medical negligence such as:

  • Medical treatment – including paying for further remedial treatment following the drug error
  • Current and future care and rehabilitation costs
  • Travel costs – current and future, to and from medical facilities
  • Lost earnings including lost wages and loss of future wages, benefits and promotion opportunities.
  • Home adaptations and aids eg. wheelchairs, home modifications required due to mobility issues.

Between 2017-18 NHS Resolution closed 35 medication error medical negligence claims. The compensation awarded was just under £4million.

(Source: NHS Resolution. Response to a freedom of information request for prescribing error claims data. 26 November 2018).

Your solicitor will review your case thoroughly to determine the damages you may be eligible for.

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Devonshires Claims
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30 Finsbury Circus
Finsbury, London