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.
