Compensation Claims for being Given the Wrong Pills in Hospital

There is rarely any justifiable defence against compensation claims for being given the wrong pills in hospital. However, in order to successfully claim compensation, the pills that were given to you must have been prescribed, dispensed or administered in a non-emergency situation, and there must have been a known risk that they might cause an allergic reaction or react with other medication you were taking.

In addition to the above conditions for making compensation claims for being given the wrong pills in hospital, you must have suffered an injury or the avoidable deterioration of an existing condition because of a medical practitioner´s negligence. If you have been given the wrong pills or the wrong dose of pills, but suffered no significant injury, it is likely a claim for compensation will be unsuccessful.

To complicate compensation claims for being given the wrong pills in hospital, there is also the issue of contributory negligence. This is when you took the pills, even though you knew they were different from the ones you normally were given. Although your contributory negligence may not exempt you from claiming compensation, it might affect how much your claim is eventually settled for.

Making Compensation Claims for being Given the Wrong Pills in Hospital

If you believe that you have suffered an injury or the avoidable deterioration of an existing condition, you first course of action should be to speak with a solicitor. The solicitor will want to know the circumstances of how you were given the incorrect medication and the impact that they had on you. It is also important to tell your solicitor of any long term consequences of your injury.

Your solicitor will request your authorisation to access your medical records. These will then be reviewed by an independent medical expert to determine whether “at the time and in the circumstances” the prescribing, dispensing or administering of the pills constitutes medical negligence. If there is sufficient evidence of negligence to support compensation claims for being given the wrong pills in hospital, your solicitor will send a “Letter of Claim” to the authority responsible for your care.

The “Letter of Claim” advises the healthcare authority (usually an NHS Trust) that you are claiming compensation for an “adverse event” due to being given an incorrect medication. The healthcare authority has ninety days to conduct its own investigation and then admit liability for your injury. As mentioned at the beginning of this article, there is rarely any justifiable defence against compensation claims for being given the wrong pills in hospital.

Settling a Compensation Claim – What is Included?

The settling of compensation claims for being given the wrong pills in hospital is usually broken down into four elements. The first of these elements – compensation for the physical pain and suffering you experienced – is settled according to financial values published in the Judicial Studies Board Guidelines for General Damages in Personal Injury Cases, which are than adjusted to account for your age and general level of health.

If you have suffered a diagnosed psychological injury – for example depression – you will also receive compensation for your emotional trauma, and you will be able to include in compensation claims for being given the wrong pills in hospital any deterioration you have suffered in your quality of life. Finally you will be able to recover any costs you have incurred or loss of income you have experienced due to the negligence of a hospital healthcare professional.

If you have taken the pills in the knowledge that they were the wrong ones, or continued to take them after your health had started to deteriorate, you will be assigned a percentage liability for your contributory negligence. This percentage could be anything from 5 percent to 75 percent, which will then be deducted from your settlement of compensation for being given an incorrect medication in hospital.

Independent Legal Advice about Incorrect Medication in Hospital

Because reactions to incorrect medication in hospital affect different people in different ways, no two compensation claims for being given the wrong pills in hospital are identical. For this reason it is vital that you receive independent legal advice about your own particular situation from an experienced medical negligence solicitor.

Consequently we invite you to call our Medical Negligence Advice Bureau and discuss how you were given the incorrect medication in hospital with one of our team. Our experienced medical negligence solicitor will be able to answer any legal questions you may have about compensation claims for being given the wrong pills in hospital, without any commitment from you to proceed with a compensation claim.

All calls to our Medical Negligence Advice Bureau are completely confidential, and our aim is to provide you with the information you need to decide whether you have a claim for compensation that may be worth your while to pursue. Make sure you do not lose your right to make compensation claims for being given the wrong pills in hospital by calling our Medical Negligence Advice Bureau today.