Prescription and Dispensing Errors
Medical Negligence Solicitors in Oldham, helping clients across the North West
Prescription and Dispensing Error Claims Solicitors
Prescription and dispensing errors are among the most common types of medical negligence claims, and their consequences can range from short-term adverse reactions to serious injury, hospitalisation, and, in the most serious cases, death. Where a GP, doctor, or pharmacist has made an error in prescribing or dispensing medication, and you have suffered avoidable harm as a result, our specialist medical negligence team can help you to secure the compensation that you deserve.
If you or a loved one has suffered avoidable harm as a result of a prescription or dispensing error, our experienced medical negligence team can help. To discuss your medication error claim with a specialist medical negligence solicitor, please either telephone us on 01457 761 320 or email kenneth.lees@odonnellsolicitors.co.uk, and a member of the team will contact you for a free, no-obligation consultation.
Understanding Prescription and Dispensing Error Claims
Prescription and dispensing errors occur at different stages in the medication pathway, but both can cause serious avoidable harm. A prescription error involves a failure by the prescribing clinician, usually a GP, hospital doctor, or nurse prescriber, to prescribe the correct medication for the patient. A dispensing error occurs when the pharmacist or pharmacy staff fails to dispense the medication correctly after the prescription has been issued.
A medication error claim looks at whether the care provided by the prescriber or the pharmacist fell below the standard of a responsible body of medical or pharmaceutical opinion, and whether that failure caused or materially contributed to injury and loss. Whilst the majority of medication errors cause short-term ill effects, some can have long-lasting or even fatal consequences, particularly where high-risk drugs are involved or where the error goes undetected for a prolonged period.
What Is the Difference Between Prescription Errors and Dispensing Errors?
Prescription errors
Prescription errors are usually made by doctors and other prescribing clinicians, and include:
- Failing to prescribe medication where it was clinically indicated.
- Prescribing the incorrect medication for the patient’s condition.
- Prescribing an incorrect dose of medication.
- Failing to consider known allergies or drug interactions.
- Failing to review the suitability of a repeat prescription.
Dispensing errors
Dispensing errors are usually made by pharmacists who, despite a continual focus on the accuracy of their systems for checking their work, find that the sheer volume of prescriptions they have to process can lead to the following issues:
- Failing to correctly label medication.
- Failing to give medication to a patient.
- Giving the wrong medication to the patient.
- Giving the wrong dosage to the patient.
- Failing to keep or maintain accurate records.
In practice, prescription and dispensing errors often overlap. A doctor’s poorly written prescription may lead to a pharmacist misreading and dispensing the wrong drug, and a pharmacist’s failure to query an unusual dose may allow a prescribing error to reach the patient. Establishing where the responsibility lies is an important part of investigating any medication error claim.
Local Medical Negligence Solicitors Throughout Saddleworth and Oldham
We recognise how daunting making a medical negligence claim can be and have taken great care to create a modern, welcoming environment for our clients to visit us. Our three office locations in Uppermill Village and Grasscroft offer convenience and accessible legal services to our visiting clients. We can also provide online appointments as and when our clients prefer. In some cases, and where required, we can deliver our entire service remotely.
Types of Prescription and Dispensing Error Claims We Can Help With
The specialist medical negligence team at O’Donnell Solicitors has extensive experience of advising clients who have suffered as a result of prescription and dispensing errors. Each claim is different, and our team will carefully assess the extent and duration of the ill effect caused by the medication error, whether that involves short-term harm or long-term or fatal consequences.
We regularly advise on prescription and dispensing error claims arising from a wide range of failings in primary care, hospital, and pharmacy settings, including:
- GP negligence in prescribing the wrong medication for a diagnosed condition.
- Failure to consider known drug allergies before prescribing.
- Failure to consider known drug interactions with existing medication.
- Prescribing an incorrect dose or duration of treatment.
- Failure to review the suitability of repeat prescriptions.
- Pharmacy dispensing the wrong medication.
- Pharmacy dispensing the wrong strength or dose of medication.
- Pharmacy labelling errors leading to incorrect administration.
- Failure to counsel the patient on how to take the medication safely.
- Medication administered by the wrong route in hospital.
- Gentamicin toxicity and other antibiotic-related injuries.
- Overdose of insulin, methotrexate, or other high-risk medications.
- Failure to monitor the patient for adverse effects of medication.
- Fatal claims and inquests arising from a prescription or dispensing error.
Read our recent guide for more information: ‘Prescription and Medication Errors: When Can You Make a Medical Negligence Claim?‘.
For more information on how a medical negligence claim works, including time limits, funding and compensation, please see our main Medical Negligence page.
Why Choose O’Donnell Solicitors for Your Medical Negligence Claim
O’Donnell Solicitors’ Medical Negligence Department is headed by Kenneth Lees and supported by a team with over a decade of combined experience in clinical negligence litigation. We offer a free, no-obligation initial consultation, and the vast majority of claims can be funded by way of a no-win, no-fee agreement. As a regional firm acting for clients across the North West, we combine specialist expertise with a personal and accessible service.
Speak to a Medical Negligence Solicitor Today
Frequently Asked Questions
A prescription error occurs when a clinician such as a GP, hospital doctor, or nurse prescriber fails to prescribe the correct medication, the correct dose, or fails to check for allergies and drug interactions. A dispensing error occurs when a pharmacist or pharmacy staff member fails to dispense the correct medication, the correct dose, or labels the medication incorrectly. Both are recognised categories of medical negligence claims where they cause or materially contribute to injury and loss.
Responsibility depends on where in the medication pathway the error occurred. If the prescribing clinician wrote the wrong prescription in the first place, the claim will usually be against them, or the NHS Trust or GP practice employing them. If the pharmacist correctly dispensed what was on the prescription, they are unlikely to bear responsibility. However, if the pharmacist should have noticed something wrong with the prescription and queried it before dispensing, some responsibility may fall to them. Some claims involve both prescribing and dispensing failings.
Yes. Being given the wrong medication, whether through a prescribing error or a dispensing error, can form the basis of a successful medical negligence claim where you have suffered injury or loss as a result. Claims can compensate for adverse reactions, worsening of the underlying condition due to inadequate treatment, hospitalisation, further medical treatment, and any lasting physical or psychological injury.
Yes. Incorrect dosing is one of the most common types of medication error, and it can occur through a prescribing mistake, a dispensing mistake, or a failure by hospital or care home staff to administer the correct dose. Where an overdose or underdose has caused you injury or loss, whether through direct harm from the medication itself or through the failure to treat your underlying condition properly, you may be entitled to compensation.
Compensation for a medication error claim varies significantly depending on the extent of the harm and its long-term impact. General damages compensate for pain, suffering, and loss of amenity, including any lasting physical or psychological injury. Special damages cover past and future losses such as loss of earnings, care and assistance, treatment costs, aids and equipment, and any adaptations required to the client’s home. Where the medication error caused permanent injury, disability, or death, compensation can be substantial.
If you believe you have been given the wrong prescription or dispensed the wrong medication, you should stop taking the medication and speak to your GP or pharmacist as soon as possible. If you are unwell, seek urgent medical advice by calling NHS 111 or, in an emergency, 999. It is also sensible to keep the medication packaging and any labels, request copies of the prescription and pharmacy records, and, if you have suffered avoidable harm, seek early specialist legal advice.
A prescription error is a mistake made by the person prescribing the medication, such as a GP or hospital doctor, before the prescription reaches the pharmacy. A dispensing error is a mistake made by the pharmacist or pharmacy staff when preparing and providing the medication to the patient. Both fall under the broader category of medication errors and can form the basis of a medical negligence claim where they cause injury and loss.