Can I Claim Compensation Because I Was Prescribed The Wrong Medicine By My Doctor?

Can I claim compensation because I was prescribed the wrong medicine by my doctor?

The major issue that has to be addressed here is why did your doctor prescribe you the wrong medicine? Possibly it was a straightforward error in prescribing or, more significantly, an error in diagnosis. The first course of action you should take is to have an immediate independent examination to ensure that you have not been misdiagnosed, as the impact on your health could be far more serious.

The Consequences of a Prescribing Error

If you have an ongoing condition and a prescription error has caused your health to deteriorate, you are entitled to claim medical negligence injury compensation. However, how much compensation you receive may be reduced because you took the medication even though you knew it was different from before. Inasmuch as a doctor has a duty of care towards his patients, a defence counsel in court would argue that you contributed to the deterioration in your health by your own negligence.

The Consequences of a Diagnosis Error

A misdiagnosis of your condition is also grounds for a medical negligence compensation claim provided it can be proven that “on the balance of probability” your doctor caused you to suffer a loss or injury due to a lack of skill or an inability to demonstrate that skill. Whether a misdiagnosis has occurred will usually be determined by a medical expert brought in by your solicitor to establish that your loss or injury was “avoidable in the circumstances and at that time”.

Other Factors to Consider in a Claim for Medical Negligence Injury Compensation

The major factor in to consider in a claim for medical negligence injury compensation is that an injury or loss has actually resulted from your doctor´s negligence. If you have been prescribed the wrong medicine but failed to take it, some damage may still have occurred, but a prescribing error or a misdiagnosis on its own is insufficient cause for a medical negligence injury compensation claim.