The healthcare system needs to have a good level of trust between the medical professional and patient. This trust is governed by a legal and ethical framework known as the duty of care to ensure that all patients receive their just levels of care. When healthcare providers fail to meet this standard, the legal principle of negligence comes into play. This refers to a failure to exercise the reasonable expected care of a professional, which can lead to a preventable incident that could have caused injury or more to a patient.

Errors from medical professionals can come in several forms and have the potential to cause devastating consequences. From a doctor prescribing the wrong drug to a pharmacist dispensing an incorrect dosage, there’s always room for something to go wrong. Understanding the legal elements that constitute negligence is crucial for exploring how these mistakes occur and for holding accountable those responsible for a patient’s unnecessary suffering.

In this guide, we will explore negligence in medication and pharmaceutical errors and how a negligence claim works if you’ve been a victim of it. Continue reading to find out more.

Medication and Pharmaceutical Negligence Claims

To establish a claim of negligence in a medication negligence case, a claimant must prove several key elements. They’re often referred to as the four D’s of medical negligence and are considered to be essential when you’re making a claim.

Duty of Care

It must be established that the healthcare professional owed a duty of care to the patient. This relationship is generally presumed once a healthcare provider begins treatment or offers advice. The most common evidence is the patient’s medical record, which will show the dates of appointments, consultations and treatments. This includes hospital charts, doctor’s notes, prescriptions and test results that all prove you’ve been treated by a medical professional.

Deviation from the Standard of Care

The claimant must demonstrate that the professional’s actions fell below the accepted standard of care. This is not about whether a different professional would have done something differently, but whether a responsible body of clinical opinion would support the action taken. For example, a pharmacist giving the wrong medication because they misread a handwritten prescription might be considered a breach of this duty.

Direct Cause

The claimant must prove that the breach of duty directly caused or contributed to the harm suffered. This is often the most challenging part of a negligence claim, as it requires showing that the harm would not have occurred if the professional wasn’t negligent. If a patient’s condition worsened, it must be proven that the medication error was the cause and not the natural progression of the disease.

Damage

The claimant must have suffered actual injury, loss or damage as a result of the negligence. This can include physical, psychological and financial harm, such as pain and suffering, emotional distress, lost wages and the cost of additional medical treatments to fix the issue.

• Physical Injury and Illness: This is the most common form of damage. It includes broken bones, cuts, internal injuries, illnesses and dental damage directly caused by the defendant’s negligence. The claim can cover both the immediate harm and any long-term physical effects. Although, you wouldn’t expect this to happen with dental implants in Melbourne and other big cities.
• Psychological Harm: In addition to physical injuries, a claimant can seek compensation for psychological harm. This includes conditions such as post-traumatic stress disorder (PTSD), severe anxiety, depression or emotional distress that are a direct result of the negligent act. The harm must be more than mere upset or grief, as it must be a diagnosable psychiatric condition.
• Financial Loss: The financial consequences of negligence can be significant. This includes the direct monetary costs incurred as a result of the injury or harm, which can be in the form of lost wages or medical expenses. You can be given the choice to appeal to get your money back.

Common Types of Errors

Negligence can occur at any stage of the medication process, so it’s important to be aware of when exactly the issue occurred. Some of the most common types of errors include:

• Prescribing Errors: A doctor could prescribe the wrong medication, order the incorrect dosage or fail to check for harmful drug interactions with existing medical conditions of the patient. 
• Dispensing Errors: A pharmacist could give the incorrect medication to a patient, give them an incorrect dosage or fail to provide adequate instruction on proper usage. This could lead to something very bad going wrong and can entitle you to make a claim.
• Administration Errors: A medical professional could administer the wrong medication, give the drug at the wrong time or administer medication that was meant for a different patient. The pharmacist could also fail to provide clear instructions on how or when to take the medication, which can lead to improper use and a negative outcome.
• Monitoring Errors: Medical professionals need to perform necessary follow-up tests or blood work to monitor a patient’s response to a drug. This means checking for adverse reactions or complications.

Wrong Medication Dispensing Case Study

A pharmacy in Wolverhampton was found to be negligent after a client’s father was given the wrong medication. The pharmacy had correctly labeled the box, but the wrong tablets were inside. This error caused his blood pressure to become unregulated and prevented him from receiving proper cancer treatment, leading to a successful settlement.

In another case from Norwich, a patient with Irritable Bowel Syndrome was prescribed a high dose of thyroid medication by a junior doctor who was not properly supervised. A pharmacist then misread the prescription and dispensed the wrong drug. The patient was rushed to the hospital with life-threatening organ problems and suffered long-term psychological distress. The case resulted in a settlement after the medical practice eventually admitted fault for the physical and psychological trauma.

Final Thoughts

The process of pursuing a negligence claim for medication and pharmaceutical errors is not about simply pointing out a mistake. It is about systematically applying a well-established legal framework to hold professionals and organizations accountable. Proving the existence of a duty of care and demonstrating a breach of that duty can allow the claimant to build a strong case, as they attempt to get the compensation they deserve. 

This structured approach ensures that legal principles are met sufficiently. The legal system can ensure that the high standards of care expected in the medical and pharmaceutical fields are upheld, protecting patients and providing a path to restitution for those who have been harmed. Been Let Down solicitors are at the forefront of this, as they aim to help all those with medical negligence claims across the UK.