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Compensation for Being Prescribed Wrong Medicine

My doctor recently prescribed medicine which should have assisted in my recovery but instead made me gravely ill, can I claim compensation for being prescribed wrong medicine?

Claiming compensation for being prescribed wrong medicine can occur if you have been the victim of negligence. When you visit the doctor or undertake one of their recommended treatments, you fall under their duty of care and should not expect to become involved in an accident after being prescribed wrong medicine. However this claim for being prescribed incorrect medicine can be difficult as medical negligence* will be a factor – something which can be hard to prove. For this reason, you are advised not to pursue a claim without first contacting a personal injury* solicitor to assess your wrong medicine prescription injury.

Your compensation for being prescribed wrong medicine could be possible if it is determined that the careless actions – or lack of action – of your doctor resulted in you sustaining an avoidable illness or condition. If your accident after being prescribed wrong medicine occurred because of the negligent action of the doctor, it must be verified that another competent doctor would not have prescribed the same medicine for your condition. It could also be the possibility that your wrong medicine prescription injury occurred because of the negligence of the pharmacy which provided you with the incorrect medicine. In this situation a claim for being prescribed incorrect medicine could be made against the pharmacy if the incompetence of their staff resulted in your injury.

However it is also possible that compensation for being prescribed wrong medicine may not be made against a doctor if it is determined that they had taken sound judgement and prescribed the correct medicine. As with any case involving medical negligence*, a medical expert would be consulted if an accident after being prescribed wrong medicine has occurred, who will assess your claim and determine whether a competent medical professional would have taken the same action. In this situation, your doctor could have prescribed the correct medicine for your condition and your wrong medicine prescription injury was merely an unfortunate side-effect. Unless your doctor had failed to take an element of your medical history – such as allergies – into account, a claim for being prescribed incorrect medicine may not be possible.

Making a claim for being prescribed incorrect medicine can be notably difficult as it involves medical negligence*. To maximise the likelihood that your claim will be successful, you are advised to contact a personal injury* solicitor at the earliest opportunity following your wrong medicine prescription injury. When an assessment of your claim has been completed, your solicitor can advise you on whether you should continue with a claim for your accident after being prescribed wrong medicine. If you are determined to have sufficient grounds in which to seek compensation for being prescribed wrong medicine, your solicitor can represent the claim on your behalf and maximise the likelihood that your claim will be successful.