Your medical prescriptions can be hard to keep track of, especially if you have many to manage. So when a prescription mistake occurs, you might feel anxious and stressed about how to resolve the issue, and what next steps you should take. That’s where the experts at Medical Law Partnership are here to help.
In this blog, we’ll discuss signs you might have an incorrect prescription, your legal rights as a patient, and what you can do next if you believe your doctor has prescribed you the wrong medication.
What is a medication error?
Medication errors refer to any mistake during the prescribing, preparation, dispensing, administration, monitoring, or advice given about a medication.
For example, if a doctor prescribes a drug to a patient that has an allergy (e.g. antibiotics containing penicillin when the patient is allergic to this), this would be considered a medication error.
How often do prescription mistakes happen?
Prescription mistakes aren’t incredibly common. In fact, the NHS reported 1,420 claims relating to errors in the medication process between April 1st 2015 and the 31st March 2020. If you are ever unsure about a prescription, it’s always best to check with your GP before taking the prescribed medication.
Signs you may have been prescribed the wrong medication
If you think you may have been prescribed the wrong medication, but aren’t sure, here are some signs that a mistake might have been made:
Unexpected side effects
If you’ve taken your prescribed medication and start experiencing symptoms that aren’t listed on your medication pamphlet (the piece of paper that comes inside your prescription), it could be a sign you’ve taken the wrong medication.
Symptoms not improving (or getting worse)
If you believe your condition is not improving after taking the medication, or your symptoms are actually worsening, it might be an indication that you’ve been given an incorrect prescription or the medication is not suitable for you.
Changes in behaviour
Sometimes, the signs that you’ve been given the wrong medication can be identified through changes in behaviour, such as sudden mood changes or severe fatigue.
What to do if you think your doctor has prescribed the wrong medication
Stop & check before taking more
If you’ve experienced any of the above signs and believe that you might have taken the wrong medication, take a look at your prescription. If you don’t recognise the name of it, avoid taking any more until you’ve spoken to your doctor.
Contact your GP
If you’ve checked your prescription and believe it to be incorrect, contact your GP as soon as possible. They should be able to check if any mistakes have occurred somewhere along the way and review your prescription.
Speak to your pharmacist
If you can’t get in touch with your GP, try to speak to your local pharmacy. The pharmacists will be able to offer insight into whether the medication matches your prescription and provide immediate advice.
Seek urgent medical help if needed
If your symptoms worsen after you suspect you’ve taken the wrong medication, you should seek urgent medical help. If you’re unable to speak to your GP or your pharmacist, call 111 as they can advise you on how best to handle the situation.
What are my rights as a patient?
Let’s take a look at what rights you have as a patient, especially if you think you’ve been prescribed the wrong medication:
Access to your medical records
You have a right to access your medical records under the Data Protection Act 2018. This includes any doctor’s notes, hospital reports or test results. Get in touch with your doctor’s surgery for more information.
Asking for a second opinion
You might not have a legal right to a second opinion, but the General Medical Council does ask doctors to respect a patient’s wish to have one. If you want to speak to another doctor, ask your GP to refer you to another specialist.
Raising concerns safely
You can also contact your nearest Patient Liaison and Advice for confidential advice and support related to your problem. This system is in place to help resolve medical issues before they become formal complaints.
Can you claim compensation for wrong medication?
Yes – you might be able to claim compensation if you have been prescribed the wrong medication and it’s caused you harm. Mistakes can happen without having negative impacts, but when they cause injury or worsening health, you might be able to claim.
When medical negligence applies
Medical negligence applies when a doctor or healthcare professional fails to provide you with a reasonable standard of care. For example, if you’ve been given the wrong medication, dosage, or if the doctor has failed to check whether you have an allergy.
What evidence you may need
If you believe you might have a claim, it’s important to gather as much evidence as possible. This will be beneficial to your claim as it helps to prove where and when medical negligence has occurred. Furthermore, try to also keep a record of any physical or mental negative effects you believe to have happened as a result of taking the wrong medication.
When to seek legal advice
It’s best to seek legal advice as soon as possible if you believe that you’ve suffered due to medical negligence. Acting straightaway can help you preserve evidence and guarantee that you meet the time limits for making a claim.
Get help from the Medical Law Partnership
We’ve helped hundreds of people get the justice they deserve from medical negligence claims. Claiming might seem overwhelming, but our team is ready and waiting to support you, as well as manage the entire process on your behalf.
As we operate on a no-win, no-fee basis, there’s no financial risk when starting a claim – if your claim is unsuccessful, you won’t have to pay us anything.
If you want to find out more, get in touch with the Medical Law Partnership for free today to discuss your situation with a member of our team.