Medication errors and prescription errors are responsible for up to 3% of hospitalisations in Australia, with costs to the healthcare system of $1.2 billion. You could be eligible for a claim of medical negligence if a medication you received has caused adverse reactions or other complications.
Medication or prescription errors can occur due to inaccurate prescription, dispensing or usage. They might be caused by misdiagnosis or incorrect medical decisions; lack of training or pharmacological knowledge; miscommunication between patients, prescribing doctors, and other medical professionals; or any number of other causes.
If you suspect you have suffered harm from a medication error or prescription arising from medical negligence, What’s My Claim Worth can help you understand your situation, legal options, and the compensation available to you.
Am I eligible for a medication error claim?
Medication errors can result in compensation claims if they are proven to be caused by medical negligence. That means that the responsible medical practitioner has breached their duty of care under Australian law, which has several elements.
Firstly, the medical practitioner must be the person responsible, or liable, for the medication or prescription error. Medical practitioners have an obligation to exercise the reasonable skill, care, and expertise that would be expected of someone in their position, and a failure to do so must be demonstrated. Finally, the failure must result in material harm that would not have otherwise occurred.
In almost all cases, claims for medication errors must be brought within three years of the discovery of the medical negligence.
It can be difficult to determine the medical and legal requirements to bring a compensation claim for a medication error, and even more difficult to prove them. Understanding your legal options and the processes behind them can also be stressful while recovering from injury or medical accident. A What’s My Claim Worth advisor can help you clarify your situation, navigate your options and pursue the compensation you’re entitled to.
How much is my medication error claim worth?
Medical negligence claims in Australia may result in several different types of payments, including:
- Compensation for costs incurred or expected, including treatment and professional care
- Compensation for lost earnings, or loss of projected future earnings
- Compensation for damages in the form of pain and suffering
- Compensation for loss of enjoyment of life
Depending on your circumstances, you, your dependents or your carers may be eligible for other forms of payment. All medical practitioners in Australia must be covered by Professional Indemnity Insurance, which means that your compensation will be paid by the insurance company, not the doctor.
How can What’s My Claim Worth help me?
What’s My Claim Worth’s expert advisors can help you understand your situation, your legal options, and the value of your potential claim. We can connect you with a lawyer specialising in medical negligence claims from our panel of legal experts, who will help guide you through your journey and help you achieve the compensation you’re entitled to. Our lawyers operate under a No Win, No Fee guarantee (excluding defendant costs if the claim is litigated), meaning you’re free to pursue justice without wondering whether you can afford it.