Due to my being given wrong medicine, I experienced an allergic reaction and had to be hospitalised. Am I entitled to make a compensation claim against the doctor who prescribed the medicine?
When being given wrong medicine results in an injury which is due to negligence on the part of a medical professional who owes you a duty of care, you are entitled to claim compensation against them. However, medical negligence cases must prove that “on the balance of probability” the medical practitioner responsible for your care was negligent – an assessment that is made through comparison with other practitioners’ actions under similar circumstances.
Therefore, the circumstances that led to you being given the wrong medicine, and the harm that led to hospitalisation as a result of it, would need to be evaluated as there may be extenuating circumstances that may affect whether or not the doctor in question is liable for the injury caused when you were given wrong medicine. For instance, if you failed to inform the doctor of known allergies or were taking other medicine which you did not inform the doctor about, you may be found to be partially negligent for the adverse reactions you experienced when you were given the wrong medicine.
However, it may be the case that your doctor was clearly negligent. While medical professionals strive to provide a high standard of care to patients, sometimes errors occur in the highly stressful environment in which doctors and medical practitioners often work. Unfortunately, when this happens it poses life-threatening risks to victims. For example, if you have been given wrong medicine due to your doctor’s miscalculation of possible reactions or failure to heed to drug manufacturer’s instructions, your doctor may be found entirely negligent, in which case you would likely have a successful compensation claim against the private practice’s or the Health Trust´s insurers.
If you feel you have been given wrong medicine due to your doctor’s negligence, it is advisable to speak to a personal injury solicitor who is familiar with medical and clinical negligence cases. An experienced solicitor can help you assess whether you have a viable claim for compensation against the doctor from whom you were given wrong medicine.