Prescription and Medication Error Claims Solicitors

Most prescription or medication error claims have a three-year time limit, starting from the date the mistake is realised. But there are exceptions to this rule:

• Claimants under the age of 18 have until their 21st birthday
• Claimants who are mentally incapacitated have no time limit to claim
• If a claimant dies during their claim, the three-year time limit restarts from their date of death

The three-year time limit does not necessarily start from the date the medication was issued or prescribed, as it may take weeks or months to notice something is wrong. The Date of Knowledge rule ensures the time only begins when a claimant should have reasonably suspected that negligence occurred.

Every medical negligence claim is at the discretion of the Court, meaning it is possible for a claim to proceed even if the time limit has expired. Get in touch to set up a free initial consultation with our specialist solicitors for prescription negligence, and we will advise on whether you have a viable claim.

Prescription error claims are often more straightforward to establish than other types of claim. We typically expect these claims to last between two and five years before final settlement. 

However, your timeline may vary depending on the stance taken by the Defendants or how long it takes to receive evidence from independent medical experts.

Yes. If the claimant cannot make a prescription negligence claim themselves – they may be underage or lack mental capacity – you may be able to act as their Litigation Friend. 

Being a Litigation Friend means you assume the role of the claimant, working with your solicitor through the process and making decisions in the best interest of the true claimant.

Want to know more? Watch our podcast on claiming on someone’s behalf.

By working with “no win, no fee” solicitors, such as our team at Gadsby Wicks, you pay nothing at any stage of your prescription error claim – we only receive a success fee if we win your case.

For more information on the legal costs involved in making a clinical negligence claim, explore our funding options. No matter how your claim is financed, you will receive the same level of specialist expertise at every stage.

In most cases, no. 96% of our claims are settled outside of the courtroom, which often results in a faster, less stressful outcome.

However, if your case does proceed to court, we will work closely with you to ensure you understand what to expect.

If you believe you or a loved one has suffered as a result of a prescription or medication error, speak to our experienced claims solicitors.

Gadsby Wicks is regarded as one of the best medical negligence firms in England and Wales. From the moment you get in touch, you will be assigned one dedicated lawyer to manage your case from start to finish.

They will thoroughly investigate all available evidence and consult impartial medical professionals to build the strongest possible case for you. If at any stage we do not believe you have a viable claim, we will be honest and transparent.

However, if our experts confirm that a healthcare professional breached their duty of care to you, we will work hard to ensure that you are fully compensated. Our investigations will also get to the bottom of what happened, so similar mistakes can be avoided in future. The ultimate cause could also be due to a medical misdiagnosis as well as other potential factors that will need to be established in order to hold a doctor or hospital accountable.

At Gadsby Wicks, we have multiple ways to fund your claim. Most of our clients work with us on a ‘no win, no fee‘ agreement – that means we take on the legal costs of their case upfront and only recover a fee if we win.

If you would like to talk to us about other funding options, we can advise you on the best approach for your circumstances. No matter how your claim is financed, you will receive the same level of specialist expertise at every stage.

We know how upsetting the impact of medication or prescription errors can be – both for those directly affected and their loved ones. If you or someone close to you is struggling to cope, the following local and national organisations in Essex can offer help and support:

Healthwatch: An independent voice for patients in Essex, helping people raise concerns, understand care options and find local support if they’ve experienced poor treatment.

AvMA (Action against Medical Accidents): The UK charity for patient safety and justice, offering free, independent advice to people affected by medication errors and those considering a negligence claim.

The Patients Association: A national healthcare charity with a free helpline for patients with concerns about NHS care, including prescription and medication errors.

POhWER: Free, independent advocacy to help patients who feel that they have not been listened to make a complaint about NHS treatment nationwide.