Prescribed Wrong Medicine Claims

Do I need a solicitor to make prescribed wrong medicine claims or can I apply for compensation to the Injuries Board?

Answer:

You will need a solicitor to make prescribed wrong medicine claims for compensation as the Injuries Board Ireland regard claims for having been prescribed the wrong medicine as medical negligence and – although an admission of negligence is practically assured – will decline to process applications for assessment submitted to them.

However, before any prescribed wrong medicine claims for compensation are considered, it first has to be established that you suffered an injury or the deterioration of an existing condition because of your doctor´s negligence. Negligence alone is insufficient grounds to make prescribed wrong medicine claims.

Therefore, a solicitor would arrange for a medical expert to give you an examination and review your medical notes to ascertain whether your doctor “at the time and in the circumstances” prescribed you a wrong medicine which “on the balance of probabilities” resulted in a negative event.

Once negligence and injury are established, your solicitor will send a Letter of Claim to your doctor, advising him or her that you are making a compensation claim for having been prescribed the wrong medicine and asking them to acknowledge your claim.

Once liability has been admitted, your solicitor will calculate how much compensation for being prescribed the wrong medicine you are entitled to, based on the extent of your injury or the deterioration of your existing condition and what impact it has made to your quality of life.

However, if it is considered that any “reasonable” person would have noticed that they had been prescribed the wrong medicine – if, for example, you had requested a repeat prescription and were provided with a completely different medicine which you took regardless – how much compensation for being prescribed the wrong medicine you are entitle to will be reduced to reflect your own lack of care.

As it is necessary that a medical examination is conducted to indicate the severity of your injury and support your claim for being prescribed the wrong medicine, it would be in your best interests to speak with an experienced medical negligence solicitor at the first possible opportunity.

It should also be highlighted that, even if this was a claim that could be dealt with by the Injuries Board Ireland, there are still certain benefits of using the services of an experienced solicitor.