A pharmaceutical accident claim can be very serious especially if someone has been prescribed the wrong medication for their illness or injury and consequently suffered adverse effects. Other ways to classify this sort of claim involve the use of the terms clinical negligence claim and medical negligence claim.
When a person takes the medication prescribed to them, they trust the doctor or specialist implicitly and will take the prescription without question. Taking something that is not needed may seemingly have no effect, or it can make the patient even more ill which could lead to accidental overdose. In some cases the patient will have an allergic reaction to the drug, which can lead to hospitalisation and worse. Another reason for a pharmaceutical accident claim is if a person has been taken off their medication too quickly, which can result in a reappearance of their symptoms or the onset of withdrawal symptoms. There is also the possibility that someone has wrongly been given two types of medication that react together causing adverse effects; in all of these cases a person is within their rights to pursue a claim for compensation.
Although the problem may have been caused by the negligence or mistake of a doctor, the doctor will not personally pay out the funds awarded by the compensation claim. All doctors have insurance that protects them against such accidents or oversights, meaning that the insurance company will pay out the amount awarded by a successful personal injury claim.
If a person has any queries relating to the circumstances surrounding a claim, or wishes to understand more fully the claim process, then contacting Accident Advice Helpline is advised. Our friendly and helpful staff will be able to offer free legal advice in order to help a person understand their rights during the compensation claim process. Our 24/7 phone helpline can help deal with each person as an individual and the advice will be tailored to meet the specific needs of each person’s circumstances.
If a person takes medication that is out of date, or the medication taken has not been prescribed to the person, then it is highly likely that the claim will not be successful. The medical negligence claim applies to the fact that someone has been the victim of an accident that is not their fault and the above-mentioned circumstances are not the result of clinical negligence.
For more information, Accident Advice Helpline website contains a wealth of advice and case studies that will help a person to understand the process. There is also a short form on the site that when completed tells a person within 30 seconds approximately how much they can expect to receive from their claim. Our specialist solicitors have experience in various fields of personal injury claims and are able to offer expert representation. All claims taken on by members of our law team are done so with a no win, no fee* basis.
Date Published: May 19, 2014
Author: David Brown