Compensation Claim for Being Given the Wrong Medicine Dosage

Can I make a compensation claim for being given the wrong medicine dosage by a nurse in hospital? I suffered kidney damage from receiving an incorrect dosage of medicine.

It is important that you speak with a personal injury solicitor about making a compensation claim for being given the wrong medicine dosage in hospital. You will need to describe the circumstances under which you were given the wrong medicine dosage, should explain about the medication you received and what you have been told by the doctors about the damage that has been caused to your kidneys.

In order to claim compensation for being given an incorrect medicine dose in hospital, there must have been a failure in a duty of care in addition to negligence. The incorrect dose must also have caused a patient to sustain an injury, and in your case it is clear that all of these qualification criteria have been satisfied. However, what is not clear is how the error was made, and this must be determined so the compensation claim for being given the wrong medicine dosage can be made against the correct third party.

Kidney damage is most likely to be caused in patients with renal impairment, as damaged kidneys cannot deal effectively with high doses of medication, although some drugs are toxic in high concentrations even when the kidneys are fully functional. Your doctor should have been aware of the correct dose to give you, and if you had kidney disease the doctor who prescribed your medication should have given this full consideration when selecting both the drug and the dosage. A failure by a doctor to check your medical records or simply to prescribe a dangerous dose of medication would be classed as medical negligence; in which case compensation for being given an incorrect medicine dose would be claimed against the doctor.

If the doctor prescribed the correct medication and dosage, your injuries may have resulted from a nurse administering an incorrect dose of medication. Nurses are required to dilute certain intravenous drugs before administering them to a patient, and if this was the case it would be the nurse against whom the claim for a medicine dosage error for an error is made for negligence in the administration of medication. It is also possible that the hospital pharmacist made an error when dispensing the medication, and there may even have been contributory negligence by any or all of these third parties.

Until the negligent third party has been identified, it will not be possible to make a compensation claim for a medicine dosage error; so an investigation needs to be conducted into the cause of the error, and the services of a personal injury solicitor will be required in this regard.

A solicitor will write to all parties to identify where the error was made and which individual(s) was responsible for you receiving the wrong medicine dosage. A solicitor will also consult a doctor with experience in dealing with renal problems from drug toxicity to establish the degree of damage caused, and to provide a prognosis for you making a full recovery. Once the extent of your kidney damage has been established, the value of your compensation claim for being given the wrong medicine dosage can be accurately calculated.

It is also important that this serious error is reported to the HSE, or an official written letter of complaint is sent to the hospital or clinic if you were being treated in a private hospital. An internal investigation will also need to be conducted, not only to assist with determining the cause of the error but to ensure that action is taken to prevent further serious medication errors from occurring in the future.