Extensive tests are undertaken before prescription drugs are made available for the consumption of patients. The Medicines Act 1968 regulates the use of prescription drugs, which are subject to detailed licensing requirements.
Many patients take medication prescribed to them by healthcare professionals and suffer no adverse effects, however, some individuals do experience undesirable and severe side effects.
What are the effects?
Most drugs are taken orally and travel through the digestive system for absorption. Due to this, common side effects of prescription drugs tend to be gastrointestinal issues, including abdominal pain, nausea, constipation and diarrhoea. In more serious cases, adverse effects include difficulty breathing, organ damage and failure, disability and even death.
Establishing a claim
Healthcare professionals must exercise diligence and consider any underlying health conditions or allergies that may affect the patient when prescribing a particular course of medication. Failure to do so is considered a breach of duty of care and can amount to medical negligence. Patients should have confidence that their healthcare professional has provided them with the correct medication. Unfortunately, sometimes errors are made which leave patients suffering serious and adverse effects, meaning they are entitled to compensation.
Errors that give rise to a claim
The most common errors that give rise to a claim include:
- Incorrect dosage of medicine.
- Medicine prescribed for an over-extended period.
- Two or more medicines prescribed that should not be used in conjunction with one another.
- Prescription of medicine which patient has a known allergy.
To successfully claim compensation in such cases, the adverse reaction must be foreseeable. Claims can be hindered by ‘contributory negligence’ on the part of the patient if they act with a lack of concern which contributes to their harm or injury. This includes:
- Failure to take the prescribed medications correctly.
- Failure to seek medical assistance when the adverse effect was noticed.
- Continuing to take the medication and worsening your condition.
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