If a GP, hospital doctor or pharmacist prescribed or dispensed the wrong medication, wrong dose or failed to check for interactions or allergies, and that error caused you harm, you can claim compensation. The claim is a form of clinical negligence. You must show the error fell below the standard of a competent practitioner and caused your injury. You normally have three years from the date of the error or from when you first became aware of it.
Prescription and medication errors are more common than most people realise. They range from a GP prescribing a drug you are allergic to, to a pharmacy dispensing the wrong tablets, to a hospital giving the wrong dose of a critical medicine. When these errors cause harm — a severe allergic reaction, organ damage, a worsened condition, or delay in receiving the right treatment — the patient may be entitled to compensation. This guide explains how these claims work under UK law.
Types of prescription error
A medication error can occur at any point in the chain from prescribing to dispensing to administering:
- Wrong drug prescribed. The clinician selects an inappropriate medication for the patient's condition.
- Wrong dose. Too much or too little of the correct drug, leading to toxicity or ineffective treatment.
- Failure to check allergies or interactions. Not reviewing the patient's records for known allergies or checking whether the new drug interacts with existing medication.
- Dispensing error. The pharmacy issues the wrong drug, wrong strength or wrong form (e.g. tablets instead of liquid).
- Failure to review repeat prescriptions. A medication that should have been reassessed or stopped continues to be issued automatically.
- Administration error. In a hospital setting, the right drug is given by the wrong route, at the wrong time, or to the wrong patient.
What you need to prove
A prescription error claim is a clinical negligence claim. You need to establish three elements:
- Duty of care. This is automatic: any treating clinician or dispensing pharmacist owes a duty to the patient.
- Breach of duty. The error fell below the standard of care that a reasonably competent practitioner in that field would have provided. This is tested against the Bolam test (Bolam v Friern Hospital Management Committee [1957]) as qualified by Bolitho [1998] — the practice must be one that a responsible body of medical opinion would support and that withstands logical analysis.
- Causation. The error caused or materially contributed to your injury or loss. This is often the hardest part, because the defendant may argue your condition would have deteriorated anyway.
✓ Who is the right defendant?
If a GP prescribed wrongly, the claim is against the GP practice. If a hospital doctor made the error, the NHS Trust is the defendant. If the prescription was correct but the pharmacy dispensed the wrong medicine, the claim targets the pharmacy. In some cases, more than one party shares responsibility.
How much compensation for a prescription error?
Compensation depends entirely on the nature and severity of the harm the error caused. The Judicial College Guidelines (JCG), 17th edition (April 2024), value the injury itself (general damages) according to the type of harm sustained — for example, an allergic reaction, organ damage, or a period of additional illness. Representative brackets include:
| Outcome | Guideline bracket |
|---|---|
| Short-lived reaction or illness, full recovery within weeks | £1,900 – £4,350 |
| Moderate illness or injury lasting months | £4,670 – £14,720 |
| Serious organ damage or prolonged hospitalisation | £14,720 – £48,000 |
| Severe or permanent harm (e.g. kidney failure, brain damage) | Significantly higher, case-specific |
Special damages — lost earnings, the cost of corrective treatment, rehabilitation and ongoing care — are calculated separately and can be very substantial, particularly where the error has long-term health consequences. See our medical negligence guide and how compensation works.
Evidence for a prescription error claim
| Evidence | Purpose |
|---|---|
| GP, hospital or pharmacy records | Shows what was prescribed, dispensed and when |
| Your allergy and medication history | Proves the clinician should have been aware of the risk |
| The medication packaging or label | Evidence of what was actually dispensed |
| Independent medical expert report | Confirms the error, its consequences and prognosis |
| Records of financial losses | Lost earnings, treatment costs, care |
Time limits
You have three years from the date of the error, or from the date of knowledge — when you first became aware that your condition was caused by the medication error — whichever is later (Limitation Act 1980, section 14). For children, time runs from their 18th birthday. See our time limits guide.
Getting help
We are not a law firm. Prescription error claims are specialist clinical negligence matters. For an experienced solicitor, use the SRA register, the Law Society "Find a Solicitor" service, or look for membership of the Action against Medical Accidents (AvMA) panel. Citizens Advice provides free guidance, and the NHS complaints process (via PALS) can run alongside a legal claim.
Frequently asked questions
Can I claim compensation for a prescription error?
Yes, if a GP, hospital doctor or pharmacist made an error with your medication and that error caused you harm. You need to show that the professional fell below the standard expected of a competent practitioner in that field (the Bolam test) and that the error caused or materially contributed to your injury or worsened condition.
What types of prescription error can I claim for?
Common types include prescribing the wrong drug, prescribing the wrong dose, failing to check for drug interactions or known allergies, dispensing the wrong medication at the pharmacy, failing to review repeat prescriptions, and continuing a medication that should have been stopped. Any of these can form the basis of a claim if the error caused you harm.
How long do I have to claim for a medication error?
Three years from the date of the error, or from the date you first became aware that your condition was caused by the medication error, whichever is later. This date-of-knowledge rule under the Limitation Act 1980 section 14 matters because the harmful effects of a wrong prescription may not become apparent immediately.
Do I claim against the GP, the hospital or the pharmacy?
It depends on where the error occurred. If the GP prescribed the wrong drug, the claim is against the GP practice. If the hospital prescribed it, the NHS Trust is the defendant. If the correct drug was prescribed but the pharmacy dispensed the wrong one, the claim is against the pharmacy. Your solicitor will identify the correct defendant based on the evidence.
What do I need to prove in a prescription error claim?
Three things: duty of care (which is automatic with any treating clinician or dispensing pharmacist), breach of duty (the error fell below the standard of a competent practitioner), and causation (the error caused or materially contributed to your injury). Causation is often the most contested element because the defendant may argue your condition would have occurred regardless.
Can I claim if a prescription error worsened my existing condition?
Yes. If the wrong medication or wrong dose made your existing condition worse, delayed your recovery, or caused a new side-effect or complication, you can claim for the additional harm. You would not be compensated for the underlying condition, but for the aggravation caused by the error.
Get help from official, free sources
- Solicitors Regulation Authority (SRA) — check a solicitor is regulated
- The Law Society — Find a Solicitor — clinical negligence specialists
- Action against Medical Accidents (AvMA) — specialist clinical negligence charity
- Citizens Advice — free, impartial guidance on your rights
Related guides: medical negligence claims, cancer misdiagnosis claims, how compensation works, how to make a claim and no win, no fee explained.