In most claims for personal injury, you can pursue damages for the pain, suffering and loss of amenity caused (known as General Damages) and for any losses and expenses incurred (known as Special Damages). As long as you have suffered in some way and the suffering has arisen from the negligent advice about medication, that is when you may be eligible to pursue a case.
Have you suffered due to negligent advice about medication?
If you have suffered any kind of injury or loss, even if it is prolonged injury or loss, that has arisen from negligent advice about medication, you could be eligible to pursue a claim for personal injury compensation.
There are many ways in which you could be eligible to pursue a compensation claim for this kind of problem. Some examples can include:
- Negligent advice about medication you are told to take when you do not need it.
- Being given the incorrect medication or the incorrect dosage.
- A lack of advice or negligent advice in respect of suitability, such as risks related to any underlying conditions you have, or further risks due to taking with other medications.
- The incorrect diagnosis or course of treatment that leads to the wrong medication being used.
The suffering could come in many forms. It could be from prolonged suffering because the incorrect medication or dosage is not helping your problems, or it could be worsening suffering for similar reasons. It could also be from suffering due to known risks that arise from the incorrect advice about medication. Although it is not common to be able to claim just for known and acceptable risks, this is not the case if those risks arise because someone has made a mistake.
You may also be able to claim if your problems have stemmed from an issue with the product itself. We will touch on this a little more below with a recent example of an issue with a product but, if you have suffered due to contaminants in medication, or the incorrect labelling instructions, you may also be able to claim in those sorts of circumstances.
Proving your claim for compensation
In most claims for personal injury compensation, you need to prove that you have suffered as a result of some form of negligence to be able to pursue a legal case. What you then need to prove is that the negligence resulted in your suffering, which is usually known as medical causation.
We can evidence this in a number of ways, but one of the primary methods is with expert medical evidence that we can obtain as part of a legal case for you.
recent Class 4 Medicines Defect Information: Naprosyn Tablets
To touch on an example of where the incorrect labelling and instructions could cause an issue, we can look at a recent Class 4 Medicines Defect publication from the MHRA (Medicines and Healthcare products Regulatory Agency).
According to the publication, Atnahs Pharma UK Limited has informed the MHRA that the Patient Information Leaflet in some of its batches of “Naprosyn Tablets (all strengths), Naprosyn EC 250mg Gastro-Resistant Tablets” is missing information. The missing bit is about speaking to your doctor if you are taking specific medication such as “aspirin/acetylsalicylic acid”.
This may be because of any interference or adverse effect that could be caused when using multiple medications. It is quite standard for this kind of advice to be included in the Patient Information Leaflet but, on this occasion, some data appears to be missing.
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