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Every day, millions of Australians receive prescriptions or medications from doctors, pharmacists, or other medical professionals. Usually, these are safe and effective — but when a mistake happens with the medication or dosage, the results can be serious and life-changing.
If you’ve been harmed by a medication error, you could be eligible for lump sum compensation. This covers everything from lost wages and medical bills, to home care costs and the emotional toll on your life.
Speak to us today for free advice on your medication error claim. Discover what you’re entitled to and how much compensation you could receive.
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Find out if you’re eligible for a medication error claim today.
For more than 25 years, we’ve been helping people affected by medication errors get the compensation they deserve. Here are some of the most common claims we’ve seen:
Prescription errors: for example, a doctor might miswrite the prescription or a pharmacist could misread the script. In the past, this was often caused by messy handwriting, but digital prescriptions are helping to make this cause less common.
Dosage mistakes: when doses are calculated by hand, it’s easy to make mistakes, resulting in medicine that’s too strong or too weak.
Expired medication: if medications aren’t stored right or are past their expiration, they might not work as they should, leading to unexpected issues.
Labelling and packaging confusion: similar-looking labels or packaging can cause mix-ups between different medications.
Miscommunication: sometimes, critical information about a patient’s allergies, other medications, or health conditions doesn’t get properly communicated, increasing the risk of error.
If you’re unsure whether you have a claim, reach out to us today. Our expert lawyers specialise in medical negligence, including medication error claims. During a free consultation, we’ll figure out if you have a case and the best strategy for securing your compensation.
What types of conditions can I claim for?
Medication errors can lead to a variety of health problems, from mild issues to serious complications. In our experience, here are some of the most common conditions you can claim for:
Worsening symptoms: if you get the wrong medication or the wrong dose, it might make your original problem worse instead of better.
Nausea and vomiting: these are common side effects of taking the wrong medication or an incorrect dosage.
Dizziness or light-headedness: many medication errors can cause feelings of dizziness, which can lead to falls or accidents.
Allergic reactions: administering the wrong medication may trigger allergic reactions, which can range from mild rashes to severe anaphylaxis. To make a claim, you'll need to show that the medical professional should have known about your allergy, like if it was noted in your medical records and they failed to check.
Heart issues: errors can potentially lead to serious cardiovascular problems, such as heart attacks or arrhythmias.
Strokes: certain medications, when prescribed or administered wrong, can increase the risk of stroke.
Kidney or liver damage: some medications can harm the kidneys or liver, especially if dosages are too high.
If you think you’ve been given the wrong medication or dosage and are feeling any of these symptoms, don’t wait — see a doctor immediately. Not only is it crucial for your health to receive the right treatment, but your doctor’s records can also serve as important evidence for your medical negligence claim.
How do I prove my medication error claim?
It’s important to understand that not all medication errors qualify for a medical negligence claim. You need to prove three key elements to make a successful claim:
Medication errors can occur through either negligent actions or inactions. For example, a negligent action could involve giving the patient the wrong dosage of a medication. In contrast, a negligent inaction would be a medical professional not fulfilling their expected duties, such as a doctor prescribing medication without thoroughly reviewing a patient’s medical history.
To determine if there’s been a breach of duty, the ‘reasonable standard of care’ test is used. This test looks at whether another qualified medical professional would have done the same thing in a similar situation.
Several factors are considered in this assessment, including:
Whether your medical professional followed established standards and guidelines.
Testimony from other medical professionals in the same field.
The specific circumstances of your case, including the treatment provided and its context.
You need to show a direct connection between your medical professional’s breach of duty and your condition. This involves meeting two key criteria:
Causation: you have to prove that your condition was either caused by the medical professional or that it got worse because of something they did (or failed to do).
Foreseeability: your condition must have been a ‘reasonably foreseeable’ outcome of the treatment (or lack of treatment) provided by your medical professional.
You’ll need to show that you’ve faced some injury and loss, like medical bills, lost income, or pain and suffering (how the injury has negatively impacted your life).
It’s crucial to know that proving medical negligence can be extremely complicated — that’s why our lawyers go through extensive training in both medicine and law. This unique combination of skills helps them prove negligence in even the toughest medication error cases.
What compensation am I entitled to?
The amount of compensation you receive for a medication error claim varies based on the details of your case, including your age, pre-injury income, and your level of impairment.
While some claims might settle for anywhere from $100,000 to $200,000, others could exceed $10 or even $20 million.
Depending on your situation, your compensation might cover things like:
Lost income: this includes both your current lost income and an estimate of your future lost earnings, plus any superannuation.
Pain and suffering: compensation for the physical and emotional toll of your condition.
Care and support: this covers costs for professional care or help from family and friends. If you can no longer care for someone who relies on you, you might get compensation for that too.
Other related expenses: things like medical bills, travel costs, and any modifications you need to make to your home or vehicle.
Do I need a lawyer for my claim?
You can technically file a medication error claim on your own, but we definitely recommend speaking to a specialist lawyer first. Medication error cases can get incredibly complicated because they involve negligence and medical law. You’ll need a lawyer with an in-depth knowledge of both to win your claim.
An experienced medical negligence lawyer will:
Listen to your story and provide free legal advice tailored to your situation.
Collect strong evidence proving your medical professional’s negligence and how it caused your condition.
Challenge evidence from the other side using medical reports and expert opinions.
Offer a free second opinion if another lawyer says that you don’t have a claim.
Identify your additional claims, like Total and Permanent Disability or workers compensation, which can boost your overall compensation.
Make sure you get maximum compensation for your condition.
Our medication error lawyers are specially trained to take on the major healthcare insurers. We work closely with a wide network of medical experts to prove negligence and secure the compensation you deserve.
Find a medication error lawyer near you
With 29 locations across Australia, it’s never been easier to find a specialist medication error lawyer. We have offices in all the major cities, including Sydney, Melbourne, Brisbane, Adelaide, Perth, Hobart, Darwin and Canberra.
Below, you can meet some of our award-winning medical negligence team.
Meet the team
Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’
Leon Monaco
Managing Partner
English, Russian
Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
Every case is unique, but your claim will usually follow these steps:
During your free consultation, you’ll chat with one of our skilled medication error lawyers about your situation. We’ll help you figure out if you’re eligible to make a claim, give you an idea of what your potential compensation could be, and assess your chances of success. There’s no pressure to go ahead, but if you decide to work with us, you’ll be backed by our No Win No Fee Guarantee.
Your lawyer will gather and review your clinical notes and medical history to strengthen your case. You might also meet with our medical experts for an assessment to verify your condition and how it affects you. Don’t worry about the costs upfront; we cover everything, and you only pay if we win your claim.
We work closely with our network of doctors, pharmacists and other medical experts to collect the evidence you need for your claim. This includes medical reports and testimonies from specialists.
With solid expert evidence in hand, we’ll begin court proceedings by filing the necessary documents and exchanging evidence with the other side. From there, your claim will move to mediation, where we’ll take care of all negotiations with the medical professional’s insurer to help you get the maximum compensation possible.
Most cases are settled during mediation, so it’s unlikely you’ll have to go to court. But if your case doesn’t settle there, don’t worry — we’re fully prepared to take it to court and fight for the full compensation you deserve.
Not all medication errors qualify for a medical negligence claim. Here are some situations where a medication error might not be considered negligence:
No harm done: if the error didn’t cause any injury, illness, or harm, it typically won’t qualify for a claim. For example, if you received the wrong medication but experienced no negative effects, you may not have a negligence claim.
Allergic reaction: these don’t automatically qualify as negligence; you’ll need to show that your medical professional knew (or should have known) about your allergy. For example, if your allergy wasn’t in your medical records, they might not be held negligent.
Informed consent: if you were informed about the potential risks of a medication and chose to go ahead anyway.
Following standard protocols: if the medical professional followed established protocols and guidelines in administering medication but you still had an adverse reaction, it might not qualify as negligence.
Patient’s non-compliance: if you fail to follow medical advice (e.g., not taking medication as prescribed) and suffer an injury as a result, the medical professional may not be held responsible.
Common knowledge: if a medication error is a common and known risk, it might not qualify as negligence.
You can make a medication error claim against any medical professional involved in prescribing, dispensing, or administering medication. This includes:
GPs.
Specialists.
Surgeons.
Pharmacists.
Nurses.
Healthcare assistants.
Hospitals or healthcare facilities.
Allied health professionals e.g. physiotherapists or occupational therapists.
This is just a snapshot of the medical professionals you can hold accountable for medication errors. If you’ve been affected by an incorrect script or dosage, don’t hesitate to get in touch. We’ll listen to your story and explain which medical professionals you might have a claim against.
For physical injuries, 3 years from the date of the medication error.
For diseases or disorders, 3 years after:
• Discovering the disease or disorder, and
• That it was caused by your medical professional’s negligence.
If you’ve missed the deadline to file a claim, you’ll need to ask the court for an ‘exception’. When reviewing your request, the court will consider factors like:
Whether you had proper legal representation.
Your efforts to get medical or legal advice.
How long the delay was.
The severity of your injury.
Any attempts by your medical professional to stop you from making a claim.
We highly recommend chatting with a lawyer before requesting an exception. Our specialist medication error lawyers can help determine the best exception for your situation and manage the application process for you. We have a solid track record of successfully resolving delayed claims for our clients.
For more details on time limits and exceptions for medication error claims, check out our complete guide.
How long your case takes really depends on how complicated it is and how long your condition takes to ‘stabilise’. That means it’s unlikely to get better with more time or treatment.
Generally speaking, most medication error claims are resolved in about 12 to 18 months. For a more accurate estimate, get in touch today. Once we know your situation better, we can give you a clearer idea of the timeline.
For anyone facing medical negligence issues, I highly recommend Monaco.
I contacted Monaco in regard to a complex negligence claim. The team at Monaco were both approachable and professional. Their knowledge and commitment gave me confidence and a strong case, which ultimately led to a successful outcome.
I would highly recommend Monaco for any cases of medical negligence.
I am forever thankful! God bless you for being there for me whenever I called.
Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.
I was completely surprised and also delighted by the outcome. Thank you so much, Monaco Compensation Lawyers. You changed my life forever; for the better. We were extremely successful and I am forever thankful. God bless this amazing team.
They were always ready to help with paperwork and answer any questions.
The staff at Monaco solicitors are very respectful, courteous, knowledgeable and professional. They were always able to help me with the paperwork on my case and always available to assist with any questions I had. They explained all the details of the process as it came up. I have no hesitation in recommending them to anyone who has a medical issue.
Easy and supportive define my experience with Monaco.
My experience with Monaco Solicitors has been very rewarding. My solicitor was Lucy, who was so easy to communicate with throughout the process. On mediation, she was so supportive. I certainly would recommend Monaco Solicitors to anyone who feels they may have a potential Medical Negligence claim.
Thank you for accomplishing so much in such a short time.
Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.
I was at rest in a very stressful situation, a bad situation. It was made to cope with because of the professionalism displayed at every turn by this super supportive team.
A Massive thank you to Daniella from me personally for all that you were able to accomplish in such a short time. To say I owe you is an understatement.
Good result! We had a complicated claim but they got the job done.
My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.
Their communication was fantastic, and they would always let us know when they had an update or when they expected an update. If I had a question Ben was always happy to answer to the best of his knowledge and do extra research if he was un-sure. We went with Ben because he specialized in super and feel that he did an awesome job with our claim, I would definitely recommend Ben and his team. He was very professional but also had some empathy and understanding which was nice 🙂
I knew it from the very first phone call: I had found a compassionate law firm.
Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.
From the very first phone call, I was treated with respect and I was always kept in the loop of the status of my claims, Early Release of Super & TPD. Both claims have been successful.
They helped me juggle my injury claim and my mum's full-time care.
I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.
Everyone I dealt with were so kind and helpful. They helped me where I was finding things difficult due to caring for my mum. They kept me up to date on what was happening.
Monaco Solicitors are very professional and I would recommend them if you are looking for a good solicitor.
Monaco helped me get much more compensation than I expected.
Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.
Monaco Lawyers were keen to help me, understanding and easy to work with. I received more than I thought I would get with the help of one of the Monaco Lawyers who knew exactly what she was doing, and fought on my behalf for a very good outcome.
I continue to have problems with my foot, but I feel I have received justice for something that was completely not my fault.
They gave it their all and the result was even better than expected.
At all times during this long process, I felt supported by the solicitors and barrister assigned to me. At mediation, it became clear that my team were doing all they could to get the best possible outcome for me. At settlement, they did better than I expected.
Suing a medical professional for negligence can be extremely complicated, so it’s important to have a lawyer who knows the ins and outs of this process. Our experienced lawyers combine proven legal strategies with extensive medical knowledge to secure the compensation you deserve.
We also collaborate with a network of medical experts who conduct independent exams, provide detailed reports, and offer strong testimony. This kind of evidence is crucial for proving negligence in medication error cases — without it, you might not get the full compensation you’re entitled to.
As ‘Compensation Law Firm of the Year in Australia 2020,’ we specialise in proving negligence, even in the toughest cases.
Reach out to us today for free, comprehensive legal advice. Find out what your options are, how we can support your claim, and the best strategy to maximise your compensation.
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