Overdose or underdose of medication claims

What is an overdose or underdose of medication?

An overdose or underdose of medication happens when a patient receives either too much or too little of the prescribed drug. Medication dosing errors can occur as a result of staff negligence, miscommunication, incorrect or unclear documentation, inadequate training, or a failure to follow proper procedures and protocols.

An overdose occurs when a patient is given a higher amount than the recommended dosage of medication, posing serious health risks such as organ damage, respiratory failure, or even fatal consequences. Conversely, an underdose arises when a patient receives insufficient medication, meaning their health condition might not be properly treated or managed — potentially resulting in worsening symptoms, prolonged recovery periods, or additional complications that were otherwise avoidable.

Hospitals and healthcare professionals have a duty to provide appropriate standards of care, which includes accurate prescribing, dispensing, and administering medications. When there is a breach in this duty, and you suffer harm as a result, you may have grounds for medical negligence compensation.

Can you claim compensation for overdose or underdose medication errors?

If you or a loved one has experienced harm due to overdose or underdose of medication in hospital, you may be entitled to compensation. 

To successfully pursue a claim, it must be demonstrated that: -

• Breach of Duty - The healthcare professional or institution provided medical care which fell below appropriate standards and /or acted negligently by failing to administer correct dose of medication.
• Causation - It must also be proven that this negligence directly contributed to you or your loved one’s harm, suffering or loss.

At Stephensons, our medical negligence experts will thoroughly investigate your case, gathering evidence from medical records and expert testimonies to support your claim. We understand the emotional and financial strain that such negligence can put on families, and we will strive to secure the maximum compensation possible, helping you to rebuild and regain financial security.

Claims relating to medication dosage errors typically include compensation for:

• Pain and suffering caused by physical or psychological injury
• Loss of earnings, both past and future
• Additional medical expenses and rehabilitation costs
• Costs associated with care or specialist equipment
• Travel expenses incurred for medical appointments due to the negligence
• Costs of gratuitous care and assistance 

Stephensons' specialist medical negligence team understands the complexity of these claims and will thoroughly investigate your case, gathering the necessary evidence, including expert medical opinions, to prove negligence. Our experienced solicitors work diligently to secure the maximum compensation to support your recovery and help you get your life back on track.

Why choose us for your overdose or underdose medication claim?

Stephensons is a recognised and respected law firm with a dedicated medical negligence team experienced in securing successful outcomes for our clients. With over 40 years of legal expertise and solicitors accredited by prestigious bodies such as The Law Society's Clinical Negligence Accreditation Scheme and Action Against Medical Accidents (AvMA), we are wellpositioned to handle even the most complex claims.

We understand the trauma, stress, and confusion that medication errors can create. Our solicitors approach your claim sensitively and compassionately, providing clear, straightforward advice at every step of the process. We pride ourselves on our transparency, professionalism, and commitment to achieving the best possible outcomes for our clients.

How we can help

Our dedicated team of medical negligence solicitors will guide you through every stage of your claim, from initial consultation to settlement. We will:

• Provide a free, no-obligation initial consultation to evaluate your claim
• Investigate thoroughly, obtaining relevant medical records and expert witness testimony
• Represent your interests robustly in negotiation or court proceedings, if required
• Maximise your compensation settlement, ensuring you receive the support and resources needed for your recovery
• Support you empathetically and respectfully throughout the process

Contact Stephensons for expert advice today

If you or a loved one have suffered due to an overdose or underdose of medication in hospital, contact Stephensons today. Call our specialist medical negligence solicitors on 0161 696 6165 or complete our online enquiry form, and a member of our team will promptly call you back to discuss your claim.

Frequently asked questions about overdose or underdose medication claims

What evidence do I need to support my claim?

Evidence typically includes medical records, treatment documentation, and expert medical opinion demonstrating negligence and the injuries that resulted.

How long do I have to make a medical negligence claim?

In line with standard medical negligence claims, according to the Limitation Act 1980, the general time limit for making a compensation claim related to medication error in the UK is three years from the date of injury or the date that you or your loved one was aware of negligence causing harm (often known as the "date of knowledge"). However, exceptions do exist in specific circumstances, including:

• If the claimant is under the age of 18, the three-year limitation period begins on their 18th birthday, expiring at age 21.
• If the claimant lacks mental capacity, the time limitation may potentially be extended indefinitely until the claimant regains capacity.
• If the alleged defendant agrees to a limitation extension, and/or the Court approves an extension in specific circumstances at its own discretion.

Although three years may seem sufficient, we strongly recommend contacting Stephensons as early as possible after the negligence event occurs. Prompt legal action allows our solicitors maximum opportunity for evidence of collection, expert advice, and achieving successful outcomes.

How long will the claim process take?

Each case is unique; however, our solicitors will provide clear guidance throughout, ensuring your claim progresses efficiently. Compensation claims may range from several months to a few years depending on complexity.

Will the case go to court?

Not every claim requires court proceedings; often, matters settle before reaching court. If court intervention becomes necessary, our experienced solicitors will support and guide you through the process to achieve a favourable outcome.

If you have further queries or concerns surrounding medication errors, contact Stephensons' medical negligence team today on 0161 696 6165 for an initial consultation.