Claim for Being Given Wrong Medicine Dosage

Can I make a claim for being given wrong medicine dosage on behalf of my child after he became very sick as a result?

A claim for being given wrong medicine dosage is possible on behalf of a child if he has been the victim of negligence from a third party. When being treated for an illness – whether by a doctor, nurse or another medical professional – your son is entitled to a duty of care and should not expect to develop an illness from incorrect medicine dosage. If a medical professional is determined to have failed in this duty of care, it may be possible to claim compensation for receiving incorrect medicine dosage on behalf of your child. However claiming for an accident after being given incorrect medicine dosage for a child may require a different procedure and for this reason you are advised to contact a personal injury solicitor.

Legally in Ireland, a claim for being given wrong medicine dosage cannot be initiated by a legal minor until they have reached the age of eighteen, when they will have two years in which to seek compensation. However it is possible that compensation for an illness from incorrect medicine dosage could be required before then and for this reason it is possible for a parent or guardian to make a claim on behalf of a child at any stage between the initial negligence and the child’s eighteenth birthday as a “next friend”. Although it is theoretically possible to pursue compensation for receiving incorrect medicine dosage on behalf of a child at any time until their twentieth birthday, you are advised to seek compensation sooner rather than later. This is due to the fact that evidence can become misplaced or forgotten over time and should this occur your claim for an accident after being given incorrect medicine dosage could be weakened.

Before representing a claim for being given wrong medicine dosage on behalf of a child, a parent or guardian must first receive approval from a court to do so. It should also be noted that should a claim for an illness from incorrect medicine dosage be unsuccessful, the “next friend” will be required to accept any financial liability which may arise as a result. If the claim following an accident after being given incorrect medicine dosage is successful however, the compensation awarded must first be approved by a judge before it is paid into court funds, where it will remain until the child reaches the age of eighteen. However some compensation for receiving incorrect medicine dosage may be needed for educational or medical needs, which can be released upon application to the court.

Claiming compensation for receiving incorrect medicine dosage on behalf of a child is unique as not only is the procedure for doing so notably different, but because this is deemed as medical negligence the claim will not be assessed by the Injuries Board. To guide you through the procedure for claiming for an accident after being given incorrect medicine dosage, you are advised to contact a personal injury solicitor at the earliest opportunity. With the assistance of a medical expert, your solicitor will assess the circumstances surrounding your son’s illness from incorrect medicine dosage and determine whether your claim is worth pursuing further. It should be remembered that the strength of your claim for being given wrong medicine dosage can depend on the amount of preparation that occurs and for this reason you are advised to contact a solicitor at the earliest opportunity.