Faulty medicine claims

Any type of medicine is designed to treat a disease or illness. However, one is always aware that they have side effects although these do not affect every patient.

The manufacturers of medicines have a responsibility to you and other patients to ensure that their medicines are both safe and effective.

Whilst medicines have side effects the aim is for there to be as few of these as possible and of a mild extent. These side effects should be mentioned in any literature which accompanies the medicine so that the patient is aware of these.

But if this responsibility fails or is neglected in any way then it may result in a serious injury or illness as a result. In some cases it can lead to a long term, chronic disease or death.

This problem also applies to medical devices such as pacemakers or hip replacement joints. This is dealt with separately in our faulty medical product claims section.

If you or someone you know has become ill as a result of a defective medicine then consider making a claim for compensation.

Examples of medicines

These include:

• Aspirin
• Tamiflu
• Statins

This also includes homeopathic and herbal medicines. The MHRA also regulates new forms of current medicines such as injections or patches and clinical trials of new medicines.

Is any medicine 100% safe?

No. Every type of medicine has side effects but these can range from mild through to potentially life threatening.

The reason for this is that everyone reacts differently to different types of medicine. Some people experience a greater degree of side effects than others. Other people find that they have very little trouble with a particular type of medicine.

The risk of side effects is determined by a range of factors which includes age, gender, dosage, current state of health and any other medicine the patient is taking.

Medicines are regulated by the UK government body: the Medicines and Healthcare products Regulatory Authority (MHRA). This body has responsibility for ensuring that medicines are safe to use by the public.

They accept that no medicine or device is risk free but they aim to minimise these risks.

More information can be found on their website at www.mhra.gov.uk.

Impact of a faulty medicine

Whilst you might expect to experience some mild side effects, serious or life threatening side effects are a different matter.

Unfortunately there are cases where someone has had a violent reaction to a medicine which has seriously damaged their health. This then affects their quality of life often on a long term or even permanent basis.

The consequences of this are traumatic for both the patient and their family.

They may require long term care and support which is costly both in terms of time and money. If they have had to stop working then this loss of earnings then impacts upon the family finances which causes additional stress.

This places a burden on their partner or family who have to cope with these consequences and the impact of that cannot be underestimated.

People who successfully win their claim for compensation do not do it for the money: they see this as a vindication of what has happened and aim to use the payout to improve their current situation.

Compensation can help to cover the costs of providing specialist care –often on a 24 hour basis, treatment, medication and additional expenses such as taxi fares to hospital.

Making a claim of compensation for a faulty medicine

You will require the services of a personal injury law firm, solicitor or claims management firm who have expertise in this area. Find someone with knowledge and understanding of the issues involved and who has dealt with these types of claims before.

They should treat you with sympathy and handle your claim with the highest level of professionalism.

A personal injury lawyer will assess your situation and will decide whether you have suitable grounds for compensation. They will discuss the claims procedure with you.

If you want to know more about the claims process then visit our making a claim for compensation section.

Time limit for claiming compensation for a faulty medicine

Personal injury compensation claims have a 3 year time limit, which starts from the date of the original accident or the diagnosis of the illness.

However this may differ in claims for compensation for a defective medicine.

Your personal injury lawyer or solicitor will discuss this and any other issue with you.