£51,200 for leg injury caused by prescription error
Compensation of £51,200 was awarded to a 34 year old woman for a fractured leg suffered in a convulsion caused by prescription error where incorrect medication was dispensed to her by a high street chemist three years earlier.
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The claimant suffered from severe epilepsy as a child. This left her with brain damage and she required help from carers as an adult.
Her care worker requested a repeat prescription of her anti-convulsant medication to control her epileptic seizures. The chemist provided the wrong medication, providing painkillers in error.
Over the next three days the claimant suffered several convulsions which varied in severity. During the worst convulsion she injured her lower leg and knee. The leg was broken just below the knee joint.
Her existing physical problems meant she was unable to have surgery to repair the break. The treatment was manipulation and a full leg plaster. The lady suffered mobility problems and six months after the accident continued to walk with a limp.
She suffered ongoing pain where the fracture occurred, back pain and was easily tired. Her leg was shortened as a result of the fracture.
The pain from the fracture resolved after 9 months. The shortening of her leg and the resulting limp were permanent.
It was likely she would develop arthritis as a result in future. Her movement would be limited and she would require a knee replacement within 15-30 years.
The allegation of negligence against the high street chemist was that they dispensed incorrect medication.
The medication had failed to prevent the claimant from suffering convulsions. During a severe convulsion she suffered a fracture to her leg at the knee joint.
The claimant was left with a limp. She would need a replacement knee operation in future as a result.
Conclusion and settlement
Liability was admitted and the matter did not proceed to Court.
Compensation of £51,200 was accepted by way of an out of Court settlement.
£32,500 of the damages was attributed to "pain, suffering and loss of amenity."
Physiotherapy and orthotic needs were awarded in the sum of £10,760.
Included in the settlement were future knee surgery costs of £6,900.
£1,040 comprised travel expenses and interest.
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Gaynor Haliday, Legal researcher
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.