Drugs & Medication Negligence

Drugs and medication negligence can arise when a health professional gives a patient the wrong drug; an incorrect dose of the right drug; or the patient has suffered an adverse reaction to an approved COVID-19 Vaccine.

Medication or prescription errors can have devastating, sometimes fatal consequences and are a common cause of medical negligence claims. Taking the wrong drug can cause injury or harm but it can also cause injury or harm because the person does not have the right medication to treat their condition.

Some drugs are not safe for people with certain medical conditions. Contraindications – when one drug reacts badly with another drug or not work in the way it is intended – need to be carefully managed by treating doctors.  

This is also the case with vaccines. In September 2021, the Australian Government introduced the ‘COVID-19 Vaccine Claims Scheme’ to assist those who experienced adverse side effects as a result of the COVID-19 vaccination roll-out. This scheme ceased accepting new claims on 30 September 2024. However, there are still better legal options available, including the possibility of pursuing damages for medical negligence.

Common drug and medication negligence cases our health lawyers run for clients include:

• COVID-19 vaccinations
• Dispensing errors
• Hormone Replacement Therapy (HRT)
• Gentamicin toxicity