An incorrect dosage or the administration of the wrong medication can have serious consequences for a patient's health. Every year, hundreds of people in the Netherlands fall victim to medication errors — in hospitals, at pharmacies or in general practice.
In this blog, we explain when a medication error constitutes a medical error, who is liable and how you can obtain compensation.
What is a medication error?
A medication error is an error that arises in the prescribing, preparation, administration or checking of medication. This may involve:
An incorrect dosage (too much or too little medication).
The administration of the wrong drug.
A missed dose.
Incorrect method of administration (e.g. intravenous instead of oral).
Wrong patient or mix-up of medication.
Incorrect interpretation of a prescription or medical records.
A medication error can occur at the GP, at the hospital, at the pharmacy or in a care institution. In all cases, the professional standard applies: the healthcare provider must act with the care that can reasonably be expected of a competent professional.
When is a medication error a medical error?
Not every medication error is automatically a medical error in the legal sense. A medical error exists when a healthcare provider has not acted in accordance with the professional standard and this has caused harm to the patient.
For a medication error, this means:
Was the error avoidable?
Was there an adequate check on the medication?
Were allergy information and the medical history taken into account?
Was the patient correctly informed about side effects and risks?
If one or more of these points were not met, there may be medical liability.
More about medical liability can be found in our blog Medical liability in the Netherlands.
Who is liable for a medication error?
Depending on where the error occurred, different parties may be liable:
The doctor or specialist who prescribed the wrong medication or the wrong dosage.
The pharmacist who dispensed the wrong medication or failed to check for interactions.
The hospital or care institution where the medication was incorrectly administered.
The nurse or carer who administered the medication.
In practice, the hospital is often the party held liable, because it bears central liability for actions of its staff.
What damage can you claim?
If you have been the victim of a medication error, you may be entitled to compensation for:
Medical costs: additional treatments, medication, rehabilitation.
Loss of income: if you were unable to work due to the consequences of the error.
Pain and suffering: compensation for pain, suffering and loss of enjoyment of life.
Domestic help: if you needed assistance in your household.
Travel costs: for additional medical consultations.
Future damages: ongoing medical costs or permanent limitations.
Examples from practice
A patient received ten times the prescribed dosage of a blood thinner. This resulted in serious internal bleeding and a lengthy hospital admission. The hospital acknowledged liability and the patient received compensation for medical costs, lost income and pain and suffering.
A pharmacist dispensed the wrong medication due to a mix-up of similar packaging. The patient suffered a serious allergic reaction. After legal intervention, both the pharmacy and the prescribing doctor reached a settlement.
An elderly patient in a care home received another resident's medication for several days. Due to a delayed response, her health deteriorated. The care institution was held liable for the lack of supervision.
What should you do if you suspect a medication error?
See a doctor immediately and have your complaints recorded.
Report the error to the healthcare institution or pharmacy.
Request your medical records — they provide insight into what exactly went wrong.
Contact a personal injury lawyer who specialises in medical liability.
Read more about requesting your medical records in our blog Medical records: access, copy and correction.
How does Arslan Advocaten assist?
At Arslan Advocaten, we have extensive experience with medical liability cases. We:
assess whether there is a medical error;
engage independent medical experts;
collect all relevant evidence;
negotiate with the hospital, insurer or care institution;
if necessary, initiate legal proceedings to enforce your right to compensation.
Our assistance is free of charge for the victim: the costs are recovered from the liable party.
Frequently asked questions
Can I also hold the pharmacy liable?
Yes. If the pharmacist dispensed the wrong medication or failed to perform adequate interaction checks, the pharmacy can be held liable.
How long do I have to file a claim?
You generally have five years from the moment you became aware (or should have become aware) of the error and the damage.
What if the hospital denies the error?
An independent medical expert can assess whether the professional standard was met. Our lawyers arrange this for you.
Conclusion
A medication error can have far-reaching consequences. If you or a loved one has been the victim of an incorrect dosage or the wrong medication, you may be entitled to compensation. The medical liability lawyers at Arslan Advocaten are ready to assist you — free of charge and without obligation.