Medication Error Lawyers
GMP Law specialises in medication error claims across Australia, supporting individuals and families affected by mistakes in prescribing or administering medication.
Our experienced medication error lawyers understand how deeply these incidents can impact your health, wellbeing, and trust in the healthcare system. We’re committed to helping you pursue maximum compensation and holding healthcare providers accountable for their actions.
How to know if you have a medication error claim
Medication negligence occurs when healthcare professionals make preventable errors in prescribing, dispensing, or administering medications. These errors can result in serious harm, worsened conditions, or even death.
You may be eligible to pursue a medication error claim if you can answer yes to these key questions:
Was the mistake something a competent healthcare professional would have avoided in similar circumstances? This could include administering the wrong medication, giving an incorrect dosage, or failing to check for known allergies.
- This might involve:
A physical injury or worsening of your condition - An adverse drug reaction or allergic response
- Extended hospitalisation or further medical treatment
- Lost income due to time off work
- Emotional or psychological distress.
Medication error claims:
Your rights, our fight
Our team of expert medication error lawyers take action to help you hold those responsible to account and claim the compensation you deserve.
Our medication malpractice lawyers handle all types of medication administration errors, including:
Prescription errors
- Wrong medication prescribed
- Incorrect dosage prescribed
- Failure to check drug interactions
- Prescribing contraindicated medications.
Dispensing errors
- Pharmacy dispensing wrong medication
- Incorrect strength or quantity dispensed
- Mislabelling of medication
- Failure to provide proper instructions.
Administration errors
- Wrong medication given to patient
- Incorrect dosage administered
- Wrong route of administration
- Missed doses or timing errors.
Anaesthesia errors:
- Incorrect anaesthesia dosages
- Failure to monitor vital signs
- Allergic reaction oversights
- Equipment failures during procedures.
Medication errors
- Incorrect prescriptions
- Wrong dosages administered
- Overlooking patient allergies
- Dangerous drug interactions.
Negligence in nursing homes
- Inadequate care or medical attention in aged care facilities
- Physical, emotional, or psychological harm
- Elder abuse
Monitoring failures
- Failure to monitor patient response
- Inadequate follow-up care
- Missing dangerous side effects
- Ignoring lab results, vital signs or misinterpreting diagnosis.
Allergy oversights
- Failure to check patient allergies
- Administering known allergens
- Inadequate allergy documentation
- Ignoring previous adverse reactions.
Communication breakdowns
- Poor handover between medical staff
- Illegible prescriptions
- Failure to update medication records
- Inadequate patient counselling.
Speak with a medication error lawyer now.
Start with a free consultation and get your case reviewed within minutes.
Why Choose Gerard Malouf & Partners
Medication error compensation: What can you claim?
Our medication error lawyers help clients claim compensation for both economic and non-economic damages:
Economic damages
- Emergency medical expenses: Immediate treatment costs for adverse reactions
- Ongoing medical costs: Extended treatment, specialist consultations, rehabilitation
- Lost income: Past and future earnings affected by the medication error
- Care and assistance: Additional support needed during recovery
- Travel expenses: Medical appointments and emergency treatment
Non-economic damages
- Pain and suffering: Physical discomfort and emotional distress from the error
- Loss of enjoyment: Reduced quality of life and inability to participate in activities
- Psychological trauma: Mental health impacts
- Loss of consortium: Impact on relationships and family life
Other compensation you may be entitled to
Family member claims
In some cases, close family members may also be entitled to compensation related to medication errors. This can include:
Reimbursement for the cost of providing care to an injured loved one
Claims for loss of companionship or support.
Our Unique Fee Reduction Guarantee
Satisfaction first: Fees second
 If our service fails to meet the high standards we set, we’ll reduce our fees. We are the only Australian firm that backs our service with a written cost reduction promise, giving you total confidence in your claim.
Factors affecting your medication error compensation
Several key factors can affect the amount of medical negligence compensation you may be entitled to for a medication error:
- Severity of reaction: Extent and permanence of physical or psychological damage from the medication error
- Financial impact: Lost income, medical expenses, and future care needs
- Causation: Clear link between medication error and injuries
- Insurance coverage: Medical indemnity policy limits of the healthcare provider
- Age and occupation: Impact on future earning capacity and life expectancy
- Pre-existing conditions: How the medication error affected your overall health.
In most cases, compensation for medication error claims is covered by the healthcare provider’s insurer, not the individual practitioner. This is made possible through government-backed medical indemnity schemes under the Medical Indemnity Act 2002.
What evidence do you need for a medication error claim?
Strong evidence is the foundation of any successful medication error claim. At GMP Law, we take care of gathering and organising the documentation needed to build a compelling case on your behalf.
From medical records to expert opinions and proof of loss, our team ensures nothing is missed. We work closely with you and independent specialists to establish what went wrong, how it caused harm, and what compensation you’re entitled to pursue.
The compensation claim process: Your journey with GMP Law
Initial consultation
Evidence gathering
Claim submission
Negotiation
 We’ll advocate fiercely on your behalf, aiming for a fair settlement that truly reflects your needs.
Court representation
Ongoing support
Why choose our medication error lawyers?
We understand how overwhelming the financial and emotional impact of a medication error can be. That’s why we offer a No Win, No Fee arrangement, so you won’t pay legal fees unless your case is successful.
No Win No Fee.
Specialised expertise.
Proven results.
Nationwide support.
Free initial consultation.
No Win No Fee
Fee transparency that you can trust
How our No Win No Fee system works:
No upfront costs
Start your claim without any financial risk
No contingency fees.
We don’t take a percentage of your settlement
Fair hourly rates.
When you win, we charge transparent hourly rates
Careful case evaluation.
We only take cases we believe can succeed
Our commitment. If we don’t believe your case will result in compensation or if costs outweigh benefits, we won’t take it on. This dedication to our clients’ best interests sets our No Win No Fee medical negligence lawyers apart.
Proven results: Medical negligence case studies
Case 1: $160,000 settlement for hospital negligence
Background
Our client sought treatment at her local hospital for severe abdominal pain and nausea. During admission, an incorrectly inserted intravenous cannula caused serious complications.
The challenge
The incident resulted in cephalic vein damage and median nerve damage, causing ongoing pain, swelling, and numbness to her arm, including loss of dexterity in her hand.
GMP Law’s approach
- Gathered extensive medical evidence
- Argued hospital negligence for failing to address patient complaints
- Obtained expert medical opinions
- Commenced legal proceedings against the local health district
- Negotiated through mediation.
Case 2: $1.25 million combined settlement for surgical negligence
Background
Our client underwent a total thyroidectomy that resulted in bilateral vocal chord palsy and loss of function in her laryngeal nerves.
The challenge
The surgery left our client mute, causing severe physical and psychological trauma. Her husband also suffered psychological injury from witnessing the devastating impact on their lives.
GMP Law’s approach
- Built a comprehensive case around failure to warn of surgical risks
- Gathered expert medical and psychiatric evidence
Pursued both medical negligence and nervous shock claims - Demonstrated breach of expected standard of care
- Negotiated effectively through mediation.
Outcome
Secured a $1.2 million settlement for our client and $50,000 for her husband’s nervous shock claim.
What our clients say:
Turning injuries into justice, transforming lives through compensation
At GMP Law, we’re not just fighting for compensation – we’re fighting for your right to recover, rebuild, and reclaim your life after an injury. Read our medical negligence case studies:
$500,000 Settlement Following Nerve Damage From Varicose Veins Treatment
Case Overview Our client presented to a vascular surgeon, seeking treatment of her varicose veins in her right leg. Following the
Parents Receive total of $485,000 in Compensation for Tragic Death of Newborn Child
Case Overview Our client suffered unimaginable loss following her 12-hour labour, delivering her first child by emergence caesarean. A few hours
$9,000,000 settlement for negligence causing Cerebral Palsy
Case Overview Our client was born with Quadriplegic Dystonic Cerebral Palsy, which was caused by complications during delivery. During labour, our
$550,000 settlement for delayed referral to treat a blocked artery resulting in a stroke
Case Overview In June 2019, our client was an admitted patient of the First Defendant when he complained of chest pain
Sydney man receives $340,000 settlement following rotator cuff injury sustained during hospital admission
Case Overview Our client was admitted to his local hospital to undergo an elective procedure. It was known to the Hospital
$300,000 settlement for delayed diagnosis of bowel cancer
Case Overview In 2019, our client began experiencing abdominal pains and sporadic diarrhoea. Our client underwent an upper abdominal ultrasound which
Meet our medication error lawyers
Meet our dynamic team of medical negligence lawyers, based in Melbourne, Sydney, Brisbane, and across Australia. With a 98% win rate and a No Win No Fee guarantee, we’re here to support your compensation claim.
Frequently asked questions about medical negligence claims
What is a medication error claim?
A medication error claim is a type of medical negligence case where healthcare professionals make preventable mistakes in prescribing, dispensing, or administering medications, resulting in patient harm.
Medication administration errors can occur in any healthcare setting where you receive treatment from:
- Doctors and specialists
- Nurses and healthcare staff
- Hospital systems and emergency departments
- Pharmacists and pharmacy staff
- Aged care facilities
- Home care services.
Can you sue a doctor for giving wrong medication?
Yes, you can sue healthcare providers for medication errors if their negligence caused you harm. This includes doctors, nurses, pharmacists, and hospitals who failed to meet the expected standard of care.
Successful claims often involve seeking compensation for wrong medication or incorrect dosages that led to injury or worsened health. To do so, you’ll need to prove that the provider’s actions fell below professional standards and directly caused your harm.
Our medication error lawyers work closely with medical experts to establish the standard of care and demonstrate how it was breached.
How long do I have to make a medication error claim?
In most cases across Australia, you have three years from the date you became aware (or should have become aware) of the medication error and resulting harm to make a claim.
There are exceptions for certain situations, such as:
- Claims involving children
- Cases where the harm wasn’t immediately apparent
- Individuals with a disability or impaired capacity.
Because these time limits can be strict and vary depending on the details of your case, it’s important to speak with a lawyer as soon as possible.
What should I do if I was given the wrong medication?
If you’re unsure what to do if wrong medication given to patient, here are the key steps:
- Seek medical attention: Get immediate care and inform your doctor
- Document everything: Keep packaging, prescriptions, and medical records
- Report the error: Notify the pharmacy or healthcare provider
- Contact a lawyer: A medication error lawyer can help you understand your options.
Can I claim compensation if the medication error didn't cause permanent damage?
Yes, you may still be eligible for compensation even if the medication error didn’t cause permanent harm.
You can claim for temporary injuries, additional medical expenses, lost income during recovery, and pain and suffering experienced as a result of the error.
What if I contributed to the medication error?
Even if you played a role in the medication error (such as not disclosing allergies or providing an incomplete medical history), you may still be eligible for compensation.
Australian law recognises contributory negligence, which means your compensation may be reduced based on your level of responsibility, but you won’t necessarily be barred from making a claim.
How much compensation can I receive for a medication error?
Compensation for medication errors varies widely depending on the severity of your injury, how it affects your daily life, and your individual circumstances.
Our medication error lawyers focus on securing the maximum possible compensation, covering both economic losses (like medical expenses and lost income) and non-economic damages (such as pain and suffering).
As of April 2025, our recent medical negligence settlements have ranged from $180,000 to $700,000, depending on the seriousness of the injury and its long-term impact on the claimant’s quality of life.
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Talk to a medication error lawyer today
Start with a free consultation. Call 1800 004 878, or request a call back below.
