Claiming compensation for medication dependency.
Our Clinical Negligence team frequently handles cases involving medication dependency, where clients have been left on addictive medication for extended periods without proper review. As a result, many become unknowingly dependent, leading to significant physical and psychological harm. Here is a summary of one of our successful medication dependency claims.
Addiction to Diazepam
Medical negligence partner, Oliver Thorne was asked to assist his client who had become addicted to Diazepam after 20 years of continuous prescriptions. He took on the case and worked on a no win, no fee basis.
Our client (who we will refer to simply as Mrs W) had began taking Diazepam in 2002. She had found a lump in her breast and her father had recently passed away which had caused her previous diagnosis of anxiety and depression to get worse. However, her GP noted that the medication could only be given sparingly, due to its addictive nature. The following year, Mrs W was given another prescription, due to experiencing chest pain and her fear of flying and these prescriptions lasted Mrs W well over a year.
In 2005, Mrs W suffered from ongoing anxiety, so her GP prescribed a limited amount of Diazepam. However she went on to be prescribed 2mg in December 2005 and another dosage in January 2006. This caused Mrs W’s GP to raise concerns and this is when the addiction appears to have begun.
In February 2021 Mrs W wrote to her GP and advised that she is struggling to function properly and was suffering from memory problems, muscle pain, difficulty sleeping and anxiety. She thought this was due to her trying to wean herself off Diazepam. Mrs W continued to receive constant prescriptions of Diazepam even after writing to her GP until she was admitted into hospital with acute confusion in November 2021.
Whilst in hospital, it was found that Mrs W was suffering from hypersensitivity, persistent numbness of her right index finger and heel, and this was put down to the intake of Diazepam.
The compensation claim
Oliver put his allegations to the Trust that the GP had failed to consider the advice given to reduce the Diazepam to five tablets a week and in 2006, a prescription of 84 tablets was given with the advice to take one tablet three times a day, which was an unnecessary increase. Oliver also advised that there had been a failure to conduct appropriate prescription reviews and that the weaning of the drug should have commenced much sooner, with no recognition of Mrs W becoming dependent on the drug.
Oliver instructed two experts including a general practice and clinical psychiatry expert, who both supported the claim and advised that there was a clear prescription error and a lack of monitoring, which had now left our client suffering with rebound anxiety, hypersensitivity, neurological changes and poor memory.
Oliver settled the case for £40,000 out of court, which Mrs W was satisfied with.
How we can help you recover compensation for medication dependency
If you have have become dependent on medication and believe that health professionals are at fault, then contact clinical negligence lawyer, and AvMA panelist, Oliver Thorne, for a free consultation.
