When can a wrong prescription amount to medical negligence?
Not every prescribing error will give rise to a successful legal claim.
To succeed in a wrong prescription medical negligence claim in Ireland, a patient must establish three elements
- That the treating doctor owed them a duty of care;
- That the standard of care provided fell below the standard expected of a reasonably competent medical professional in the same field; and
- That this failure directly caused the harm suffered.
Expert medical evidence is required to demonstrate that the standard of care was breached and that the breach caused the patient’s injury or loss.
Prescribing errors that may support a claim
- Prescribing a medication that is contraindicated given the patient’s known medical history
- Failing to take an adequate history before issuing a prescription
- Prescribing a medication without conducting an appropriate assessment or examination
- Issuing a prescription for a controlled substance without proper clinical justification
- Failing to refer a patient to a psychiatrist, psychologist, or other relevant specialist when this was clearly required
- Failure to maintain adequate medical records in relation to prescriptions issued
- Prescribing an incorrect dosage of a medication with serious side effects
What a recent Medical Council inquiry tells us
In February 2026, a Medical Council fitness-to-practise inquiry in Ireland examined the case of a doctor who was alleged to have inappropriately prescribed Pregabalin, a medication used in the treatment of anxiety, depression, and nerve pain, to patients without adequate justification.
The inquiry also considered allegations that the doctor had failed to maintain adequate medical records and to refer a patient to psychiatry when clinically warranted.
Pregabalin is a controlled substance in Ireland and is classified as a Schedule 3 controlled drug.
It is associated with a risk of dependence and misuse, and its prescription is subject to regulatory oversight.
The Medical Council inquiry was prompted by a pharmacist’s concern that a prescription appeared to be a poor-quality photocopy and may have been forged.
This case illustrates how prescribing irregularities can come to light and the seriousness with which such allegations are treated by the Medical Council.
The Medical Council of Ireland is responsible for regulating the medical profession in Ireland.
It publishes a Guide to Professional Conduct and Ethics, which sets out the standards expected of all registered medical practitioners.
Where a practitioner falls below these standards, a formal fitness-to-practise inquiry may be initiated, which can result in sanctions including erasure from the medical register.
Types of prescription errors that may support a claim
Prescription errors can take many forms. In the context of a medical negligence claim, what matters is whether the error fell below the standard expected of a reasonably competent doctor in the same speciality at the time of treatment, and whether that error caused harm to the patient.
Common prescribing errors seen in clinical negligence claims include:
- Wrong medication: Prescribing a drug not appropriate for the patient’s condition
- Wrong dosage: Too high or too low a dose, with resulting harm to the patient
- Drug interaction errors: failing to account for other medications the patient was taking.
- Failure to screen: not identifying contraindications such as allergies, renal impairment, or addiction history before prescribing
- Failure to review: not monitoring a patient’s response to a prescribed medication over time
- Failure to refer: not directing a patient to a relevant specialist when the presentation required it
Our solicitors can advise you whether the circumstances of your case may support a wrong prescription medical negligence claim.
How to make a wrong prescription medical negligence claim
If you believe you have suffered harm as a result of an incorrect or inappropriate prescription, the following steps outline how a wrong prescription medical negligence claim is typically initiated
- Seek independent legal advice from a solicitor experienced in medical negligence claims.
- Request copies of your medical records from your GP, pharmacist, and any relevant hospital or specialist
- Your solicitor will engage an independent medical expert to review the records and provide an opinion on whether the standard of care was met.
- If the expert supports a finding of negligence, a Letter of Claim is issued to the relevant defendant, who may be the GP personally, the GP practice, or the HSE
- The defendant is given an opportunity to respond; the matter may be resolved through negotiation and settlement, or by proceeding to court if liability is denied.
For a detailed overview of the wrong prescription medical negligence claim process, visit our medical negligence claim guide.
Time Limits
Medical negligence claims in Ireland are subject to a two-year limitation period under the Statute of Limitations Act 1957, as amended by the Statute of Limitations (Amendment) Act 1991.
This period runs from the date of the injury or from the date of knowledge, that is, the date on which the claimant first knew, or ought reasonably to have known, that the injury was significant, that it was caused by the act or omission alleged to constitute negligence, and the identity of the defendant.
Where the injured party is a minor, the two-year period does not begin to run until the child’s 18th birthday. Where a person lacks capacity, special rules may also apply.
Seeking legal advice promptly is strongly recommended, as delay can affect the availability of evidence and the ability to progress a claim.
If you are unsure whether the limitation period has expired in your case, contact Coleman Legal LLP for advice. Our team can review the circumstances and advise on the applicable deadline.
You can also read more on our statute of limitations in Ireland page.
Frequently Asked Questions
What should I do if I think I was prescribed the wrong medication?
In the first instance, seek medical attention if you are experiencing adverse effects. Retain any documentation you have, including the prescription itself, packaging, pharmacy receipts, and any correspondence with your doctor. Then consult a solicitor to assess whether the circumstances may support a medical negligence claim.
Can I claim if the wrong prescription caused me psychological harm?
Yes. Psychological or psychiatric injury can form the basis of a medical negligence claim in the same way as physical injury, provided it can be established that the harm was caused by the prescribing error and that the error fell below the required standard of care.
What if my doctor did not refer me to a psychiatrist and I suffered as a result?
A failure to refer a patient to a specialist when referral was clearly clinically warranted can itself constitute a breach of the required standard of care. If you suffered harm, whether physical or psychological, that would have been avoided had the referral been made, you may have grounds for a medical negligence claim.
Can I make a complaint to the Medical Council while pursuing a civil claim?
Yes. These are two separate processes. A complaint to the Medical Council concerns the doctor’s fitness to practise and can result in professional sanctions. A civil claim seeks financial compensation for the harm you suffered. Both processes can proceed in parallel, though your solicitor can advise on how one may affect the other.
How long does a medical negligence claim involving a prescribing error take?
The duration of a claim depends on many factors, including the complexity of the medical evidence, whether liability is admitted at an early stage, and the extent of the harm suffered. Straightforward cases with clear liability may resolve within one to two years; more complex cases may take longer.
Is there a difference between a prescribing error and a dispensing error?
Yes. A prescribing error is made by the doctor issuing the prescription, for example, prescribing the wrong drug or failing to identify a contraindication. A dispensing error is made by the pharmacist, for example, supplying the wrong medication or the wrong dose. Both types of error can give rise to a claim, though the defendant and the applicable legal analysis will differ.
Additional Resources
The Medical Council of Ireland provides information on professional standards and the fitness-to-practise process. The Health Service Executive (HSE) also publishes guidance on patient rights and how to make a complaint about healthcare services.
