£600,000 Compensation for Being Prescribed the Wrong Medication

Posted on: 3 mins read
Last updated:
Georgina Emsley

Solicitor, Medical Negligence

Share Article:

Our client was being treated for Crohn’s disease but was prescribed the wrong medication which reacted to elevated levels of creatinine in her blood. This was in breach of guidelines from the National Institute for Health and Care Excellence (NICE), and caused development of chronic kidney disease.

Being prescribed the incorrect medication led to our client requiring dialysis and a kidney transplant. The success of the case was dependant on whether University College Hospital NHS Foundation Trust was negligent or if it was reasonable in the circumstances not to carry out blood tests every 3 months in a patient with elevated creatinine levels.

a gloved hand holding a bottle for medication

Get in touch today!

If you have suffered because of medical negligence, we can help. To find out more, get in touch with our compassionate and experienced team.

How We Helped

The client contacted our Medical Negligence claims team. We instructed two medical experts to review the medical records and examine the clinical decisions that were taken with consideration to how they impacted our client.

Consultant Gastroenterologist Professor Mayberry provided evidence that says prescribing Mesavant and Pentasa (both of which contain the ingredient Mesalazine) in a patient with known high creatinine levels was in breach of NICE guidelines and this was causative, resulting in her developing chronic kidney disease.

Consultant Nephrologist Dr James Pattison said that had blood tests been done every 3 months following recognition of the elevated creatinine level tests, the kidney disease would have been quickly identified. The medication would have been stopped and the Claimant would have avoided total kidney failure and the requirement for dialysis and a kidney transplant.

The Gastroenterology Expert instructed by the Defendant (other side) was of the opinion that performing blood tests every 3 months was not mandatory irrespective of the NICE guidelines. Eventually, the Nephrology Expert instructed by the Defendant agreed with our Dr Pattison - that had 3-month blood tests been carried out, chronic kidney disease would have been identified earlier and on the balance of probabilities, the Claimant would have avoided the need for dialysis and a kidney transplant.

an assortment of medication

The Outcome

The Defendant, University College Hospital NHS Foundation Trust offered to settle the claim for £600,000 before the case went to trial and our client accepted this offer of compensation.

This case serves as a reminder of the need for doctors to take a full medical history of a patient and carry out all necessary tests before administering any form of medication. Only once this has been done, and it is clear there are no red flags, can medication be safely prescribed.

If you have been a victim of medical negligence or think you may have been, we encourage you to get in touch with our friendly and approachable legal team who will be able to talk you through how to make a claim for compensation. They will provide guidance and honest advice each step of the way.

We aim to make this area of law easy to understand and accessible for all our clients. We will give you honest information about your case and will always endeavour to clarify any medical and/or legal terminology you may not understand so that you feel prepared and updated at all times. 

Our team understand how difficult it can be when this happens to you, and how you feel like you are unable to trust your care providers. But we can help you. We know how the legal system works and can assess your case to let you know about the likelihood of succeeding in a claim for compensation arising out of clinical negligence. We are here to work with you to help you build a claim for compensation, so that you can obtain what is entitled to you as a result of suffering from negligent medical treatment.   


Rothbaum, B. O., Foa, E. B., Riggs, D. S., Murdock, T., & Walsh, W. (1995). A prospective examination of post-traumatic stress disorder in rape victims. Journal of Traumatic Stress, 8(4), 587-598. Retrieved from https://pubmed.ncbi.nlm.nih.gov/9757737/

Georgina Emsley

Solicitor, Medical Negligence

Areas of Expertise:
Medical Negligence

Georgina is a Solicitor who works in our Medical Negligence team here at Simpson Millar, based in our Manchester office.

She is a committed and highly reliable Solicitor with a track record of supporting clients through the process of making a claim to achieve the best outcome for them. Georgina has experience working on many high-value cases with a range of circumstances and complexities from start to finish, where she reviews medical records, liaises with experts and gathers evidence in order to negotiate the best possible settlement for her clients.

Get in touch, today!

Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0808 239 6043

This data will only be used by Simpson Millar in accordance with our Privacy Policy for processing your query and for no other purpose