Morphine and Opioid Prescription Error Claims – Can You Claim Compensation?

Morphine and other opioid medicines have an important role in controlling moderate to severe pain. But they are powerful drugs. Errors in their prescription, dosage or administration can sometimes cause serious injury.

NHS Resolution identifies opioids as one of the medication groups most commonly implicated in medication-error incidents.

For somebody who has been given too much morphine, the wrong opioid or an inappropriate prescription, an important question follows: was this an unavoidable complication of appropriate treatment, or was the harm caused by a preventable medication error?

What are opioid medicines?

Opioids are pain-relieving medicines which include:

• morphine;
• oxycodone;
• fentanyl;
• codeine;
• tramadol; and
• buprenorphine.

Different opioids vary significantly in potency, formulation and duration of action. That makes accurate prescribing, dispensing and administration particularly important.

Morphine, for example, is used to treat severe pain. The NHS warns that patients taking morphine over a long period can become accustomed to it and that suddenly stopping treatment can produce withdrawal symptoms. Addiction is also possible.

What types of opioid prescription errors can occur?

Potential medication errors include:

• prescribing too high a dose;
• administering an incorrect dose;
• dispensing the wrong strength;
• giving medication intended for another patient;
• confusing different opioid preparations;
• inappropriate combinations with other medicines;
• failing to consider a patient’s existing medication or medical condition;
• failing to review long-term opioid treatment appropriately;
• incorrect conversion from one opioid to another; and
• abruptly stopping treatment where a gradual reduction was clinically required.

Whether any particular error amounts to negligence will depend upon the individual circumstances.

Morphine overdose and dosage errors

A dosage mistake involving morphine can be particularly serious.

The correct dose depends upon matters including the patient’s clinical circumstances, previous exposure to opioids and the formulation being prescribed.

Potential symptoms or consequences of excessive opioid exposure can include profound drowsiness, confusion and potentially life-threatening respiratory depression.

There is an important distinction, however, between a recognised adverse effect and negligence. Experiencing a side effect from morphine does not automatically establish a compensation claim.

The issue is whether there was a preventable failure in prescribing, dispensing, administering or monitoring the medication and whether that failure caused injury.

Long-term opioid prescribing – when could there be a claim?

Long-term opioid use is a more complicated area.

The fact that somebody has been prescribed an opioid for a prolonged period does not, by itself, establish negligent treatment.

However, questions may arise about whether treatment was adequately reviewed, whether continuing the medication remained clinically appropriate, whether increasing doses were justified and whether recognised problems were properly addressed.

Where a patient has developed dependency or suffered another significant injury, the medical records may need to be reviewed by an independent expert.

Pharmacy errors involving morphine and opioids

Sometimes the prescribing doctor has done nothing wrong.

The prescription may state the correct medicine and dosage, but the pharmacy supplies something different.

Examples might include:

• the wrong medicine inside correctly labelled packaging;
• the wrong strength of morphine;
• incorrect dosage instructions;
• another patient’s medication being supplied; or
• the wrong formulation being dispensed.

If a pharmacy dispensing error results in injury, this may give rise to a potential negligence claim.

What compensation can be claimed?

Compensation depends upon the individual injury and its consequences.

A claim may potentially include compensation for the injury itself together with associated financial losses, such as:

• loss of earnings;
• care and assistance;
• treatment expenses;
• rehabilitation;
• travel costs; and
• future financial losses attributable to the injury.

The purpose of compensation is, so far as money can achieve it, to place the injured person in the position they would have occupied had the negligence not occurred.

Proving an opioid medication negligence claim

Two fundamental issues normally have to be established.

First, was there a breach of duty? In other words, did the prescribing, dispensing, administration or monitoring fall below the appropriate professional standard?

Secondly, there is causation. Would the injury probably have been avoided, or have been materially less serious, without that error?

This second issue can be particularly important where the patient already had significant underlying illness or was taking opioids because of a serious pre-existing condition.

How long do I have to claim?

The usual limitation period for a clinical negligence claim in England and Wales is three years from the negligent event or the claimant’s relevant date of knowledge, subject to important exceptions.

Special rules apply to children and people lacking the relevant mental capacity.

Have you suffered an opioid or morphine medication error?

If you believe you have suffered injury because you were given too much morphine, prescribed an incorrect opioid dose or dispensed the wrong medication, specialist investigation may establish whether the treatment was negligent.

Find out more about medication error compensation claims and how Hutcheon Law can investigate medication and pharmacy negligence.

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This article provides general information about the law in England and Wales. It is not a substitute for individual legal or medical advice. Patients should not stop or alter prescribed medication without appropriate medical guidance.