This guide provides information about making a medical negligence claim after the wrong medication was given by a pharmacy. It also contains information about how prescription errors occur, the medical negligence claim time limit, and evidence that could support a claim that you were given the wrong prescription.
A guide to claiming if the wrong medication has been given by a pharmacy
Later in this guide, we will discuss a medical professional’s duty of care and how breaching it in a way that causes harm may make you eligible to claim. We will also provide more detail about the criteria that make a claim valid.
Keep reading to learn more about what you can do if you suffered harm because the wrong medication was given by a pharmacy. Additionally, you can get in touch with our advisers 24/7 in a free consultation. Talk to us by:
- Calling our free helpline at 0113 460 1216
- Filling out our contact form with your questions
- Chatting to us directly using the onscreen chat box
Choose A Section
- Can I Claim If The Wrong Medication Has Been Given By A Pharmacy? – A Guide
- Do Healthcare Professionals Owe Me A Duty Of Care?
- How Could I Be Given The Wrong Medication By A Pharmacy?
- What Evidence Could Help Me Make A Medical Negligence Claim?
- What Could I Receive After Wrongly Being Prescribed Medication?
- Can I Make A No Win No Fee Medical Negligence Claim?
- Learn More About Claiming For Being Given The Wrong Medication By A Pharmacy
Can I Claim If The Wrong Medication Has Been Given By A Pharmacy? – A Guide
Medication errors can occur in a number of different settings, including GP surgeries, hospitals, and pharmacies. They could involve a medical professional providing you with:
- The wrong kind of medication
- The wrong dosages of medication
You may be eligible to claim compensation for a prescription error when the incident occurs because a medical professional has not provided you with an adequate standard of care. For example, if a pharmacist misreads a prescription and gives you medication in doses that are too high, you could suffer an overdose. This harm could have been avoided if the pharmacist had read the prescription correctly.
Pharmacies are not the only institutions in which medication errors could occur. For example, medication errors by nurses or medication errors in hospitals could also cause harm as a result of negligence.
The example above is an example of a medical professional breaching the duty of care they owe. We will provide more details about this in the next section. In the meantime, you can contact our advisers if you have been given the wrong medication by a pharmacy and have questions about beginning a claim.
Do Healthcare Professionals Owe Me A Duty Of Care?
All medical professionals, including pharmacists, owe a duty of care to their patients. This duty means that they have to provide patients with an adequate standard of care. If the care that they provide falls below a minimum standard and you suffer harm that may have been avoided if the right care was provided, then you might be eligible to claim compensation for your suffering.
Part of a pharmacist’s duty of care is to ensure that they comply with the Medicines Act 1968; this Act states that certain medications can only be sold with a prescription given by a practitioner. The General Pharmaceutical Council outline some of the other expectations about how pharmacists should act.
If you’ve suffered harm because the wrong medication was given by a pharmacy, contact our advisers. They can listen to your circumstances and offer advice about how to proceed.
How Could I Be Given The Wrong Medication By A Pharmacy?
If you are not provided with the correct standard of care by a pharmacist, you might sustain avoidable harm. We have included some potential causes of medication errors below:
- A pharmacist could substitute one medication for another without consulting either a patient or their doctor. This could lead to an allergic reaction or bad interactions with other medications the patient is taking.
- A pharmacist may fail to label their products correctly. This could lead to a pharmacy dispensing error, with one or more patients receiving the wrong medication. They could suffer adverse reactions as a result.
- A pharmacist could read the prescription incorrectly and give the patient too high a dose. The patient could go on to suffer an overdose resulting in death from a medication error.
In some cases, you could be given the wrong medication because of a complication that has arisen at another point in your care. For example, if you received a misdiagnosis, then you may be subsequently prescribed the wrong drug.
You might be able to claim medical negligence compensation if a negligent error by a pharmacy caused you harm. Contact our team of advisers to learn more about the medical negligence claim process.
What Evidence Could Help Me Make A Medical Negligence Claim?
Claims for harm caused by pharmacy dispensing errors in the UK benefit from evidence. For example, you could back up your potential claim by:
- Taking photos of prescription labels or leftover medication to back up your claim
- Seeking medical attention and requesting a copy of the report
- Recording the side effects and symptoms you experience
- Writing down the names of relevant medical professionals, as well as relevant dates and locations
- Reporting the medication error and keeping a record of the response you receive
- Getting contact details for anyone willing to make a statement on your behalf
Although you don’t need legal representation to begin a medical negligence claim, a solicitor could help you navigate the complexities of medical negligence law. This includes collecting evidence to support your claim. Contact our team of advisers today to find out more.
What Could I Receive After Wrongly Being Prescribed Medication?
You may be wondering how much compensation a wrong medication claim could receive. This depends upon several factors, including the severity of your suffering as well as the financial losses you may have incurred as a result of the harm.
Compensation could include up to two heads of claim. The first is called general damages, which relates to the pain and suffering that you have experienced. Instead of providing a medical negligence claim calculator, the table below contains compensation brackets from a document called the Judicial College Guidelines. These are figures that legal professionals can consult to assess a potential medical negligence claim.
| Injury | JCG Figures | Further Notes |
|---|---|---|
| Injuries Affecting Sight (b) | In the region of £268,720 | Total blindness. |
| Injuries Affecting Sight (c) (i) | £95,990 to £179,770 | Sight loss in one eye, reduced vision in the other. Considerable risk of further deterioration. |
| Psychiatric Damage (a) | £54,830 to £115,730 | Marked difficulties regarding future prognosis, effect on relationships, and ability to cope with work, life, and education. |
| Reproductive System: Female (b) | £43,010 to £102,100 | Likely permanent sexual dysfunction in a person with children already or who would not have had any. |
| Kidney (b) | Up to £63,980 | Total loss of natural function or risk of future urinary tract infection. |
| Digestive System (b) (i) | £38,430 to £52,500 | Severe toxicosis that is accompanied by fever, acute pain, vomiting, and diarrhoea. |
| Deafness/Tinnitus (c) | £31,310 to £45,540 | Total loss of hearing in one ear. |
| Impairment of Taste and Smell (b) | £32,900 to £39,170 | Total loss of smell accompanied by greater-than-usual loss of taste. |
| Reproductive System: Male (e) | £17,960 to £36,740 | Sterility involving a person with children who may have wanted more children. |
| Spleen (a) | £20,800 to £26,290 | Loss of spleen with ongoing risk of internal infection due to immune system damage. |
The figures provided above are intended as guidelines. If the wrong medication was given by a pharmacy, your circumstances will vary from other claims and your actual settlement could differ.
Special Damages When Claiming For Prescription Errors
A second head of claim, known as special damages, could also be awarded. This head of claim is intended to compensate you for financial losses related to your incident. The payments that you could be awarded include:
- Medical expenses, such as consultations with specialists or medications required for your recovery
- Lost earnings, both past and future
- Travel costs incurred in relation to the harm you suffered, such as getting to the hospital
If you aren’t certain about whether one of your expenses could be reimbursed through special damages, contact our advisers. They can offer detailed, personalised insight into the compensation you might receive after the wrong medication has been given by a pharmacy.
Can I Make A No Win No Fee Medical Negligence Claim?
Our team of advisers can assess whether or not negligence is likely to have played a role. Furthermore, they may put you in touch with one of the No Win No Fee solicitors from our panel, who could help you begin a medical negligence claim.
The solicitors on our panel may offer you a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). When using a CFA, you do not usually have to pay for the solicitor’s services if your claim fails. Neither will you generally have to pay to start the claim or during the claim process.
Instead, if your claim succeeds, your solicitor will take a success fee from your compensation. This fee is subject to a legal cap.
Contact Us For Free Legal Advice 24/7
If you think that you have evidence to support a medical negligence claim, you can talk to our team of advisers about how to begin the process. This consultation is free of charge and obligation-free, and you may be put in touch with an experienced solicitor with years of expertise. Contact us today by:
- Calling our free helpline at 0113 460 1216
- Filling out our contact form with your questions
- Chatting to us directly using the onscreen chat box
Learn More About Claiming For Being Given The Wrong Medication By A Pharmacy
Below, we’ve included more resources that might be helpful:
Claiming For Unnecessary Medical Treatment
Medical Negligence At Birth Claims
Medicines In Health And Social Care – Report from the Care Quality Commission about learning from risks
NHS Constitution – Government information about the NHS Constitution for England
Medicines Information – NHS resource about medicines
It’s our hope this guide has provided you with information about claiming after the wrong medication has been given by a pharmacy. Speak to our advisers if you have further questions about this topic.
Guide by Morgan Filly
Published by Fern Smith
