Pharmacy Negligence Claims

Every day, more than one million people visit pharmacies across the UK expecting to receive their prescribed medication. This seems like a straightforward process, but pharmacy errors can sometimes occur, which can have severe consequences for patients. Such errors include dispensing the wrong medicine, failing to advise about side effects and dispensing expired medication.

These errors can cause various injuries to patients, ranging from mild nausea to allergic reactions and even damage to internal organs. If your pharmacist was negligent and you suffered avoidable harm as a result, you may be entitled to compensation for your pain and suffering. A medical negligence expert can verify if you have a valid case and help you get the compensation you deserve.

To find out if you can start a pharmacy negligence claim, call 0800 032 3660 today or use our online claim form to request a call back from a friendly legal adviser.

What counts as pharmacy negligence?

Like all other healthcare providers, pharmacists have a duty of care towards patients. They are rigorously trained professionals who should know the correct practices and procedures when dispensing and advising on medicines. It is your pharmacist’s responsibility to ensure that you do not receive a drug that will harm you, but errors can sometimes occur. These include:

• Misreading a prescription and dispending the wrong medicine
• Dispensing the wrong dosage of the correct medicine
• Incorrectly labelling medication containers
• Using damaged ingredients within a prescription
• Placing the medication in the wrong bag so it is given to the wrong patient
• Giving incorrect advice to the patient on how to take the medicine
• Failing to inform the patient about potential side effects or interactions with other drugs
• Storing medication incorrectly, which may lead to degradation or contamination
• Not telling the patient how to store the medicine at home correctly
• Dispensing drugs that are damaged or out of date
• Failing to maintain accurate records of prescriptions and dispensing
• Providing unauthorised or counterfeit medicines

These and other types of mistakes could lead to a successful pharmacy negligence compensation claim if you suffer any harm as a result.

Can I make a claim for pharmacy negligence compensation?

Based on statistics from the British Medical Journal, over 237 million medication errors are made each year in England, costing the NHS over £98 million. Of these, 16% are dispensing errors, 21% are prescription errors, and the rest are mistakes made at the point of administration. If you or a loved one suffered as a result of pharmaceutical negligence, you may be able to claim compensation. Before a specialist medical negligence lawyer takes on a pharmacy claim, they will check whether:

• A pharmacist, technician or another staff member made an avoidable error, breaching their duty of care towards you;
• You were made ill, or your condition worsened due to their negligence (causation).
• This negligence occurred within the last three years (unless one of the exceptions discussed below is applicable)

It is essential to remember that even if the pharmacy made a critical error, you cannot make a claim for pharmacy negligence if this has not caused you to suffer in some way. To verify whether your case has merit, do not hesitate to call 0800 032 3660 or use our online claim form to request a free consultation with a legal adviser.

Evidence needed to support a pharmacy negligence claim

To make a successful claim, you will need evidence of what happened to you and that this was due to a pharmacy error. Your solicitor will help you gather everything you need to support your case, which could include:

• Your medical records will prove how you have suffered and how the pharmacy negligence was responsible for it;
• Witness statements from friends or family can help support the pain and suffering you experienced due to the error;
• Copies of the original prescription, including any instructions from your doctor regarding dosage, frequency, and duration of treatment;
• The product packaging can help prove you received the wrong drug or dosage from the pharmacy;
• Your solicitor can also obtain a copy of the pharmacy’s records to show what medicine you received and what dosage;
• CCTV footage from the pharmacy can help support your claim, if available;
• Your own diary of how the error occurred and how this has affected you, including any events you had to miss as a result;
• Copies of documents showing any out-of-pocket expenses or financial losses you incurred, such as receipts or payslips.

What injuries could a pharmacy error cause?

There are many different reactions that receiving a wrong prescription or another pharmacy error could cause, including:

• Mild side effects, such as nausea, fatigue and vomiting;
• Allergic reactions that range from rashes to life-threatening anaphylaxis;
• Adverse interactions with other medicines you are taking, which can cause dizziness, nausea or even organ damage;
• Overdosing, which can lead to toxicity and other side effects;
• Underdosing, which can render the medication ineffective in treating your condition;
• Receiving the wrong medicine can lead to delayed treatment and the worsening of your condition;
• Long-term problems caused by adverse effects that may damage your organs;
• Discovering that you have been given the wrong medication can also cause significant distress and anxiety.

How can I limit the risk of a prescription error from a pharmacist?

Like all other healthcare professionals, pharmacists have a duty of care towards patients and customers. While they typically uphold their duties when dispensing medicine, errors can sometimes occur, which can lead to anything from no problems at all to long-term consequences caused by adverse reactions to the wrong drug.

Here are some steps you can follow to ensure you have received and are using the correct medicine:

• Double-check that the medication you receive matches the prescription provided by your doctor;
• Verify that the name printed on the medication packaging is your own;
• If your prescription is for multiple items, check that each packaging has your name on it;
• When picking up your prescription, confirm with the pharmacist when and how you should take the medicine, including the recommended dosage;
• Check that the medicine matches the dosage prescribed by your doctor;
• Double-check whether you can take the prescribed medicine with others you are currently using;
• Monitor your response to the medication and report any unusual symptoms or side effects to your healthcare provider.

What is the time limit to claim compensation for pharmacy negligence?

The time limit to start a compensation claim is typically three years from:

• The date you were given the wrong medication;
• The date your injury or illness was diagnosed and linked to the pharmacy error.

If you do not start your claim within this limit, it will no longer be considered valid. While three years may seem like plenty of time, your injury lawyer will need time to collect evidence, book medical appointments, and prepare your claim. Therefore, we advise you to get in touch as soon as possible to start the claims process.

Different time limits apply in the following cases:

• A parent or another suitable adult can make a child injury claim anytime before the child’s 18th birthday. If a claim is not made, the child will have from turning 18 until their 21st birthday to start a claim on their own.
• There is no time limit to start a claim for pharmacy negligence if the claimant lacks mental capacity due to an injury or pre-existing condition.

Depending on its complexity, it can take anywhere from a few months to several years for your claim to settle. If you have pressing financial needs in the meantime, your injury lawyer may be able to secure interim payments on your behalf.

How much compensation could I claim for pharmacy negligence?

The amount of compensation you could receive if you make a pharmacy negligence claim will depend on various factors, such as the circumstances of the incident and the type and severity of your injury or illness. Your medical negligence solicitor will ensure that two types of damages are included in your claim, which will cover all your losses:

General damages are awarded for the pain, suffering and loss of amenities caused by the medical negligence and could include:

• Physical pain and suffering
• Emotional and mental distress
• Impacts on your quality of life
• Any effects on your hobbies or social life

Special damages are awarded for the financial impact of the pharmacy error on your life, such as:

• The cost of private medical treatments
• Prescription charges
• Travel expenses to and from medical appointments
• Loss of earnings during recovery
• Loss of future earnings for long-time conditions
• The cost of care and assistance with daily activities during illness

Compensation for special damages is based on tangible evidence such as receipts, invoices, and medical bills. General damages are based on the level of pain and suffering you suffered. According to the Judicial College guidelines, you could receive anywhere from a few hundred pounds to several hundred thousand, depending on the type and severity of your injury or illness. You can find more information about compensation awards by using our compensation calculator.

Can I make a pharmacy claim on behalf of a loved one?

If someone you love fell ill or their condition worsened due to a pharmacy error, and they can’t claim compensation themselves, you can apply to the court to represent them as a litigation friend. This process is typically used when the injured party is a child under 18 or is a family member who lacks mental capacity due to:

• An intellectual disability like Down syndrome
• A mental health disorder such as schizophrenia
• Post-traumatic stress disorder
• A neurodegenerative condition like Alzheimer’s
• A severe brain injury or stroke

To name you as a litigation friend, the court needs proof that you have no conflict of interest with the claimant and can conduct legal proceedings fairly and competently. Once appointed, you will have a range of responsibilities, such as:

• Make decisions about the case while keeping your loved one’s best interests in mind
• Approve and sign legal documents
• Instruct your solicitor and take legal advice
• Attend court hearings if necessary
• Consider any compensation offers from the defendant
• Pay any fees requested by the court
• Help your solicitor gather evidence to support your medical negligence claim

Your role as a litigation friend will end when a child turns 18 and can handle their own case, if a previously incapacitated individual regains mental capacity, or once the claim settles.

Who will pay my compensation award?

If your pharmacist made an error and gave you the incorrect medication, you may be reluctant to make a pharmacy claim. However, it is essential to know that if your injury was due to the negligence of a pharmacy technician or staff member, they will not be directly held liable for compensation. Your claim will instead be against the insurance policy held by the pharmacy owner. That could be an independent pharmacy, a pharmacy within a GP surgery, or a national high street chain.

If your medical negligence claim is successful, the defendant’s insurer will pay your compensation. Neither your pharmacist nor any staff member will be left out of pocket. However, your claim can help highlight poor practices within the pharmacy so that similar incidents can be avoided in the future.

Do medical negligence solicitors offer a No Win No Fee service?

If you have a valid claim for pharmacy negligence compensation, your solicitor will represent you on a no win no fee basis. That means your solicitor takes on the risk of litigation, and you don’t have to pay anything upfront.

If you make a successful pharmacy negligence claim, your solicitor will get a fee of up to 25% of your settlement. If you lose, you do not have to pay them anything. This ensures there is no risk to you if you decide to start legal proceedings.

As part of the no win no fee agreement, your solicitor will also ensure you are protected against the costs and disbursements incurred during litigation. They will take out After the Event (ATE) insurance on your behalf, which will cover all your expenses if your claim fails. These include medical reports, court fees, and expert witness fees. You only pay the price of the ATE premium if you win the claim.

To learn more about starting a no win no fee claim for pharmacy negligence, call 0800 032 3660 today to speak to a legal adviser. You can also use our contact form to request a call back, with no obligation to proceed.