Can You Sue For Prescription Errors By A Pharmacy?

Can you sue for prescription errors in a pharmacy? There is no short answer to this question but in this guide we shall provide you with the guidance you will need to answer this question yourself. However, in order to put forward a valid claim, you will need to prove that a medically trained professional acted negligently. We have explored what medical negligence is throughout our guide to help you understand whether you’re eligible to claim. 

In this article, we will also explain what a prescription or dispensing error is and the different types of errors that could occur.

We will discuss the steps you can take to build a strong claim, including the evidence you could obtain.

Furthermore, this guide will look at the time limits involved in making a claim.

Additionally, you might be wondering how much compensation you could receive. We have explored this further in our guide.

You may wish to seek legal representation when pursuing your claim. If so, you might find it beneficial to claim under a No Win No Fee agreement. This type of agreement is often used to help fund legal representation. 

If you have been in a similar situation where you suffered harm after a pharmacist has made an error with your medication, our team could help. Use the following details to get in touch today:

• Call us on 0800 073 8804
• Complete our online form  
• Chat to us using the live chat feature below.

Select A Section

1. What Is A Pharmacy Prescription Or Dispensing Error?
2. What Types Of Prescription Errors In A Pharmacy Could I Claim For?
3. How Do I Sue For Medication And Prescription Errors In A Pharmacy?
4. What Is The Limitation Period To Claim For Prescription Errors In A Pharmacy?
5. How Much Is The Average Settlement For Prescription Errors In A Pharmacy?
6. Can A No Win No Fee Solicitor Help Me?

What Is A Pharmacy Prescription Or Dispensing Error? 

All medical professionals have a duty to provide the correct level of care, including pharmacists. However, if a pharmacist was to provide care that falls below the expected standard this could lead to someone suffering additional or avoidable harm.

For example, the pharmacist might fail to check your details before passing you a prescription that was meant for another patient. As a result, you might take the wrong medication causing you to experience side effects that could have been avoided.

After taking the wrong medication, you could experience both physical and psychological effects. If you have evidence that the harm you sustained was caused by a medical professional breaching their duty of care, you could be eligible to seek compensation.

For more information about making a pharmacy compensation claim, call our team. Alternatively, read on for more information about the different types of prescription errors in a pharmacy that could potentially occur.

What Types Of Prescription Errors In A Pharmacy Could I Claim For?

There are potentially various types of prescription errors in a pharmacy that could occur.

However, it’s important to note that not all prescription errors are a result of medical negligence. For instance, a doctor may have done everything they reasonably could to provide you with the right treatment based on the symptoms you exhibited.

The following are examples of where a pharmacist may have acted negligently:

• A pharmacist might have failed to check your prescription correctly and packaged the wrong dosage of medication when sorting your prescription. As a result, you might receive the wrong dosage causing you avoidable harm. If you receive a dose that’s too high, you could experience symptoms of an overdose. If you receive a dose that’s too low, you might find the medication hasn’t been effective. 
• A pharmacist may have failed to follow the correct procedures and given you medication that wasn’t prescribed to you. If you took this medication under the assumption that it was part of your treatment, you may have experienced additional harm that could have been avoided.

Can You Claim For Fatal Prescription Errors In A Pharmacy?

If you or someone you love has experienced a fatal incident of medical negligence, a claim could be made to seek compensation.

However, the process of fatal accident claims may differ. For more information, please get in touch with our team on the number above.

How Do I Sue For Medication And Prescription Errors In A Pharmacy?

There are several steps you can take if you’ve been harmed by a prescription error in a pharmacy and are wanting to pursue a medical negligence claim.

Most importantly, you should gather medical evidence as this can be used to show whether a medical professional failed to take reasonable steps to prevent you from sustaining avoidable harm. 

Medical evidence might include details of prescriptions and medical records from the hospital or doctor.

Additionally, you might need to attend an additional medical assessment. In doing so, a report is created with details of the current state of your condition.

The Bolam test may also be used to determine whether the pharmacist provided the correct standard of care. The test is often carried out by a group of medically trained healthcare professionals. They will assess your case to see whether the care you received fell below the expected standard.

We understand the process of building a strong claim may seem complex. If so, you may find it beneficial to seek legal advice from a solicitor with experience in medical negligence claims.

We could help by connecting you with one of our solicitors to represent your case. For more information, call our team, they can assess your claim for harm sustained following prescription errors in a pharmacy to see if you’re eligible.

What Is The Limitation Period To Claim For Prescription Errors In A Pharmacy?

When prescription errors in a pharmacy occur and you are wanting to make a claim for compensation, there are time limits to be aware of.

Generally, when making a prescription error claim you would have three years to seek compensation. This might start either from the date the incident occurred or the date you became aware that the medical professional’s negligence caused or contributed to your harm. 

In certain circumstances, there are sometimes exceptions. For instance, the time limit will vary if someone is under the age of 18. Additionally, similar exceptions might apply for those who lack the mental capacity to claim.

For more information on the time limits to claiming for harm sustained following prescription errors in a pharmacy, call our team on the number above. 

How Long Will It Take To Get My Payout?

The time it takes for your claim to settle may vary depending on different circumstances. For instance, the following factors may affect the length of a claim:

• Whether liability has been admitted
• If your claim needs to go to court
• If further evidence is needed to support your claim.

How Much Is The Average Settlement For Prescription Errors In A Pharmacy?

It’s difficult to give a definitive value of compensation for a prescription error without assessing your claim. Each medical negligence claim would be calculated independently.

Your claim might consist of the following:

1. General damages: These would compensate you for any physical and psychological injuries due to medical negligence.
2. Special Damages: These would compensate you for any financial loss caused by the incident. For example, you may have incurred a loss of earnings due to being unable to work while recovering. Other costs might include medical bills or travel expenses. However, you must provide evidence of these losses. You could use prescriptions, payslips or bank statements to provide details of the monetary losses you faced. 

Your injuries may be valued with help from medical evidence you provide in support of your claim and the Judicial College Guidelines (JCG). The JCG is a document that includes compensation brackets for a variety of injuries. 

We have created the table below using figures from the JCG. Please only use these figures as a guide. Your actual settlement will vary depending on factors unique to your case.

You could also use our medical negligence compensation calculator to get a rough estimate of what your claim might be worth. 

Alternatively, if you cannot see your injuries in the table above, one of our advisors could value your claim for free. Get in touch on the number above to discuss how compensation following prescription errors in a pharmacy is calculated.

Can A No Win No Fee Solicitor Help Me?

You could work with our solicitors who offer No Win No Fee services, such as a Conditional Fee Agreement. This means you have no cost to pay upfront or ongoing fees to pay while your claim proceeds.

If your case were to win, you would pay a success fee. This success fee is subject to a legal cap. However, if your claim failed, you won’t pay the success fee to your solicitor. 

For more information on how you could work with one of our solicitors, get in touch on the details below:

• Call us on 0800 073 8804
• Complete our online form  
• Chat to us using the live chat feature below.

Supporting Resources

Below, we have included some additional guides and external resources.

• Visit NHS Resolution’s website to understand the role they’ll play in claims against the NHS.
• See the NHS Constitution for England to understand your patient rights.
• For more information on the fundamental standards of care, see the Care Quality Commission.
• Visit our guide on hospital negligence claims if you have experienced further or avoidable harm while receiving care that fell below the expected standard in the hospital.
• See this guide on GP negligence if you have experienced harm as a result of a doctor breaching their duty of care.
• This helpful guide explores how to prove medical negligence.

Other Guides You Can Check Out

• Paydens Pharmacy Wrong Medication Claims
• Day Lewis Pharmacy Wrong Medication Claim
• Claiming If A Doctor Has Prescribed The Wrong Medication
• Who Is Responsible For A Medication Error?

We hope this guide on claiming for harm sustained as a result of negligent prescription errors in a pharmacy has helped. However, if you need more information, call our team on the number above.

Writer Carey

Editor Mitchell