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Pharmacy Claims Guide – Pharmacy Negligence Mistake ( Prescription Error ) How Much Compensation Can I Claim?

By Marlon Cooke. Last Updated 1st March 2023. Welcome to our pharmacy compensation claims guide. On this page, you will find a guide consisting of advice, information and the steps needed in making medical negligence claims if you have been harmed due to clinical negligence on the part of your pharmacist. If your pharmacist has made a mistake, which has directly led to you being harmed, then you will have a valid reason to make a personal injury claim against them.

Legal Expert has a wealth of experience in making complex clinical negligence claims on behalf of our clients. And we can advise you on how to claim maximum compensation on a No Win No Fee basis. Just give us a quick telephone call on 0800 073 8804 now, and we will do our best to assist you in starting a pharmacy claim. Alternative, tell us about your claim online.

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A Guide To Making Pharmacy Claims

pharmacy claims

Pharmacy claims

This guide to making a compensation claim for harm caused by clinical negligence on the part of your pharmacist has been published so that people can learn about the process of claiming that their legal team will follow on their behalf. If your pharmacist makes a mistake, the consequences can be dire, even life-threatening in the most severe cases.

So, this pharmacy compensation claims guide will help you prepare to make some successful damages claim for pharmacist clinical negligence. You need to make your claim within the personal injury claims time limit of three years, so if this window is nearly closed, don’t waste any time in making your claim. We have not produced a personal injury claims calculator on this page, as they tend to be very hit or miss and seldom give correct estimates for how much you might claim.

Examples

Below, you will find:

  • A comprehensive definition of what a pharmacy error is and how it can seriously affect a patient.
  • An explanation of how these errors related to the duty of care that every medical professional owes to patients under their care.
  • Info covering the types of errors that a pharmacist can make, which could form the basis of a compensation claim.
  • A brief look at the most common medical side effects that a pharmacy error could have on the health of a patient.
  • A fairly detailed list of the types of damages a settlement for clinical negligence and pharmacy error might include.
  • You can take several steps to make sure you minimise the risk of becoming the victim of a pharmacy error.
  • Info on a person’s eligibility to make a clinical negligence damages claim against their pharmacist and how likely it might be that you are eligible to make a claim.
  • Advice on the best way to start a claim and the induction process that Legal Expert uses to onboard new clients.
  • Our No Win No Fee clinical negligence claims service is discussed, and we provide the reasons we think this is the best way to claim your pharmacist.

After reading this guide, we can answer any more questions you might have about the claims process if you call us on the number that you will find towards the end of this guide.

Pharmacy Negligence – What Is It?

As medical professionals, pharmacists will owe a duty of care to anyone who seeks treatment, or purchases medicine through them. They will have to perform their jobs competently to ensure that they do not cause avoidable harm to people.

If a pharmacist breaches this duty and you suffer from unnecessary harm due to this breach, you may be able to sue the responsible pharmacist for their negligence. An example of this being if a pharmacy gave you the wrong dosage for your medication and this led to you falling ill. You could be eligible to make a medical negligence claim to seek compensation for your caused illness, and the effect that the illness had on your life.

The following section goes into more detail about the different ways that pharmacy negligence could occur, but you can reach out to one of our advisers at any point to receive a free claim evaluation.

What Types Of Pharmacy Error Compensation Claims Can You Make?

Causes that may result in a pharmacy compensation claim could be:

  • Administrative errors – these will usually be made by junior members of the pharmacist staff, who will not be medically qualified. However, the pharmacist responsible for the pharmacy is also responsible for making sure junior staff do not make critical mistakes.
  • Dispensing errors – in these cases, the pharmacist will have given the patient the wrong medication. Either by giving them entirely the wrong container or filling a container with the wrong medication.
  • Transcription errors – we have all heard the old jokes about a doctor’s handwriting. Unfortunately, joking aside, when a pharmacist misreads a prescription, they could end up providing the wrong medication.
  • Prescription errors are rare in the UK, as pharmacists are not allowed to prescribe medication for their customers.

These are the most common ways that pharmacy errors occur. If you have been the victim of any of these, then Legal Expert can assist you by making a damages claim on your behalf. Call us on the telephone number at the end of this guide to find out how to claim.

Am I Eligible To Make A Pharmacy Claim?

To answer the question, can I claim if my pharmacy gave me the wrong dosage? UK solicitors would generally agree that as long as the mistake can be proven to have been made by the pharmacist, then a reason to make a pharmacy negligence claim will exist. The law treats pharmacists in the same way as any other medical professional. If they fail in their duty of care towards you, you should make a damages claim successfully.

To find out if you are eligible to claim compensation in your own case, simply telephone Legal Expert on the phone number you can find towards the bottom of this guide.

Top Tips For Proving A Wrong Prescription Claim

This section focuses on examples of evidence that you can gather to help support your claim. In order to be awarded compensation for damage caused by receiving a wrong prescription, you need to be able to establish medical negligence.

For that reason, to build a strong case to receive settlements for the wrong prescription being administered, you could gather various pieces of evidence.

Here are some examples of evidence you can acquire:

A copy of the wrong prescription – Being prescribed the wrong medication could have a negative affect on your health. Having the prescription itself can be a very valuable piece of evidence to present during your claim.

Medical records – These may contain information on your original condition. They can help establish whether or not the medication you were prescribed was suitable.

Independent medical assessment – This needs to be carried out as part of your claim. Information such as the extent of your injuries and how long it may take you to recover will be included in the report. If you enlist our services, our lawyers can help arrange this locally for you.

Get in touch if you need any more examples or information on evidence gathering.

What Can A Pharmacy Negligence Claim Include?

When you make a compensation claim for compensation for dispensing error by a pharmacy, your settlement will comprise of several different types of damages. These damages fall under two main headings; special damages and general damages, thus:

What Falls Under General Damages?

General damages are the category of damages that contains all of the physical manifestations of your compensation claim, including but not limited to:

  • Pain and suffering – of the medical condition itself, this would mean all of the short-term and long-term symptoms of taking the wrong medication.
  • Mental trauma – of the initial medical condition, the worry of taking the wrong medication and not knowing how well you will recover.
  • Psychological damage – in the longer term, such as anxiety or depression.
  • Long-term disability – if the medication has caused long-term or permanent effects on your health.

Settlements For Wrong Prescription UK

A drug dispensing error could have far-reaching effects on your life. If you’ve suffered harm due to a wrong prescription, the settlements for wrong prescription UK in a successful claim will depend on the severity of your injuries and their continuing impact on your life. This calculation is known as general damages.

The table below contains compensation amounts that could serve as guides to estimate how much compensation for wrong medication illness you could receive. These amounts are taken from the April 2022 edition of the Judicial College Guidelines and are used by solicitors when valuing claims.

Edit
Injury Description Amount
Sight (b) Total blindness In the region of £268,720

Bladder (c) Seriously impaired control with incontinence and some pain £63,980 to £79,930

Hearing (c) Total hearing loss in one ear £31,310 to £45,540
Spleen (a) The spleen is lost, with an on going risk of internal infection £20,800 to
£26,290

Female reproductive system Infertility, but where the claimant wouldn’t have had children due to age or other factors £6,610 to
£18,680

Illness (i) Severe toxicosis – pain, diarrhoea, hospital admission £38,430 to
£52,500

Illness (ii) Serious, but short-lived £9,540 to
£19,200
Mental anguish (E) When you think your life may end, or be made shorter £4,670

Other Example Settlements For Wrong Prescription In The UK

If you have incurred financial losses due to your injuries and can prove these costs, you could include them in your claim. This would be under special damages and could include travel expenses, private medical costs and loss of income.

For more information about what your claim could potentially be worth, get in touch with us today. Our advisors can offer a free claim estimate based on your specific circumstances.

Pharmacy Negligence Cases – No Win No Fee Pharmacy Claims Experts

If you’ve been harmed by a medical mistake due to a pharmacist’s negligence and have decided to claim, we recommend you seek legal assistance. Choosing an experienced solicitor could have a positive impact on the success rate of your claim. It could therefore be valuable to use solicitors who have successfully handled pharmacy negligence cases in the past.

Our solicitors at Legal Expert have years of experience in all types of claims. They can also offer their services on a No Win No Fee basis.

This means you are not required to pay your solicitor upfront for their work. If your claim succeeds, and you receive compensation, you will pay your solicitor a legally capped success fee. If you do not receive compensation, you will not be required to pay this.

Why Legal Expert Can Help You

If you were the victim of a pharmacy error, such as your chemist dispensed the wrong drugs and this caused you harm, we can help you claim the compensation you are eligible for. We have done this for thousands of people in the past, and we can do the same for you.

We try to get you the very maximum level of compensation we can, based on the specifics of your particular case, and we will always keep you updated on whatever we are doing on your behalf to move your claim forward.

Call Legal Expert on the number below to learn how you can become another one of our happy clients and receive the compensation you deserve.

Talk To Us Today

Are you ready to seek settlement for the wrong prescription? Or have you been the victim of one of the other types of pharmacy errors? Either way, call Legal Expert 0800 073 8804 so that we can learn more about your claim. Once we have, we will tell you what we think the best thing you can do next is.

Useful Links

Below is a full guide to making a compensation claim for a case of clinical negligence:

A guide to making a clinical negligence claim

Below is a full guide to making a compensation claim for a case of clinical negligence causing death:

A guide to making a clinical negligence claim that caused a death

Below is a report on patient safety that was published by the NHS in the UK:

What to do if Sainsbury’s pharmacy gives you the wrong medication – claims guide

This guide is a bit more specific. If you have evidence that Sainsbury’s pharmacy could be guilty of negligence, then read this guide.

NHS patient safety report

Below is a link that leads to statistics published by the UK Government on clinical negligence:

UK statistics on clinical negligence

Below is a link that leads to NHS publishing information on poisoning:

NHS info on poisoning

Other Helpful Guides

Pharmacy Compensation Claims FAQs

How do pharmacy claims payments happen?

The insurance company for the pharmacy would usually make payments to patients that file successful claims.

How do I sue a pharmacy?

You can speak with one of our personal injury solicitors at any time about suing a pharmacy.

What is negligence in pharmacy?

This is where an action or lack thereof unnecessarily places a patient’s health at some level of risk.

What happens when a pharmacy makes a mistake?

At this stage, the patient could look at making a compensation claim against the pharmacy.

What is pharmacist misconduct?

This is where a pharmacist acts poorly to cause harm or by acting with negligence towards patients.

How many mistakes do pharmacists make?

They don’t happen often, but pharmacists across the board do make a small percentage of errors over time.

What is lack of documentation for a claim?

This includes any documentation that supports or even discredits the patient’s attempts to receive a safe prescription.

Can a pharmacist reject a prescription?

This is possible if the pharmacist feels that the medication would cause harm to the patient.

Thank you for reading our pharmacy compensation claims guide.

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      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.