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

By Daniel Archer. Last Updated 5th May 2022. 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.

What Is A Pharmacy Error?

A pharmacy error can be a serious mistake that can potentially threaten the person’s life who is on the receiving end of the mistake. This means that the victim will almost always use a personal injury lawyer to make personal injury claims if the error has harmed them.

Pharmacists are classed as medical professionals, so it is classed as medical negligence when they make a mistake that harms a patient. Primarily, pharmacy errors consist of a person being given either the wrong medication entirely or the wrong dose of the correct medication. More on this below.

If you have been the victim of a pharmacy error, pick up the phone and give us a ring on the phone number you will find down towards the bottom of this pharmacy compensation claims guide.

So, What Do Pharmacy Negligence Claims Include?

When you make a prescription error at a pharmacy claim, the most important aspect of the claims process that your personal injury solicitor will explain to you is that it is, in fact, a medical negligence case in its basic form.

A pharmacist is a recognised, qualified medical professional with the same duty of care towards patients as other doctors, specialists, surgeons, or nurses. When they make a mistake that harms a patient, this is a failure of the duty of care, and therefore, is classed as medical negligence.

Your claim will include aspects of clinical negligence claims. For example, your actual physical condition after the mistake will carry great weight. You will likely need to have a professional expert opinion about your medical condition to support your claim. Here at Legal Expert, we can assist you in this. We can arrange for a local doctor to give you an examination. Just call us on the telephone number you will find towards the bottom of this page to arrange this.

What Types Of Pharmacy Error Compensation Claims Can You Make?

pharmacy claim statistics

Pharmacy claim statistics

The graph above shows the most common examples of negligence by a pharmacist that could lead to successful pharmacy negligence claims. A better description of these causes that result in pharmacy compensation claims would 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.

And What Could The Side Effects Or Symptoms Of Pharmacy Errors Include?

If a pharmacy gives the wrong medication, UK residents could suffer from a very wide range of symptoms. From almost unnoticeable symptoms such as nausea or fatigue all the way through to full-blown anaphylactic shock, or even death in the very worst cases.

The symptoms will depend upon whether the victim has a normal reaction to the medication or an allergic reaction. For a standard chemical reaction, symptoms such as nausea, diarrhoea, fever, cramps, and vomiting would be common, depending on the severity of the symptoms. The patient may need to visit the hospital for treatment.

An allergic reaction can be much worse. It can lead to severe symptoms such as renal failure, permanent damage to the liver, kidneys and other vital organs, permanent brain damage or even death.

If you need to make a pharmacy error compensation, then Legal Expert is here to help. No matter how severe your symptoms were, we can get you the compensation you are entitled to. Give us a telephone call on the phone number you will find at the bottom of this guide to begin claiming a pharmacy error.

How To Make Sure You Don’t Suffer Pharmacy Negligence

As can be seen from the information above, if your pharmacy dispensed the wrong medication, you could suffer potentially lethal effects. The best answer to the question, my chemist gave me the wrong medication. What can I do? It is to make sure you are never given the wrong medication in the first place. Towards this end, the following tips will help:

  1. Always double check your medication before you leave the pharmacy.
  2. If you cannot read your prescription, ask your doctor to re-write it clearly.
  3. Learn about the different dosages and what they mean so that you will be able to spot dosage mistakes.
  4. If the medication you are given is different either in type or dosage to your regular prescription, make sure you ask your chemist about it.
  5. Whenever you are in doubt about anything, ask.

If you have been harmed due to clinical negligence on your pharmacist, then Legal Expert can assist you by helping you start your pharmacy compensation claims. Call the telephone number you will find towards the end of this guide to find out more.

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.

How Can You Make A Pharmacy Claim?

If you need answers to questions such as, how much compensation for wrong medication? or can you sue the pharmacy for the wrong dosage? Then you need to speak to us here at Legal Expert. There is a phone number at the end of this guide, all you need to do is call it, and we will take things from there. We will start by answering any questions you may have, such as those above. Then we will move on to ask our own questions. We do this, so we can get a good idea of how your claim looks. The questions we ask could include:

  • When did your pharmacist make a mistake?
  • Have you spoken to your pharmacist about the mistake?
  • Is your pharmacist aware that they made a mistake?
  • What does your doctor think about the long-term effects of your condition?
  • Is the prognosis for full recovery a positive one?
  • Have you had to take time away from work?
  • Did you lose any income from missing work?
  • Have you had to pay any travel expenses due to the event?

Once we ask questions similar to these, we will understand your pharmacy compensation claims much better. And then, we will be able to advise you on what we think your course of action should be.

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.

How Much Compensation For Wrong Medication Can I Claim?

In this section, we break down how your prescription error claim can be calculated. If you’ve suffered due to pharmacy malpractice, then your settlement may be made up of more than one figure.

First, let’s address the matter of general damages. This is the sum that is awarded to you to financially compensate you for your physical and mental injuries. Along with medical evidence, legal professionals will use the Judicial College Guidelines (JCG) to assist them when calculating an appropriate amount to award to you.

We have included some figures from the JCG below. You’ll see some possible injuries that could be caused by pharmacy negligence. Alongside each entry are some figures that are based on similar cases that have been processed in the past.

InjuryDescriptionAmount
Sight(b) Total blindnessIn the region of £252,180
Bladder(c) Seriously impaired control with incontinence and some pain£60,050 to £75,010
Hearing(c) Total hearing loss in one ear£29,380 to £42,730
Spleen(a) The spleen is lost, with an on going risk of internal infection£19,510 to £24,680
Female reproductive system(a) Infertility, but where the claimant wouldn't have had children due to age or other factors£6,190 to £11,820
Illness(i) Severe toxicosis - pain, diarrhoea, hospital admissionUp to £49,270
Illness(ii) Serious, but short-livedUp to £18,020
Epilepsy(a) Established grand mal£95,710 to £140,870
Epilepsy (b) Established petit mal£51,460 to £123,340
Mental anguish(E) When you think your life may end, or be made shorter£4,380

Other Example Settlements For Wrong Prescription In The UK

It’s possible that you could also be compensated for other things too. For example, you could have experienced certain expenditures that you wouldn’t have had to cover if it were not for your injuries. They are called special damages.

Some examples can include things like:

  • Loss of earnings –  if you have been unable to work for a period of time due to your injury or illness.
  • Future loss – you may be unable to return to work. If so, you could be eligible to be compensated for any earnings you could or would have accrued until the age of retirement.
  • Medical expenses – things such as prescriptions and necessary private medical care.
  • Damage to property – if your personal property was damaged or destroyed, special damages could cover the cost of repairs and/or replacements.

Get in touch for more information on special damages.

No Win No Fee Pharmacy Claims

If you have questions, such as my pharmacy gave me the wrong dosage, how much will it cost me to make a compensation claim? Then we have the best answer possible for you. If you need to claim damages for a wrong prescription given to you by your pharmacist that lead to you suffering harm, then Legal Expert operates a No Win No Fee clinical negligence claims service. This service is available to every person in the UK and is an entirely risk-free way in financial terms to make a claim.

You pay zero in fees as we proceed with your claim and zero in fees as we pursue your claim. If we don’t win your claim, then the amount of fees you will need to pay is still zero. You only pay us when you receive a damages settlement. Call us on the number towards the end of this guide to help with your pharmacy compensation claims.

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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