AYP Healthcare Prescription Error Claims Guide
We will explain the eligibility criteria your case must meet to be eligible for a medical negligence claim if an AYP Healthcare prescription error should occur and you believe you have suffered unnecessary harm.
It may not always be clear when a pharmacy mistake or error has occurred. That is why we have provided examples of how pharmacists could make mistakes that could ultimately lead to a patient suffering harm that was otherwise avoidable.
We then outline how compensation can address the impact negligent pharmaceutical practice could have on physical or mental health and a person’s finances.
Lastly, we note the benefits of making a No Win No Fee claim with the expert help of one of our experienced medical negligence solicitors.
You can contact us for free and learn whether you have a case that a solicitor could help you with. All you need to do to get started is select one of these options:
- Call 0800 073 8804.
- Ask about your potential claim online so we can call you.
- Open the live chat pop-up below and send us a message.
Select A Section
- AYP Healthcare Prescription Error Claims Guide
- Examples Of Prescription Errors By A Pharmacy
- How Do You Prove A Negligent Prescription Error?
- What Compensation Could You Claim For Pharmacy Negligence?
- Can I Make A No Win No Fee Claim For An AYP Healthcare Prescription Error?
- Related Medication Error Claim Guides
AYP Healthcare Prescription Error Claims Guide
AYP Healthcare is an online pharmacy that provides a prescription delivery service for certain care homes and patients.
Pharmacists, like all medical professionals, owe a duty of care to the patients they provide a service to. This duty entails ensuring that the service they provide is of reasonable skill and care. Pharmacists have professional codes of conduct that they are expected to follow. The General Pharmaceutical Council (GPC), a regulatory body for pharmacists, sets out standards of conduct and behaviour that pharmacy professionals should adhere to.
To be eligible to make a medical negligence claim following a pharmacy prescription error it would be required of you to be able to prove that you meet the below criteria:
- The pharmacist or pharmacy owed you a duty of care.
- They failed to uphold this duty.
- As a direct result, you suffered avoidable harm.
This does not mean that you can claim compensation for any prescription error. You must prove that the service did not meet the standard expected of a competent professional. Additionally, any harm suffered can only be claimed for if it was unnecessary and could have been avoided if the pharmacist’s service had been carried out at an acceptable standard.
If an AYP Healthcare prescription error were to occur that you believe caused you to suffer harm that was avoidable, call our claims team to find out if there is any action that could be taken.
Pharmacy Negligence Claim Time Limits
As well as meeting the eligibility requirements listed above, your medical negligence claim must start within the legal time limit. According to the Limitation Act 1980, you generally have three years from the date of the incident to submit a claim.
The Act does note that exceptions can apply. For example, the limitation period might differ for someone who was under 18 when the negligent care occurred, or someone who does not have the capacity to start legal action.
Ask our advisors for more information on seeking compensation for prescription errors by calling the free helpline number.
Examples Of Prescription Errors By A Pharmacy
Whether you get your medicines on site or through an internet company, the pharmacy must act within professional standards of competency to ensure patient safety. The below examples show common types of errors where below-standard pharmacy practice could lead to unnecessary pain for their customer.
- The pharmacist is preparing the medication for a care home delivery. They accidentally get the labelling mixed up for two residents. Each resident is given the other’s medication, and one suffers a severe adverse reaction as it mixes badly with one of their current medications.
- A pharmacist mistakeningly puts the wrong dosage on the label of the medication. The dispensing error causes a medication overdose.
- A pharmacist gives a patient another patient’s medication by mistake as they failed to check the patient’s details first. As a result, the patient receives antibiotics. They are allergic to an ingredient in the antibiotics and suffer a serious reaction.
For further information about pharmacy compensation claims, and to discuss your personal experience with a pharmacy, just call our free helpline today.
The Impact Of Pharmacy Negligence
If a patient were to take the wrong medication, then they could experience some of the following as a result
- Pain or discomfort, which could be ongoing or even permanent.
- Prolonging or worsening an existing condition.
- Internal damage and an impact on continence.
- Organ failure or brain damage.
It is strongly advised that as soon as you realise you have been given the wrong medication, you seek immediate medical advice.
How Do You Prove A Negligent Prescription Error?
You should gather as much evidence as possible in order to prove medical negligence. To give yourself the best possible chance of a successful claim, consider the following:
- Gather any proof that suggests a pharmacist was responsible for the medication error and its effects. This could include the medicine you were given.
- Request a copy of your health records from your healthcare provider. This will document the treatment you had to undergo after the pharmacy error occurred.
- Keep hold of any documents that detail how much money you lost or missed out on because of the harm you suffered. This could include bank statements, payslips, invoices or receipts.
You do not have to face this task alone. If you decide to instruct one of our medical negligence solicitors, they can help gather evidence or arrange an independent medical examination that will provide further proof for a case.
It is important to remember that it would be your responsibility as a claimant to prove that any potential AYP Healthcare prescription error took place.
Call today to learn more about the ways that our solicitors can help collect evidence for a case or ask questions about steps you could take yourself.
What Compensation Could You Claim For Pharmacy Negligence?
If your pharmacy negligence claim is successful, you will be awarded compensation. A payout can consist of up to two heads of loss.
One head covers general damages compensation. This aims to account for physical pain and mental suffering caused by care that failed to meet the required standard.
Those working out how much compensation you receive under this head of loss might refer to medical evidence. They can also look at the Judicial College Guidelines (JCG). This document, which features guideline compensation brackets for various illnesses and injuries, has been used to build the table you can see below.
Compensation Table
All lines of this table, except from the top entry, are taken from the JCG. Please remember that this should only be used as a guide.
| INJURY | SEVERITY | COMPENSATION | NOTES |
|---|---|---|---|
| Multiple Very Severe Illnesses Plus Significant Financial Losses And Expenses | Severe | Up to £500,000+ | Compensation accounting for numerous cases of significant injury or illness. The payout also covers multiple financial losses, such as a loss of earnings, prescription fees or travel costs. |
| Paralysis | Paraplegia | £267,340 to £346,890 | The level of award for lower-half paralysis is impacted by factors such as the extent of pain and life expectancy. |
| Brain Damage | Moderately Severe | £267,340 to £344,150 | Very serious disability and a substantial dependence on others. The disabilities could be physical or cognitive. |
| Moderate (i) | £183,190 to £267,340 | Effects include a moderate to severe intellectual deficit, affected senses and a significant epilepsy risk. | |
| Kidney | Both Kidneys | £206,730 to £256,780 | Serious or permanent damage to both kidneys. Alternatively, the loss of both kidneys. |
| Bowels | Double Incontinence | Up to £224,790 | Other medical complications join double incontinence, which is a loss of bowel function and a complete loss of urinary function and control. |
| Bladder | Complete Loss of Function and Control | Up to £171,680 | The absence of bladder control and function. |
| General Psychological Damage | Severe | £66,920 to £141,240 | A marked issue handling factors such as coping with life, education and work. |
| Lung Disease | Breathing Difficulties | £38,210 to £66,920 | Breathing issues, short of disabling breathlessness, requiring frequent inhaler use. |
| Injuries Affecting The Senses | Total Loss of Smell and Significant Loss of Taste | £40,150 to £47,810 | This level of award is only for a significant loss of taste. |
Special Damages Compensation
A second head of loss can follow general damages into a settlement. This head compensates for financial losses incurred. Some examples of out of pocket expenses you could seek compensation for include:
- Medical bills.
- Prescription costs.
- The purchase of a wheelchair.
- Travel fees.
- A loss of earnings from being unable to work.
As we mentioned in the previous section, remember to keep documents that highlight any item you had to buy or service you had to pay for.
You can call us today to discuss how compensation payouts work and what you might be able to claim for.
Can I Make A No Win No Fee Claim For An AYP Healthcare Prescription Error?
If you’re looking for expert representation throughout the claims process, our expert medical negligence solicitors may be able to help. They provide a No Win No Fee service to clients, meaning there is no fee to pay if the claim fails.
If our medical negligence solicitors agree to take on your pharmacy negligence claim, they will do so under a Conditional Fee Agreement (CFA), which is a type of No Win No Fee arrangement. No fees are required upfront, throughout the process, or if the claim should fail.
Winning the claim means the solicitor gets a success fee. This fee is a small percentage of the compensation you are awarded. Thanks to a legal cap set out by The Conditional Fee Agreements Order 2013, the majority of a payout will always go to the claimant.
How To Contact Our Specialist Team
It’s easy to get in touch, and our help services operate 24 hours a day, seven days a week. For a free case assessment and no obligation, all you need to do is either:
- Call 0800 073 8804.
- Share details about your claim online and we can respond at a time of your choosing.
- Use the live chat feature to address your query to an advisor.
Related Medication Error Claim Guides
Here are some further guides from our website:
- Read here to learn about claiming if you were wrongly prescribed antidepressants and experienced avoidable pain.
- This guide reviews whether you can sue for a prescription error in a hospital setting.
- Learn about claiming if a doctor prescribed the wrong medication, leading to unnecessary harm.
Some further resources:
- How to report concerns about pharmacy care to the GPC.
- NHS guidance on when to call 999 and ask for urgent care.
- Learn about claiming Statutory Sick Pay through this government guide.
Thank you for reading through our guide. If an AYP Healthcare prescription error ever happens and you believe you have suffered avoidable harm, please do not hesitate to get in touch and an advisor can review your potential case.
