Tesco Pharmacy Wrong Medication Claims Guide – How To Claim Compensation If Tesco Pharmacy Dispenses The Wrong Medication?
Have you suffered adverse side-effects due to medical negligence? Has the wrong medication caused a pre-existing condition to deteriorate? If that is the case, then you might be seeking legal advice on how to claim compensation. Pharmacies are required by law to uphold a high code of ethics. A high code of ethics ensures all pharmacies operate at a high standard, and it helps minimise potential risks. For example, a high code of ethics ensures patients receive the correct medication that is the required dosage. But if a pharmacy were to neglect their legal and ethical responsibilities, it could cause their customer’s avoidable injury or harm.
Here at Legal Expert, we understand that a prescription error by a pharmacy could be a costly experience, resulting in various health implications. If you have been injured due to the fault of a Tesco Pharmacy, then you might be seeking legal advice on how to claim compensation. This guide is set to discuss Tesco Pharmacy negligence claims in greater length, providing details and applicable information. However, if you wish to speak to a professional regarding your potential claim, why not talk to a member of our team? Our phone lines are free to call, and our team of advisers are available 24 hours a day, 7 days a week.
Select A Section
- A Guide To Tesco Pharmacy Wrong Medication Claims
- What Is Tesco Pharmacy Negligence You Could Claim For?
- Statistics – How Many Prescriptions Errors Are Made In England?
- Causes Of Dispensing Errors By Pharmacies
- Types Of Medication Negligence By A Pharmacy
- What Impacts Could The Wrong Medication Have On A Customer?
- Steps To Prevent Mistakes Being Made
- Compensation Calculator For Wrong Medication Negligence
- Additional Costs Which You May Claim Compensation For
- No Win No Fee Claims – Tesco Pharmacy Wrong Medication Negligence
- Why Choose The Team At Legal Expert For Your Claim?
- Start Your Claim For Pharmacy Negligence
- Essential Resources
All Pharmacies are held to a high code of ethics, which has been outlined by The General Medical Council (GMC). However, if a Tesco Pharmacy were to neglect their duty of care, this breach could result in a medication error to occur. Not only could a mistake of this nature cause innocent patient adverse side-effects, but it could lead to severe and life-altering health implications. If you have endured a degree of damage due to the negligent actions of a Tesco Pharmacy, then you could have grounds to make a claim for compensation. To successfully discuss Tesco Pharmacy claims, this online guide is set to answer the following questions:
- What is a personal injury claim?
- What is, duty of care?
- What are the effects of a prescription error?
- Who is at fault for a prescription error?
- How could Legal Expert support me when making a claim?
Towards the end of this online guide, it will have successfully answered the questions that are located above. However, if you wish to speak to a legal professional regarding your potential claim, why not give Legal Expert a call? One of our advisers would be more than happy to talk with you and answer any questions you might have.
You might be questioning what is meant by a Tesco Pharmacy error, and how are they caused? Many people use Tesco Pharmacies to pick up repeat prescriptions, medication for an unexpected illness, or one-off purchases, such as painkillers. To ensure all personnel are qualified to dispense medicinal drugs, Tesco Pharmacists will be trained in the science of pharmacy. This ensures they have the right knowledge and skills to fulfil the job role and uphold their duty of care.
If a pharmacy were to deviate from their duty of care, it could cause a medication error. Not only could a medication error result in pain and suffering, but it could cause pre-existing conditions to deteriorate, or, in severe cases, it could lead to death. If you or a loved one have been affected by Tesco Pharmacy negligence, then you might be seeking advice on how to make a claim for medical negligence. Within the following sections, it shall provide those affected by a pharmacy error with useful information.
A report published by the General Medical Council in 2012 found that 1 in 20 prescriptions included an error. This study examined 15 GP surgeries located across various parts of England, and it looked at 1, 777 patient’s individual orders. The study examined over 6,000 prescriptions. The study concluded that 42% of errors were minor, suggesting no real threat to the patient’s life. It also stated that 54% of mistakes whereof a moderate error, and 4% were severe. In addition to these findings, the study also included the following statistics:
- The most common error was a failure to request monitoring (69%).
- 4 in 10 patients over the age of 75 suffered from a prescription error.
- 11% of the mistakes made were in connection to timing.
Primarily, a dispensing error could be caused if there are inconsistencies or deviations from the standard prescription process. In doing so, this could lead to:
- The wrong drug being dispensed
- The improper dosage being dispensed
- The wrong quantity being dispensed
- Incorrect or inadequate labelling
- Incorrect directions for use being provided
Medication errors should not be taken lightly, as they could cause health-related severe implications. Unfortunately, if a pharmacist were to deviate from their duty of care, this breach could result in a medication error. In addition to dispensing errors, a medication error may also be caused by one of the following factors.
- Transcription Errors – Transcribing errors are caused when the handwriting on a prescription is difficult to read. Due to poor or unreadable writing, a pharmacist could misread or misinterpret the prescription, leading to a medication error.
- Prescription Errors – Prescription errors could be caused due to slips, lapses, or mistakes made by a medical professional. In some circumstances, a prescription error is connected to a prescription mix-up, providing the wrong medication, giving a patient the wrong dosage, or incorrect instructions.
Producing, preparing, dispensing, handling and reviewing medication is a pharmacist’s primary role, and to ensure this role has been ethically and safety achieved, there are measures set in place. For example, the General Medical Council (GMC) state that those who prescribe and manage medication are required to keep up to date with the law, keep documentation of their work, and provide treatments that are based on the best available evidence. The General Medical Council (GMC) also state that pharmacists are obligated to:
- Have a high standard of knowledge regarding medication.
- Understand their limits and seek support if required.
- Use accessible resources, such as data and records.
- Ensure the health and safety of their patients is the highest priority.
- Pharmacists are solely responsible for the medication they sign for and any decisions they make.
The measures outlined by the GMC have been set in place to ensure all patients receive universal, safe, and effective treatment. But despite the comprehensive steps that have been set in place, if a medical professional were to deviate from their duty of care, it could lead to various errors. We have outlined some medication errors that could occur if a pharmacist were to neglect their duty of care.
Mistakes In Administration – Errors of this nature could be caused by faulty equipment, understaffing, and various technical errors.
Dispensing The Wrong Medication – As outlined in the previous section, dispensing errors could be associated with the wrong dosage, the wrong medication, or inadequate labelling.
Dispensing Incorrect Instructions – Giving patients the correct instructions when prescribing medication is vital, as it ensures the medicine is being consumed correctly. Being provided with wrong instructions could lead to medication being taken incorrectly.
Wrongly Mixing Prescriptions – Not only could this cause a patient to receive the wrong medication, which could cause adverse effects, but it means a patient’s illness could go untreated.
If a customer were to be prescribed the wrong medication, it could lead to various health complications and side effects. In some circumstances, the effects of a prescription error could result in short term complications, such as nausea and headaches. But in severe conditions, prescription errors could lead to one of the following implications:
- Internal Bleeding.
- Liver Damage.
If you have been prescribed the wrong medication but haven’t experienced adverse side-effects, then you would not be eligible to claim compensation. To make a medical negligence claim, you must have suffered a degree of injury or illness. For example, if you suffered from an allergy and were to be prescribed harmful medication, it could lead to a life-threatening condition known as anaphylaxis. Not only could an anaphylactic shock cause pain and suffering, but in severe cases, it could lead to death.
Despite the measures the General Medical Council set in place to prevent medical negligence, you might question if there are steps you could follow to protect yourself from pharmaceutical errors? To protect yourself from pharmacy negligence, you could consider following these steps:
- Check your medication.
- If you have several boxes of medication, check that your name is on all of them.
- Ask the pharmacist how to take your medicine, ensure you have been given the correct steps.
- If you are taking medication for another condition, ensure the pharmacist is aware of your condition and the medication you are currently taking.
You might question how much compensation could be awarded for a Tesco Pharmacy error? When claiming compensation, it is essential to highlight that two categories of damages could be taken into consideration. These are known as General Damages and Special Damages. Within this section, it shall explore General Damages in greater length and provide a personal injury claims calculator.
General Damages will be awarded to those who experience a degree of physical injury or psychological trauma. To be awarded General Damages, you will be required to provide a medical report. Within the report, it should detail the type of injury you’ve sustained, the severity of the injury, if you’ll require future treatment, and how the damage will affect your day-to-day life. To outline how the severity of an injury plays a crucial role within the claims process, we have provided a personal injury claims calculator.
|Brain Damage||Minor||£14,380 to £40,410||Those who endure minor Brain Damage are expected to make a significant recovery. However, they could display symptoms, such as behavioural issues, memory loss, and concentration issues.|
|Brain Damage||Severe||£264,650 to £379,100||Severe Brain Injury is expected to have life-altering effect. Symptoms could include sensory impairment, a change in personality, behavioural issues, and communcation issues.|
|Bowel Damage||Minor||£11,820 to £22,970||Minor bowel damage is expected to cause damage for a significant length of time, however, it will return to a natural function.|
|Bowel Damage||Severe||Up to £172,860||Severe Bowel damage will have a life-altering impact. In most cases, those who experience severe bowel damage will loss complete loss of natural function and experience additional complications.|
|Kidney Damage||Minor||£28,880 to £42,110||Compensation of this bracket could be awarded to those who experience minor Kidney damage. This is where one kidney is removed, but no damage to the second is caused.|
|Kidney Damage||Severe||£158,970 to £197,480||In this bracket, those who lose or endure damage to both kidneys could be awarded compensation.|
The figures within the table are based on the Judicial College Guidelines, which directly applies to England and Wales based claims. However, it is worth highlighting that the figures listed within the table are for example purposes only. The compensation you could be entitled to may differ, as every claim for compensation is unique.
In addition to General Damages, those that pursue a claim for compensation may also be eligible for Special Damages.
Special Damages could be awarded for the following types of financial loss:
- Medical Costs
- The Loss of Income
- The Loss of Future Income
- The Cost of Care
- Future Career Prospects Being Hindered
To be awarded Special Damages, you will be required to provide various forms of evidence. This could include financial documentation, such as receipts and bank statements. This information will be crucial within the claims process, as it will be used to support your potential claim for compensation.
A Conditional Fee Agreement (CFA), also referred to as a No Win No Fee agreement is a financial agreement between a solicitor and the claimant. If a solicitor offers to handle a claim under a No Win No Fee basis, then it could reduce the threat to your finances and eliminate the financial burden of up-front fees.
If a solicitor takes on a claim under a No Win No Fee agreement and is successful, then you will be required to pay a fee for the services that have been provided. This is also referred to as a success fee, and by law, it is capped at a maximum of 25%. However, you will have the opportunity to discuss the percentage of the success fee before beginning your claim. If a claim for compensation is unsuccessful, then you wouldn’t be required to cover your solicitor’s legal fees.
You might be questioning how Legal Expert could support your potential claim for compensation? In the event you are injured due to an avoidable pharmacy error, then a solicitor from our panel could potentially handle your claim. With over 30 years of experience, our panel of solicitors are exceptionally well versed in personal injury law, and they could provide you with advice and support throughout the claims process. So if you wish to make a claim for compensation, why not get in touch a begin your claim with Legal Expert.
It must be stated that in order to make a successful claim with a solicitor from our panel, you must begin your claim within the personal injury claims time limit. The 3 years limit comes into action from the moment you are aware of the avoidable harm. A failure to begin your claim within this time limit will hinder the eligibility of your claim for compensation. However, there are exceptions to the time limit. So to discover whether your claim meets the applicable time limit, please speak to a member of our team.
When you are ready to speak with a professional regarding your potential claim, why not talk to Legal Expert? Firstly, you could call our phone lines and speak to one of our knowledgeable advisers, as they can offer you a free consultation over the phone and answer any queries that you might have. Alternatively, you could submit an enquiry form located on our website, and once submitted, a member of our team will contact you at your earliest convenience.
To enquire online, please click here.
To speak to an adviser, the number to call is 0800 073 8804.
Within the following section, we have provided some additional materials that could be of use to those that wish to make a claim.
Medical Negligence Claim
Could I Be Entitled To Compensation For A Medical Error?
Hospital Infection Claim
Does A Hosptial Owe Me A Duty Of Care?
Medical Negligence Resulting In Death
Could I Claim For The Loss Of A Loved One?
Written By Brennan
Edited By Melissa.