In this guide, we explain when it is possible to claim compensation for pharmacist negligence. Anyone who suffered avoidable harm due to substandard care from a pharmacy professional can claim if they meet certain criteria. We outline these criteria before providing examples of how a pharmacy mistake can occur through negligence.
Continuing through the guide, you can learn what may affect the length of a medical negligence claim and how our specialist solicitors can help the claims process run smoothly. Furthermore, find out what a settlement can cover if your compensation claim is successful.
Finally, we explain how one of our medical negligence solicitors could offer their services which includes professional legal advice and guidance on a No Win No Fee basis.
If you’ve suffered unnecessary harm because of negligent pharmacy practice, you can talk to us today and request a free claim evaluation. Choose any of our contact options to get started:
- Call 0800 073 8801.
- Contact us through our website to discuss prescription error claims.
- Use the live chat feature that appears on this page.
Select A Section
- Who Could Make Compensation Claims For Pharmacist Negligence?
- Examples Of Negligence By A Pharmacist
- How Long Could My Pharmacist Negligence Claim Take?
- Typical Damages For Pharmacist Negligence
- Get Help From A Pharmacist Negligence No Win No Fee Solicitor
- Further Medical Negligence Claim Resources
Who Could Make Compensation Claims For Pharmacist Negligence?
Professionals working in a pharmacy have a number of tasks. They read prescriptions, dispense the appropriate medication, advise patients on its use and ensure medicine is stored and catalogued correctly.
Pharmacists are like any medical professional in that they owe a duty of care to any patient to whom they provide their services. This means they must always provide the correct standard of care. They are expected to meet standards for professionals outlined by the General Pharmaceutical Council to understand what is required of them.
To make a medical negligence claim due to a negligent pharmacist, you would need to meet the following criteria:
- A pharmacist owed you a duty of care.
- Their care did not meet the correct standard, and their duty to you was breached.
- Because of this breach, you experienced avoidable harm.
Pharmacist Negligence Claim Time Limits
As well as the criteria listed above, you should be mindful of the legal time limit for medical negligence claims. The Limitation Act 1980 generally allows three years to start a case, and this will be the case for most pharmacy negligence claims.
This might be three years from when the pharmacy error occurred, but it may also be from when you learned of the avoidable harm you sustained.
Some cases may call for an exception to the time limit that is normally applied.
For a full picture of the limitation period for pharmacy claims, just give us a call on the phone number listed above.
Examples Of Negligence By A Pharmacist
The following examples highlight how a pharmacist could breach their duty of care and how this could lead to avoidable harm:
- A pharmacist misreads a prescription and provides the patient with the wrong dosage of medication. Giving too much medicine could lead to an overdose, while an existing condition could worsen if the dosage provided is too low.
- A pharmacy technician makes a labelling mistake and the patient is not given the medicine prescribed to them. Due to being given the wrong medication by the pharmacy, the patient suffers harmful effects.
- Because the correct medication is unavailable, the pharmacist replaces it with something similar without consulting with the patient or their doctor. The substitute drug has an ingredient the patient is allergic to, causing them to go into anaphylactic shock.
- A prescription mix-up at the pharmacy sees one patient given another patient’s medication. The drug is unsuitable for the patient and causes significant harm.
- A pharmacist does not check if a patient is already taking prescription medication and dispenses a product that reacts badly with the patient’s existing medicine. The reaction causes the patient serious internal damage.
If you have suffered harm because of an avoidable error by a pharmacist, you may have a valid clinical negligence claim. Call today to learn how our specialist solicitors help people make a No Win No Fee claim for a pharmacist’s negligence.
How Long Could My Pharmacist Negligence Claim Take?
Many people ask our expert solicitors how long medical negligence compensation takes to come through and about the length of the claims process as a whole.
There is no straightforward answer, because it depends entirely on how the claim unfolds. For example, a pharmacy negligence claim is likely to go much faster if the pharmacist accepts liability. On the other hand, negotiations may last longer if they do not admit responsibility. Cases that go to court will take even more time, but the majority of pharmacy negligence cases are resolved before a court hearing becomes necessary.
The process may be extended to allow you time to seek medical attention and recover.
It may also take some time to gather all the evidence required to prove pharmacist negligence. As part of the claims process, you may need to attend a medical assessment by an independent doctor to assess the extent of the harm caused.
Your case might additionally be subject to the Bolam Test, where a group of relevantly qualified professionals give a verdict on whether the pharmacist met the correct standard of care. The results of both could be combined with your medical records, witness statements, and other forms of proof to aid your claim.
One of the benefits of having a pharmacy negligence solicitor representing you is that they are familiar with the process and can help you avoid any unnecessary delays.
Call today for a free consultation and you can find out whether your case can be forwarded to one of our experienced medical negligence solicitors.
Typical Damages For Pharmacist Negligence
If you win your case against a negligent pharmacy, you will be awarded compensation. How much compensation you receive for pharmacist negligence depends on numerous factors, including how much you were affected.
One guarantee is that medical negligence compensation will feature a payment under the general damages head of loss. This accounts for physical harm and emotional suffering caused by pharmaceutical negligence.
Those responsible for valuing your injuries could use medical evidence to work out the extent of avoidable harm suffered. They may also look at the Judicial College Guidelines (JCG,) a set of guideline compensation brackets that cover different illnesses and injuries at various levels of severity.
Guideline Table
The table below features JCG guideline compensation brackets, plus a top line that is not from the document. Remember to only use this table as a general guide as it may not reflect what would be paid out if you were to succeed in a pharmacy negligence claim.
| INJURY | SEVERITY | COMPENSATION | NOTES |
|---|---|---|---|
| Multiple Severe Illnesses, Costs, Expenses and Losses | Very Serious | Up to £500,000+ | Compensation addressing numerous forms of very serious harm, plus expenses or losses such as prescription fees or missed work earnings. |
| Brain | Moderately Severe | £219,070 to £282,010 | The affected person is very seriously disabled. They are substantially dependent on others and need professional or other care constantly. |
| Moderate (i) | £150,110 to £219,070 | Brain damage causes a moderate to severe deficit in intellect. Other effects include a personality change and a clear risk of epilepsy. | |
| Bladder | Cases Involving Double Incontinence | Up to £184,200 | Double incontinence, namely a complete less of urinary control and function, coupled with totally removed natural bowel function. |
| Serious Impairment Of Control | £63,980 to £79,930 | Control is significantly impaired and coupled with pain and incontinence. | |
| Bowels | Total Loss Of Natural Function | Up to £150,110 | Natural function is totally lost. There may be a dependence on colostomy, depending on the affected person's age. |
| Kidney | Significant Risk Of Future Infection | Up to £63,980 | There is a risk of future urinary tract infection or the total loss of natural kidney function. |
| Lung Disease | Breathing Difficulties | £31,310 to £54,830 | Trouble breathing, with frequent inhaler use needed. The affected person has an uncertain prognosis but a probably affected social and working life. |
| Spleen | Loss Of Spleen | £20,800 to £26,290 | After the spleen is removed, immune system damage means an ongoing risk of internal infection and disorders. |
| Digestive System | Serious But Short-Lived | £9,540 to £19,200 | Illness with effects including diarrhoea and vomiting that diminishes over two to four weeks but causes bowel discomfort and disturbance, among other effects, that last a few years. |
Examples Of Special Damages
The effects of pharmacist negligence might not only be physical or psychological. A settlement may also feature special damages, which compensate for financial losses directly caused by negligent care.
You could see compensation paid for the likes of:
- A loss of earnings if illness or injury leaves you unable to work.
- Medical costs.
- Travel expenses.
- Prescription fees.
- Domestic care bills.
We advise gathering any evidence that proves these expenses, such as payslips or bank statements.
If you have any questions about claiming compensation for a negligent pharmacy error, and what could be included in your settlement, you can get in touch with our advisors any time.
Get Help From A Pharmacist Negligence No Win No Fee Solicitor
Whether you were affected by incorrect medication, getting the wrong dosage or adverse drug reactions, you could make a compensation claim if it happened because of pharmacist negligence. A trained medical negligence solicitor could help you with that claim.
A quick phone call to our medical negligence claims team could see you have your case assessed within minutes. If you have a valid pharmacy negligence claim, you could be appointed a specialist medical negligence solicitor. All our solicitors work on a No Win No Fee basis for every client they represent.
They provide their work under a Conditional Fee Agreement, which is a type of No Win No Fee contract which offers advantages such as no immediate costs for the solicitor’s work and no solicitor fees during the claim. If the case loses, you will not pay for the services your solicitor provided.
They will only take a success fee if your pharmacy claim wins. A legal cap put in place by The Conditional Fee Agreements Order 2013 means only a small percentage of your compensation can go their way.
Start Your Claim For Pharmacist Negligence
Whether you want to ask about starting a pharmacy negligence claim, or simply have questions about medical negligence compensation, our advisors are here to help. You could have your claim assessed to see if you can be put through to one of our expert solicitors.
There is no obligation, so even if you have a valid case, you don’t have to make a pharmacist negligence claim unless you want to. Find out if a medical negligence lawyer could represent you in your prescription error claim.
All you need to do is choose any of these options. We’re available 24/7 and look forward to hearing from you.
- Call 0800 073 8801.
- Contact us online with our web form.
- Click the live support button and send a message.
Further Medical Negligence Claim Resources
If you want to know more about medical negligence claims, here are some more guides from our collection.
- Information on making a wrong medication claim against a healthcare professional such as a doctor.
- How to claim if a care home medication error leads to avoidable harm.
- Guidance on making a claim against a hospital for medical negligence.
Also, these resources could be helpful:
- The General Pharmaceutical Council explains how to report a concern about a pharmacist.
- NHS guidance on when to call 999 for a medical emergency.
- Government information on claiming Statutory Sick Pay for missing work through illness or injury.
Thank you for reading through our guide. You can get further information about claiming for pharmacist negligence by calling us or getting in touch online today.