By Brett Williams. Last updated 4th August 2021. If you have experienced a prescription error, because your pharmacy dispensed the wrong medication, you could be entitled to claim compensation for any harm caused as a result. In this guide about what to do if your pharmacy gives you the wrong medication, we will explain the problems that prescription errors could cause and how to make pharmacy wrong medication claims.
If you have been made ill because your pharmacy has given you the wrong medication, trust Accident Claims UK to handle your personal injury claim. All our solicitors at Accident Claims UK are experienced, knowledgeable professional experts who have a great track record in successfully claiming compensation. To start your claim, call us today on 0800 073 8801 for your free personal injury consultation. If we can see that you have been harmed by the wrong medication, we could provide you with an excellent personal injury solicitor who could start working on your case right away. Call us today to begin your wrong medication compensation claim, we’re looking forward to hearing from you.
Select A Section
- A Guide To What To Do If A Pharmacy Gives The Wrong Medication
- What Is A Wrong Medication Claim?
- Types Of Prescription And Wrong Medication Errors
- Potential Effects Of Receiving The Wrong Medication
- Pharmacists Duty Of Care To Dispense The Right Medication
- Pharmacy Regulation And Standards
- What Steps Should I Take If I Think I Received The Wrong Medication?
- Wrong Medication Compensation Claims Calculator
- Special Damages, Costs And Expenses
- No Win No Fee Wrong Medication Claims Against A Pharmacy
- How Our Medical Negligence Team Could Help You
- Begin Your Wrong Medication Claim Against A Pharmacy
- Essential References
Whether we are suffering from a long term chronic condition or a short term illness, we trust our pharmacist to dispense the correct type and dosage of medicine that we need. If we are prescribed the wrong type of medication or the wrong dosage, a person could become ill as a result.
Essentially, claims for pharmacy errors may be possible your medication is prescribed, dispensed or administered incorrectly and causes you to suffer in some way. Pharmacy wrong medication claims could be based on mix-ups, dosage errors or being given a drug that you’re known to be allergic to.
In this guide on how to sue a pharmacy for prescribing incorrect medication, we will explain what a wrong medication error is. We will look at different types of wrong medication errors and explain what the consequences could be. We will also explain how to make a no win no fee wrong medication claim against a pharmacy for dispensing the incorrect medication and we have also included a personal injury claims calculator, so you can estimate how much compensation you could be paid in pharmacy wrong medication claims.
“What can I do if the pharmacy gives me the wrong medicine?”
When we visit our GP, we are often prescribed medication to treat a short term complaint, or a long term medical condition. The doctor has a duty of care to prescribe the patient the correct type and dosage of medicine to treat their condition. Similarly, the pharmacist must ensure that they follow the doctor’s instructions so as not to dispense the wrong type or amount of medication.
If you have been harmed because your pharmacy dispensed the wrong medication, you could be entitled to claim compensation for any illness or injuries caused. You may be wondering, “How do I sue a pharmacy?”. If you wish to make a claim because the pharmacy has given the wrong medication, you may opt to use a personal injury solicitor to advise you and represent your case. Accident Claims UK can provide you with an experienced accident claims solicitor to handle your prescription error claim. Call us today, to begin.
Prescription errors could happen if a doctor prescribes you the wrong medication or if a pharmacy fails to dispense the medication prescribed by the doctor. These could include:
- The pharmacy provides the patient with the wrong type of medication.
- The pharmacy provides the patient with the wrong dosage of medication.
- The pharmacy gives the wrong package to the wrong customer, potentially mixing up prescriptions for several patients.
- The pharmacist provides the patient with incorrect or misleading advice about their medication.
- A pharmacist issues medication that has expired.
Fortunately, some patients will notice that the medication is not correct if the packaging, labels or the pills themselves appear to be different, however, this may not always be the case and pharmacists should not rely on patients to spot their errors.
If a pharmacy gives the wrong medication, it can have serious consequences for the patient. If a pharmacy gives the patient a dosage of a medication that is too low, the dosage may be inadequate to treat the patient. Therefore, they may not get better from an acute illness, be able to manage the symptoms of a chronic illness or their medical condition may worsen over time. If a patient receives too large a dosage of medication, this can result in an overdose. In some circumstances, the patient may experience severe symptoms, such as damage to the kidney, or even death. If a patient is issued with the wrong type of medication, such as medication that is used to treat a different medical condition or illness to the one they have, they may experience side effects. In some instances, these side effects can be serious or life-threatening.
What are the responsibilities associated with being a pharmacist? Pharmacists are medical professionals, with a broad and deep knowledge of the medicines they dispense. As well as being qualified to dispense medicine effectively, pharmacists are also able to advise patients about minor illnesses, how to take the medicine they are prescribed (for example, what possible side effects to look for, how to take the medication) and answer questions the patient may have. Pharmacists are also responsible for ensuring that the medicine supplied to patients is of adequate quality, suitable for the individual patient and within the letter of the law.
Being a medical professional they have a duty of care towards those they treat. This means they must follow professional requirements and standards to ensure that their patient/customer is provided with the right standard of care. If the pharmacist acts negligently, or a pharmacy business acts negligently, the pharmacist or pharmacy business could be held liable for any injuries or illness caused. As a result, if your pharmacy gave you the wrong medication, you may have the right to make a medical negligence claim against them for any avoidable suffering.
Please call today if you’d like free advice on making pharmacy wrong medication claims.
Pharmacists and pharmacy technicians are regulated by the General Pharmaceutical Council. If you as a patient have concerns about a pharmacist or pharmacy technician working at a level that is substandard, you can report the person to the General Pharmaceutical Council, confidentially. This can include dispensing errors, you suspect that the pharmacist is working under the influence of drugs or alcohol, or has a health condition such as dementia, which is affecting their ability to do their job safely.
The General Pharmaceutical Council’s standards for pharmacy professionals are:
- Provide person-centred care to patients
- Work in partnership with others
- Communicate effectively with patients and colleagues
- Maintain, develop and use professional skills and knowledge
- Use professional judgement
- Behave in a manner that is professional
- Maintain the confidentiality and privacy of the patient
- Concerns must be noted
- Demonstrate leadership in their role.
At the time of writing, the General Pharmaceutical Council is also bringing out new standards for pharmacy professionals. You can view a video about these new standards, here.
Many patients may worry about what to do if a pharmacy gives them the wrong medication. If a pharmacy has dispensed the wrong medication to you, it is important to speak up right away.
- Speak to your doctor. Ask for a printout of the prescription they gave you and ask them to check for any spelling errors.
- If the packaging appears to be correct but you suspect that you have been given the wrong medication, because of the shape, size or colour of your medication, check with your pharmacist or doctor that a mistake has not been made.
- Keep your receipt or any other documentation you have, which proves where you got your medication from.
- If you believe you have taken the wrong medication, seek medical attention right away.
If you have been injured by the wrong medication, made ill, or had your medical condition worsened, you could be entitled to claim compensation for any harm caused. You may be wondering, “How do I sue a pharmacy?”. We always advise using a specialist personal injury solicitor for any compensation claim as they will have the knowledge as well as the experience needed for a medical negligence claim.
If your pharmacy gave you the wrong medication, Accident Claims UK can provide you with a capable personal injury lawyer to handle your case. Our solicitors work on a no win no fee basis and they will always try to help you receive the maximum amount of compensation that you could be entitled to claim. Call Accident Claims UK, or use our online claims form, to get in contact with us and talk about starting your claim today.
If your pharmacy dispensed the wrong medication, you may be able to claim compensation for any illness or injuries caused. If your medication negligence claim is successful, you will be awarded general damages and special damages. General damages are awarded for the pain, suffering and loss of amenity that a patient has experienced, as a result of being given the wrong medication. In most cases, general damages are a larger part of the compensation award. Special damages reimburse the injured person for any out of pocket expenses they have incurred as a result of their injuries, such as medical expenses or travel costs. They also reimburse the claimant for any financial losses caused by their injuries, such as loss of income.
You can use our personal injury claims calculator to estimate how much compensation you could be entitled to claim in general damages. The calculator does not include special damages. Alternatively, call Accident Claims UK for your free consultation and an advisor will be able to estimate how much compensation could be paid.
|Injury||Level of injury||Comments||Settlement (with 10% uplift)|
|Kidney damage||Level A||Compensation for the loss two kidneys or for the severe damagge to both kidneys.||£158,970 - £197,480|
|Kidney damage||Level B||At level (b) the patient may have a significant risk of losing the function of the kidney, or of future illness and complications.||Approximate maximum £60,050|
|Kidney damage||Level C||Kidney damage claims at this level (c) could include injuries where one kidney is lost, but where the other kidney is not harmed.||£28,880 - £42,110|
|Chest injury||Level A||In these instances the chest injury will include serious damage to the heart.||£94,470 - £140,870|
|Non traumatic injury||Level (i)||Level (i) non-traumatic injuries could present as severe toxicosis. Symptoms may present as diarrhoea, vomiting, fever and pain as well as other symptoms.||£36,060 - £49,270|
|Non traumatic injury||Level (ii)||Whilst the illness and symptoms may be short-lived, they are serious. Symptoms could affect bowel function and sexual function.||£8,950 - £18,020|
|Non traumatic injury||Level (iii)||Non-traumatic injuries/ illnesses which cause discomfort and which could require admission to a hospital. The illness could persist for several weeks.||£3,710 - £8,950|
|Non traumatic injury||(level iv)||Level (iv) non-traumatic injuries may lead to a patient suffering symptoms such as cramps in the stomach and pain as well as diarrhoea.||£860 - £3,710|
If you make a successful claim for being given the wrong medication by your pharmacist, you may be paid special damages. Special damages are the reimbursement of the costs and expenses you have endured as a result of your injuries. Here are some examples of special damages you may be able to claim:
- Medical expenses: This can include the cost of any medication or treatments that you have had to pay for or the cost of any medical treatment you may need in the future.
- At home care expenses: If a friend or relative looked after you whilst you were ill, you may be able to claim compensation on their behalf, to pay them for their time. If you are now in need of a professional carer, you can claim funds to pay for this.
- Home and car adaptation expenses: In the rare circumstances that you become disabled as a result of being given the wrong medication, you can claim compensation to pay for any home or car adaptations that you need.
- Mobility equipment expenses: If you have become disabled as a result of the harm caused you could claim compensation for mobility equipment.
- Loss of income: If you had to take time off work as a result of your injuries or illness, you could claim back any earnings or income you may have lost. You can also claim back the cost of any in-work benefits that you missed out on, as well.
To learn what else could be included in pharmacy wrong medication claim, please call our team today.
At Accident Claims UK, we give our clients the option to make a no win no fee claim for compensation. This means that you will not have to make an upfront fee when you make your claim. Instead, the solicitor will work on your claim and will charge you a “success fee” if they win your compensation claim, so there is less financial risk involved for you. The success fee will be deducted out of your compensation pay packet, making a no win no fee claim the more affordable option for many of our clients. Call us today for your free consultation and to learn more about making a no win no fee claim.
What can you do if the pharmacy gives you the wrong medicine? If the pharmacy has given you the wrong medicine in the UK and you have been made ill, injured or had your medical condition worsened as a result, you could be entitled to make a compensation claim. Accident Claims UK can provide you with a personal injury lawyer to handle your claim. Our solicitors may have as much as three decades of experience handling personal injury claims and will try to secure you the right amount of compensation for your case.
Call Accident Claims UK to see if you have legitimate grounds to claim compensation. If you have grounds to claim, we will provide you with a no win no fee solicitor who will start working on your wrong medication clinical negligence claim right away.
To begin your claim, call Accident Claims UK for your free consultation. Alternatively, use our online claims form to reach us. One of our well-informed advisors will speak to you in-depth and if they can see that you are owed compensation, one of our personal injury solicitors will start working on your claim right away.
Clinical & Medical Negligence Claims Guide – How To Claim Compensation – Information on making clinical or medical negligence claims.
Misdiagnosis Claims Guide – How Much Compensation Can I Claim? – Information on claiming compensation for a misdiagnosis of an injury or illness.
Medical Negligence Leading To Death Compensation Claim Amounts – The Complete Guide – Information on claiming compensation for fatal medical negligence.
£40,000 Medical Negligence Compensation Payout For Hip Replacement Injury Claim – Hop Replacement Case Study
A Guide To Standards For Pharmacy Professionals By The General Pharmaceutical Council – A reference guide from the General Pharmaceutical Council.
A Guide To Raising Concerns About A Pharmacist Or Pharmacy Technician By The General Pharmaceutical Council – Information on how to raise concerns about a pharmacist with the professional body.
Pharmacy wrong medication claims FAQs
Why could you make a compensation claim against a pharmacist?
If a pharmacist is negligent, and you suffer as a result, you may be entitled to compensation. Adverse reactions caused by dosage errors, being given somebody else’s prescription or being given the wrong drug entirely could entitle you to claim.
How long do you have to make pharmacy claims?
As with other forms of medical negligence, claims for pharmacy errors have a 3-year time limit. This will either start from the date of the error or from when your suffering was linked to it (the date of knowledge).
Can I sue a pharmacy technician?
Generally, the business that operates the pharmacy will be sued for any mistakes made by pharmacists or technicians that they employ. They will have public liability insurance in place to cover the cost of any such claim.
Thank you for visiting and reading about how to make pharmacy wrong medication claims. Please call today if you need our support or free legal advice.
Article by HC
Edited by MM.