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Advice On Dispensing Errors In Pharmacy Claims
Learn who could make dispensing errors in a pharmacy claims.
£85 million in compensation
Advice On Dispensing Errors In Pharmacy Claims
Learn who could make dispensing errors in a pharmacy claims.
How Much Compensation For Dispensing Errors In Pharmacy Claims?
When we seek medical treatment, we expect to be in safe hands. However, sometimes, dispensing errors happen, unfortunately. If you’ve been given the wrong prescription or have received faulty instructions with your medication, the outcome can be shocking and serious. At JF Law, our solicitors are experts in dispensing errors in pharmacy claims, and they could potentially help you claim compensation today.
Key Takeaways
- Pharmacists must always dispense the correct medication, in the right dosage, to the correct patient.
- If a pharmacy does not adhere to the correct standards of care, they could be liable for any harm that is caused from this.
- Wrong medication compensation can cover the physical, financial, and psychological impacts of your harm.
- The medical negligence claims time limit is typically 3 years.
- All of our specialist dispensing error claims solicitors work on a No Win No Fee basis.
To learn more about dispensing errors in pharmacy claims, please either continue reading or contact us today. We can chat to you about your circumstances and confirm whether you’re entitled to compensation:
- Call 0151 375 9916
- Fill out the form on our ‘contact us’ page
What Are Dispensing Errors In Pharmacy Claims?
Dispensing error in a pharmacy claims are when someone issues legal proceedings for compensation after suffering harm that should’ve been prevented (avoidable harm) from a dispensing error.
A dispensing error is when the medicine that a pharmacy delivers to a patient is different to their prescription, and therefore incorrect.
There are multiple ways in which dispensing errors could potentially occur in a pharmacy and lead to avoidable harm:
- Mislabelling – For example, your medicine was incorrectly labelled and mixed up with another patient’s. The medication you were subsequently given (that was meant for another patient) contained an allergen. From the allergic reaction, you suffered brain damage and organ failure.
- Wrong dosage – For example, you received the correct medication, but the dosage was too high. This led to an accidental overdose, and you were in the hospital for numerous weeks due to the toxicosis.
- Faulty instructions – For example, the pharmacist failed to tell you about important instructions when taking the medication. You therefore didn’t take food with your medication when you should have because this wasn’t communicated to you. This led to serious side effects, such as severe stomach irritation.
- Expiry – For example, the pharmacy failed to check whether your medication was in date, and ended up giving you an out-of-date prescription. The medication itself was consequently ineffective, and your condition got worse as a result.
Taking the wrong medication can have serious effects and can even be life-threatening in some cases. If a pharmacy has given you the wrong medication, please have a chat with us today to see whether you can claim compensation.
Can I Claim If The Pharmacy Gave Me The Wrong Prescription?
You can make a medical negligence claim after the pharmacy gave you the incorrect medication if you can show that you meet these eligibility criteria:
- A pharmacy owed you a duty of care.
- This duty of care was breached.
- You suffered avoidable harm due to this breach.
All medical professionals, including those who work in a pharmacy, owe a duty of care to all patients. This means that they must always provide the correct and expected standards of care. If they fail to do this, this is a breach of their duty.
The General Pharmaceutical Council (GPC) sets the standards that pharmacists are required to adhere to in order to ensure patient safety and that the care they deliver is adequate, particularly when it comes to dispensing medication.
Find out for free today whether you have an eligible medication error claim by contacting us.
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How Much Compensation Could I Get For A Pharmacy Dispensing Error?
The amount of compensation you could get for a dispensing error in a pharmacy depends on the extent of your damages. These damages are categorised into two heads of claim:
- General damages – the physical and mental impacts of your avoidable harm.
- Special damages – the financial impacts of your avoidable harm.
Some factors that need to be considered when your general damages are being valued include:
- The pain of your avoidable harm.
- How your quality of life has lowered (this is called ‘loss of amenity’).
- What treatment you need.
- Whether a full recovery can be made, and if so, how long this is expected to take.
Your general damages are valued with reference to your medical records and the Judicial College Guidelines (JCG). The JCG is a document that suggests compensation figures for different types of harm.
In the table below, you can see some of these guideline compensation figures from the JCG for different types of harm that could potentially result from taking the wrong medication. Please note, though, that none of these figures can be guaranteed, as all dispensing errors in a pharmacy claim are unique. The top figure also isn’t from the JCG:
| Harm | Severity | Guideline compensation figures | Notes |
|---|---|---|---|
| Multiple types of harm of a serious nature + special damages | Serious | Up to £1,000,000+ | Compensation for multiple types of harm of a serious nature + associated costs, such as prescription costs. |
| Brain damage | Very severe (a) | £344,150 to £493,000 | Includes cases such as ‘locked-in’ syndrome that leads to a substantially lower life expectancy. |
| Less severe (d) | £18,700 to £52,550 | There will be persisting problems with memory and concentration, but a good recovery will be made and the person will return to a normal social and work life. | |
| Kidney | Serious and permanent damage, or loss (a) | £206,730 to £256,780 | Where both kidneys are affected. |
| Loss of one kidney (c) | £37,550 to £54,760 | Where the remaining kidney is unaffected. | |
| Bladder | Double incontinence (a) | Up to £224,790 | Loss of control to both the bladder and bowel, with other medical complications. |
| Seriously impaired control (c) | £78,080 to £97,540 | With some incontinence and pain. | |
| Digestive system – non-traumatic injury | Severe toxicosis (b)(i) | £46,900 to £64,070 | Where hospital admission for a few days/weeks is required. |
| Allergic reaction (b)(iii) | £4,820 to £11,640 | With significant discomfort, fatigue, and stomach cramps. Symptoms will last a few weeks and a full recovery will be made within 1-2 years. |
Special damages
Your special damages have the potential to make up a large sum of your medical negligence compensation. This is because this head of claim covers both the past and future financial losses that result from your avoidable harm.
Some examples of the financial losses that can be reimbursed include:
- Loss of earnings, including missed pension contributions and bonuses, if you require time off work.
- Medical bills, such as paying for new prescriptions.
- Costs for domestic and professional care.
In order to prove your special damages, please keep hold of all invoices, bank statements, payslips, and receipts.
For a more specific calculation of how much your dispensing error claim could be worth, please chat to us today.
What Can I Do To Avoid Harm From Dispensing Errors In A Pharmacy?
While pharmacists do owe you a duty of care, there are some steps that you can also take to reduce the risk of sustaining harm from a dispensing error. These steps include:
- Read the label and packaging before taking the medication.
- Double-check that the dosage is correct.
- When necessary, have regular medical reviews with your doctor.
- Hand your prescription back to the pharmacy if something doesn’t look right.
That being said, even if you didn’t take these steps, you can still be eligible to begin the dispensing error in a pharmacy claims process for compensation if medical negligence occurred.
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How To Make A Claim For A Pharmacy Dispensing Error
To make a claim for a pharmacy dispensing error, you should contact us at a time that is best for you. Our team can guide you through the claims process from there if your case is eligible.
You must also provide evidence that your pharmacist breached their duty of care and caused you avoidable harm.
Some types of evidence that can prove this include:
- The label of the medication you were given.
- A copy of your medical records and notes, including your original prescription.
- Scan and test results that can show what harm you’ve suffered since the medication error.
- Contact details from anyone who can be a witness, such as the GP who sent the correct prescription to the pharmacy.
- Photographs of the incorrect medication you were given.
- Photographs of the visible effects of your avoidable harm, such as any rashes, etc.
- A personal diary where you’ve recorded your symptoms and treatment.
Collecting all of this evidence is something that our solicitors can help with. So, while they gather your evidence on your behalf, you can focus on your recovery.
You must also ensure that you’re within the time limit before making a pharmacy dispensing error claim.
What Is The Time Limit To Make A Medical Negligence Claim?
The medical negligence claim time limit is 3 years, as per the Limitation Act 1980. This time limit commences from the date you suffered medical negligence or the date you first reasonably realised that medical negligence took place.
In some cases, though, this time limit is paused, as some claimants are unable to make their own claim. These claimants are those who:
- Don’t have their full mental capacity.
- Are under the age of 18.
These claimants are unable to claim on their own until they either:
- Recover their full mental capacity (if they ever do). The 3-year time limit will commence from the date of their recovery instead.
- Turn 18. The 3-year time limit will commence from their 18th birthday instead.
While the claimant is unable to make their own claim, a litigation friend may be able to step in to make a claim for them. Litigation friends are court-appointed individuals who act in the claimant’s best interests. Loved ones of the claimant, such as parents, can apply to become a litigation friend.
For more information on the medical negligence claims time limits, or on how to make a claim for a loved one, call us today.
No Win No Fee Claims For Dispensing Errors
Our medical negligence solicitors can take on dispensing error in a pharmacy claims on a No Win No Fee basis. Specifically, through a Conditional Fee Agreement (CFA).
With a CFA, you pay:
- Nothing at all for your solicitor’s fees before, or during, the claims process.
- Nothing at all for your solicitor’s fees if your claim is unsuccessful.
If your claim is successful, your solicitor will just keep a small percentage of your compensation (this is the ‘success fee’). This percentage is always legally capped and discussed before the claims process begins, so nothing is hidden from you.
On top of offering their services on a No Win No Fee basis, our solicitors can also:
- Help you gather supporting evidence.
- Ensure your claim is filed within the time limit.
- Help guide you through every step of the claims process.
- Negotiate a compensation settlement on your behalf.
- Communicate with the defending party.
Contact JF Law’s Solicitors
Contact us today to see whether you can be connected with one of our dispensing errors claim solicitors on a No Win No Fee basis. It’s absolutely free to chat to us and confirm your claim eligibility:
- Call 0151 375 9916
- Fill out the form on our ‘contact us’ page
Learn More
Explore some more of our other guides here:
- How to make a misdiagnosis claim.
- How to make a birth injury claim.
- Learn about pressure sores claims.
These other pages might also be useful for you:
- General Medical Council (GMC) – a report on the prevalence of prescription errors.
- NHS – get help with newly prescribed medicines.
- Care Quality Commission (CQC) – how to make a complaint against a pharmacy.
Thank you for reading this dispensing error in a pharmacy claims guide. Our team works 24/7, so they can answer any of your claim enquiries at any time.
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