This guide aims to answer the question, ‘Can I make a medical negligence claim if a pharmacy gave me the wrong dosage?’. All medical professionals, including pharmacists, owe their patients a duty of care. If this duty is breached, it could cause you to suffer harm.
Within this guide, we will explain the eligibility criteria that must be met in order to have a valid medical negligence claim. Additionally, we will discuss the time limits you must adhere to, as well as the evidence that could be used to support a wrong medication dosage claim. Furthermore, we will share how medical negligence compensation is calculated and how one of our solicitors could represent you on a No Win No Fee basis.
To receive free advice for your potential claim, you can contact our advisory team. They are available to help you 7 days a week. To speak with them today:
Select A Section
- Could I Claim If A Pharmacy Gave Me The Wrong Dosage?
- Causes Of Wrong Dosage Errors
- What Evidence Could Help Me Prove Negligence By A Pharmacy?
- What Could I Claim If A Pharmacy Gave Me The Wrong Dosage?
- Can A No Win No Fee Clinical Negligence Solicitor Help Me?
- Further Guidance On Medical Negligence Claims Against A Pharmacy
Pharmacists are classed as medical professionals and therefore owe a duty of care to their patients. Per this duty, they must ensure that they provide the correct standard of care. Part of this duty includes ensuring that patients receive the correct medication and dosage. If they were to breach this duty of care, it could result in you receiving the incorrect dosage of your medication.
If you are wondering, ‘Could I make a claim if a pharmacy gave me the wrong dosage?’, you will need to ensure that you meet the medical negligence claiming criteria. This is:
- Duty of care – You must be able to prove you were owed this. If a pharmacist dispensed your medication, then they owed you this duty.
- Breach of duty – This is when the duty is not upheld. For instance, if there was a dispensing error and you were provided with the wrong dosage.
- Harm caused – You need to have been harmed as a result of a breach of a pharmacist’s duty of care.
A breach of a medical professional’s duty of care that leads to harm forms the basis of medical negligence.
When pursuing a medical negligence claim for a wrong dosage error, you must also ensure that you adhere to the relevant time limit.
The Limitation Act 1980 states that you have 3 years to begin a claim. This runs from the date of the incident or the date you first reasonably associated the harm with the mistake made by the pharmacist, otherwise known as the date of knowledge. Certain exceptions may apply to this limitation period.
To learn whether you could make a medical negligence claim because a pharmacy gave you the wrong dosage and to see if you are within the time limit contact our advisors for free today.
There are various potential ways that a pharmacy could dispense the wrong dosage of medication to you. However, you must remember, that in order to have a valid medical negligence claim the pharmacist must have breached their duty of care, and as a result of this, you must have suffered avoidable harm.
Some examples of how a wrong dosage error could occur in a pharmacy include:
- The pharmacist makes an error when writing up the label for your prescription – this causes you to take double the dose of medication. You are admitted to the hospital with a medication overdose.
- The pharmacist mixes an adult dose by mistake when the patient is a child, this has a very severe impact on the child’s digestive system.
- A pharmacist verbally gives you negligent advice on how much of your medication you should take at a time, e.g. informing you to take two tablets 4 times a day, when you are only supposed to take one. This affects your bowel function.
If a pharmacy gives you the wrong dosage, you could be harmed whether the dosage is too low or too high. For example, if you are on blood thinning medication and receive too low of a dosage from your pharmacist, despite your prescription form stating the correct dosage, this could increase your risk of suffering a blood clot.
Contact our advisors today if you are asking yourself can I make a claim if a pharmacy gave me the wrong dosage of my medication?
When making a medical negligence claim against a pharmacy for giving you the wrong prescription dosage, you will need to gather evidence to support your case. This must prove that you suffered avoidable or unnecessary harm due to the pharmacy breaching their duty of care. Some examples of evidence you could gather include:
- A copy of your prescription form, stating the dosage you were meant to receive.
- A copy of your medical records, stating any medication you take, and any diagnosis you have received following the dosage error.
- A diary detailing any symptoms you have experienced whilst taking the medication.
- Any correspondence with the pharmacy regarding the incident.
For further examples of the evidence that could be used to help support your case, you can contact our advisory team. They may also connect you with a solicitor, who could help you with making a medical negligence claim.
How much you could receive in compensation for a successful medical negligence claim for a pharmacy that gave you the wrong dosage would depend on your specific circumstances. Every medical negligence claim is unique, compensation is awarded on a case-by-case basis. Therefore, it may be more beneficial to you to learn how compensation is valued for successful cases.
The harm you have experienced due to a pharmacist breaching their duty of care will be compensated under general damages for a successful medical negligence claim.
When a solicitor or lawyer is calculating this head of loss in your claim, they might refer to the Judicial College Guidelines (JCG) alongside other documentation for guidance. Within the JCG is a list of compensation guidelines for various forms of harm. We have included some of the guidelines found in the 16th edition of the JCG in the table below.
Please only use this for guidance.
|Harmed caused to:
|(a) Very severe - At the upper end of this bracket, there may be some ability to obey commands of a basic nature. However, there will not be much of a response to the claimant's environment.
|£282,010 to £403,990
|(b) Moderately severe - Serious disability, with a substantial need to depend on others along with the need for constant medical assistance.
|£219,070 to £282,010
|(a) When both kidneys sustain serious damage or are totally lost.
|£169,400 to £210,400
|(b) When there is a considerable risk of an infection of the urinary tract in future. Or, totally loss of natural kidney function.
|Up to £63,980
|(c) No damage to one kidney, but the total loss of another.
|£30,770 to £44,880
|(a) Double incontinence is caused. Total loss of natural bowel function, as well urinary function.
|Up to £184,200
|(b) Dependence on colostomy due to total loss of natural function, (depending on age).
|Up to £150,110
|(b)(i) Severe toxicosis causing serious acute vomiting, pain, diarrhoea and fever. Admission to hospital for some days/weeks will be required.
|£38,430 to £52,500
|(b)(iv) Disabling pain of varying degrees, with diarrhoea and cramps lasting for a few days or weeks.
|£910 to £3,950
What Are Special Damages?
The second head of loss you could be awarded following a successful medical negligence claim is special damages. This reimburses you for the financial impacts you have experienced due to the medical negligence.
Some examples of what could be included in a special damages payment include:
- Loss of earnings.
- Medical costs.
- Care at home costs.
- Travel costs.
Get in touch today, and our advisors could value your claim for you. They can also answer any questions you may have that this guide might not have covered.
Our medical negligence solicitors offer their services on a No Win No Fee basis. By offering to work on your claim under the terms of a Conditional Fee Agreement, you will not have to pay your solicitor any fees upfront to access their legal services. You will also not need to pay them for their work while your claim is ongoing, or if it ends unsuccessfully.
They take a legally limited percentage from your compensation if your claim is a success. This is referred to as a success fee.
Speak To An Expert Now
Reach out to our advisors today if you are wondering, ‘ A pharmacy gave me the wrong dosage, could I make a claim with a No Win No Fee solicitor?’. They can offer you free advice about making a medical negligence claim. They could also potentially connect you with an experienced solicitor.
To speak with a member of our team today, you can:
More guides by us:
- An example case study on a £60,000 compensation payout for a prescription error, and when you could be eligible to make a claim.
- Information about the types of prescription errors you could pursue a claim for.
- Information about what to do if a pharmacy gives you the wrong medication and when you could make a claim.
Additional resources and information:
- NHS Resolution – Learning from medication errors.
- General Pharmaceutical Council – Standards for pharmacy professionals.
- General Medical Council – Patient guides and materials.
If you are still asking, ‘A pharmacy gave me the wrong dosage, could I make a medical negligence claim?’ you can contact our advisors.