If you have a prescription issued by the doctor and you want to get it filled, you may choose a Morrisons Pharmacy, perhaps because you could get some shopping at the same time. But what happens if you are given the wrong medication by Morrisons Pharmacy that is not for you, has been dispensed in the wrong dosage, or you’ve been given the wrong instructions regarding how to take your medication?
A pharmacy prescription error could cause harm to your health. If it does, and this harm has been caused due to pharmacy negligence, you could be entitled to claim compensation for the illness/injuries you’ve sustained as a result of that negligence. You could also claim for expenses related to the harm you’ve suffered.
In the guide below, we answer some pressing questions you may have about pharmacy prescription mistakes. We offer useful advice on where to report pharmacy errors and offer advice and support if you are considering making a claim for compensation. We hope you find the information we’ve provided useful, but if you’d prefer to get advice tailored to your own circumstances, or would like help with finding a medical negligence lawyer to help you claim, then why not call our helpline on 0800 652 3087 for further assistance?
Choose A Topic
- A Guide On Claims For Prescription Errors By A Morrisons Pharmacy
- What Are Pharmacy Errors?
- Common Types Of Prescription Errors
- Side Effects Which May Be Caused By Prescription Errors
- How Much Time Do You Have To Claim Against A Pharmacy?
- What Can I Claim? – Calculating Claims For Wrong Medication Negligence
- No Win No Fee Prescription Errors Compensation Claims
- How Could Medical Negligence Assist Help Me?
- Start Your Pharmacy Error Compensation Claim
- Reference Information
Have you suffered undertreatment of a medical condition because a pharmacy dispensed too small a dosage of medication to you? Or, have you suffered symptoms of an overdose, an allergic reaction, or a drug interaction from being dispensed the wrong medication? Whatever type of pharmacy wrong medication negligence you’ve suffered harm from, this guide could shed some light on whether you could launch a claim for compensation.
Below, we take a look at the definition of a pharmacy error, as well as providing some actionable advice on how to go about making a claim, what kind of compensation you could be entitled to, and how we could help you begin your claim for a Morrisons Pharmacy prescription error.
Any act of negligence at a Morrisons Pharmacy that results in you being harmed by receiving the wrong medication, the wrong dosage of medication, out-of-date or damaged medications or the wrong instructions as to how to take your medication could result in a claim for pharmacy wrong medication negligence.
Morrisons’ pharmacists have a duty of care towards patients using their services. They should provide services that adhere to the General Pharmaceutical Council’s Standards for Pharmacy Professionals. If they do not, and you are harmed because of their negligence, you could claim compensation, not only for the harm that the pharmacy error has caused you but also for any financial implications this has had on you.
Where Do I Report A Pharmacy Mistake?
If you have been the victim of Morrisons Pharmacy prescription error, you might wish to report it to the pharmacy itself. The pharmacy could then be required to report the mistake to the National Reporting and Learning Service. You could also report the pharmacy mistake to the NHS, if it arose from an NHS prescription, or to the General Pharmaceutical Council. We would also advise you to seek legal advice regarding the Morrisons Pharmacy wrong medication negligence you’d suffered harm from, to see if you could claim compensation.
Can I Sue A Pharmacy For The Wrong Medication?
Not all wrong medication cases are due to pharmacy negligence. You might have suffered avoidable harm from being prescribed the wrong medication from your GP or a hospital doctor. If you have, and you are eligible to claim, you would not be claiming against the pharmacy, but against the clinician that had prescribed the wrong medication.
You may have suffered harm from pharmacy wrong medication negligence because of a number of reasons. These could include:
Your pharmacist should ensure that the supply chain for medication is robust. If they supply you the wrong medication and then it takes time for your medication to be corrected, this could cause a delay in treatment, which could mean your condition worsens.
Interactions Between Different Medications
What if a pharmacy gives the wrong medication and it interacts with other medication? If you receive the wrong medication and it interacts adversely with other items on the same prescription, or with other medications you are taking, this could lead to you suffering drug interaction symptoms. These could range from minor reactions such as stomach cramps and headaches to severe reactions which could include breathing difficulties and palpitations, for example.
Adverse Allergic Reactions
Some people are allergic to certain medications and this information regarding their allergies would usually be on their medical records, prompting doctors to forgo prescribing such medicines. However, if a pharmacy prescription error leads to you being given medication you are allergic to, you could suffer a reaction.
Dosage Errors By Pharmacists
It is vital that the right dosage is dispensed to you to ensure it is effective for the condition. Underdosing or overdosing on medication could cause harm to a patient’s health. If you have suffered harm because you were given the wrong dosage of medication, you could be entitled to claim compensation.
Pharmacy Gave Me Someone Else’s Medication
Care should be taken when dispensing medication to patients, to ensure they get the medication they were prescribed. If you are given someone else’s prescription, this could lead to you taking medication at too high or low a dosage for your needs, or it could lead to you taking the wrong medication entirely.
Pharmacy Gave Me The Wrong Medication
Whether due to a mislabelling problem or dispensing error, if you were given medication that is not on your prescription, you could suffer harm from this. A pharmacist has a duty of care to ensure the administration and dispensing of medicines is done in a safe, effective way. If they fail, and you are given the wrong medication, you could claim for any harm you’ve suffered from pharmacy wrong medication negligence.
A pharmacy prescription error could cause different detrimental effects on a patient’s health. Some of these could include:
Allergic reactions – A pharmacy prescription error could cause an allergic reaction in a patient. Usually, when patients have known allergies, the doctor prescribing their medication would avoid prescribing medicines containing ingredients that the patient is known to be allergic to. However, if Morrisons Pharmacy wrong medication error leads to a patient receiving medications with ingredients they are allergic to in them, they could suffer an allergic reaction.
Drug interaction – Sometimes, drugs interact with other drugs, and if there are contraindications between certain drugs, doctors should avoid prescribing them together. However, if a Morrisons Pharmacy prescription error leads to a patient receiving two or more drugs that interact adversely, this could detrimentally affect their health.
Adverse Drug Reaction (ADR) – If a patient is given medication that they do not need and have not been prescribed, instead of the medication they were prescribed, they could suffer a reaction to such medication. This could be referred to as an ADR, or adverse drug reaction. Symptoms could range from dizziness and headaches to severe anaphylaxis, for example.
Overdose – One of the worst mistakes a pharmacist could make could relate to cases where a medication error leads to an overdose. When a patient takes medication not intended for them or at too high a dosage, the results could be symptoms such as rashes, headaches, dizziness and palpitations, for example, but an overdose could also cause issues with breathing, and could lead to unconsciousness and in severe cases, death.
Underdose – If you are given the wrong medication because of a pharmacy prescription error, or you are given too low a dosage, it may not work to treat what is wrong with you. This could lead your condition deteriorating. In some cases, this may lead to a poorer prognosis, whereas in other cases, it could lead you to require more invasive treatment, or it could make your recovery longer.
When it comes to such claims, it may be worth noting that, like the usual personal injury claims time limit, medical negligence claims may be time-barred after three years. However, the date the limitation period begins is not necessarily the date you were given the wrong medication. The three-year period would usually be taken from the date it was discovered that you had suffered avoidable harm because of the negligence of someone else.
If you are getting close to the end of the limitation period for your Morrisons Pharmacy wrong medication negligence claim, but have not yet reached it, your lawyer may suggest you launch protective proceedings. This means your lawyer would issue court proceedings within the time limit to effectively give them some time to collect vital evidence, or thoroughly investigate your medical negligence claim. It could also provide some time in which your lawyer could negotiate an out of court settlement for you.
There are some exceptions to the time limit for claims such as these. If you are claiming on behalf of a child, for example, you could have until their eighteenth birthday to launch your claim, just as you could with a personal injury claim. There are also other exceptions that could relate to an adult making a claim for something that happened when they were a child, or someone who lacked the mental or physical capability to claim at the time of the incident. If you are at all unsure about what time limitation could apply to your claim, take a look at the table below. If you are at all unsure about how long you could have to claim for a pharmacy prescription error, please do not hesitate to get in touch.
|Situation||Time Limitation for Claiming|
|Injured party was immediately aware negligence had caused them to suffer avoidable harm||3 years, beginning from the incident date.|
|Injured party was aware days/weeks/months/years later that negligence had caused them to suffer avoidable harm.||3 years beginning from the date they were made aware.|
|Parents/Litigation friends claiming on behalf of an injured party under the age of 18||Dates up to an injured party’s 18th birthday|
|Adult claiming for negligence as a child that caused avoidable harm.||18th - 21st birthday|
General damages are designed to compensate claimants for the suffering, pain and loss of amenity associated with their injuries. These are calculated based on a review of the medical evidence supporting your claim. An independent medical expert would review your notes, examine you, and write a report detailing your medical condition and prognosis. This is what could be used to calculate how much your claim could be worth.
No two cases are considered the same, as all are unique, and your case would be assessed on its own merits. This is why it could be tricky to get an idea of how much your claim could be worth from a medical negligence calculator, which is similar in nature to a personal injury claims calculator. However, we can shed some light on the guideline payout amounts for certain injuries, based on the publication “The Judicial College Guidelines”, which is updated annually with valuation brackets for specific injuries.
In the table below, you can see the Judicial College Guidelines for injuries that we believe could be associated with this type of claim. If your injury is not included, please do feel free to call our team and we could look into this for you.
|Injury||Further detail||Guideline Compensation|
|Cases of Toxicosis (Severe)||Injured parties might need to stay in hospital for weeks in some cases. Serious pain could feature, as well as symptoms such as diarrhoea, fever and vomiting. These cases could lead to long term bowel issues such as IBS. The injured party could have their ability to work affected.||Up to £49,270|
|Serious poisoning (Short-lived)||Cases within this bracket could include those who have suffered symptoms of continuing vomiting, pain and diarrhoea for between 2-4 weeks. Enjoyment of food, sex life and bowel function could be affected for between one and two years.||Up to £18,020|
|Less severe cases of poisoning||Injured parties whose cases fall into this bracket could experience symptoms including fatigue, serious discomfort, bowel function alteration, and cramps. They might need hospital admission short term, but should recover completely within 1-2 years.||Up to £8,950|
|Poisoning||Injured parties whose cases are assessed to be in this bracket could experience some days/weeks of vomiting/diarrhoea and cramps.||Up to £3,710|
|Kidney injuries||Leading to natural loss of function or significant chance of developing UTI. High medical costs to treat this type of case result in high guideline payouts.||Up to £60,050|
|Bowel injuries||Injuries causing functional impairment that would affect injured parties’ food intake and ability to work.||Up to £65,440|
Your compensation payout might also include special damages, which are designed to compensate you for losses and expenses that arise directly because of your injuries.
Special damages could include costs and losses such as:
Medical expenses – If you’ve had to pay for counselling services, physiotherapy, or even prescription costs because you’d suffered harm from a Morrisons Pharmacy prescription error, these could be included within your claim.
Care costs – If you’ve had to have someone help you with day-to-day tasks such as dressing/eating/washing for example, these care costs could also be included.
Loss of earnings – If you’ve had to miss work because you were recovering from your injuries, or you’re unable to attend work in the future, both actual and future loss of income could be included within your medical negligence claim.
Travel costs – Whether you have had to pay for hospital parking, for petrol to get you to medical appointments or appointments with your lawyer, these costs could be claimed for as special damages.
We should advise, however, that only costs that could be proved could be included within your special damages. It is therefore vital that you try and retain proof of costs or losses that you’ve experienced, in the way of payslips, bills, receipts and bank statements, to ensure you could claim for them.
Paying upfront for legal services is not something you would need to do if you chose to work with a No Win No Fee medical negligence solicitor. A lawyer from our panel who works on this basis would not expect you to pay them upfront, or during your case’s progression.
Instead, you would sign a Conditional Fee Agreement; a document that promises to pay your lawyer a small success fee (a percentage of your compensation) if they successfully negotiate a settlement for you. This percentage is legally capped, so you need not worry that most of your compensation would be taken in legal fees. If your lawyer didn’t manage to get you a compensation a settlement for the harm you’d suffered due to pharmacy wrong medication negligence, but your claim was a valid one, you would not be expected to pay them this fee.
We understand you might have questions about this process, and we would be happy to answer them. Simply call our team for more information.
Here at Medical Negligence Assist, we pride ourselves on being able to offer services to a variety of claimants seeking help with a wide range of cases. We could offer you advice on seeking compensation for your injuries, and we could even check your eligibility for making a claim. If we think your claim could result in compensation, we could also connect you to a medical negligence lawyer who could help build a case against the liable party on your behalf.
We have experience in helping claimants get the compensation they deserve for their injuries and the costs associated with those injuries. We are committed to ensuring that claimants are fully informed about their options and we work hard to ensure that we explain any legal terms without using jargon. Our advisors have a firm commitment to high quality services. Why not let us help you with your Morrisons Pharmacy prescription error claim?
Do you now feel ready to begin a claim for pharmacy wrong medication negligence, or do you have further questions? Whatever your situation; whether you’re looking to check your eligibility for making a prescription error claim or you’d like to know more about possible compensation payouts, we’ll be happy to assist you. You can reach us by telephone on 0800 652 3087, or through the live chat feature or contact form here on the website. With no fees for advice and no obligation to use our services, why not call us today to find out more about making a claim?
Expired Medication – The NHS have provided some information on what you should do with out of date medication.
Medication Errors – Improving Reporting – This document gives some information on improving the reporting of medication errors.
Check Your Pharmacy Inspection Results – On this page, you can search for a pharmacy and look at their inspection reports.
Misdiagnosis Claims – Sometimes, you could receive the wrong prescription because you have been misdiagnosed. These cases are discussed here.
How Much Compensation? – We offer some information regarding payout calculations for clinical negligence.
Timescales For Claims – We take a look at how long it could take for you to complete a medical negligence claim for compensation.
Written by Jo
Edited by Lism.