This online guide is intended to educate people about the process of making a compensation claim if Superdrug Pharmacy dispensed the wrong medication through negligence. People who become the victim of such mistakes at a pharmacy, such as a prescription error, might have a valid case to make a medical negligence claim in certain circumstances. By reading this guide you will learn how these kinds of mistake come about, and the criteria for being eligible to make a claim for them.
Despite the fact that we have tried to provide all of the information you might need in this guide, you may have additional questions that are unique to your claim. If you do, we can still help you. Just contact our team on 0800 652 3087, and an advisor will answer your questions and provide any other advice you need.
Choose A Topic:
- A Guide On How To Make A Prescription Error Claim Against Superdrug Pharmacy
- What Is Pharmacy Wrong Medication Negligence?
- Frequent Types Of Errors By Pharmacists
- Prescription Medication Side Effects
- Is There A Time Limit To Make A Pharmacy Error Claim?
- What Compensation Could I Claim? – Prescription Error Calculator
- No Win No Fee Claims Against A Pharmacy
- How Medical Negligence Assist Could Help Victims Of Prescription Errors
- Start A Claim Against A Pharmacy
- Further Information
A Guide On How To Make A Prescription Error Claim Against Superdrug Pharmacy
If you have ever made a personal injury claim before, then much of this guide will likely be quite familiar to you, as the way a medical negligence solicitor will handle your claim if you have suffered due to a Superdrug Pharmacy prescription error, is similar to that of an injury claim. This guide aims at explaining how pharmacy errors could happen, and also why in some circumstances, you may be in a position to claim for any harm you have suffered due to one.
We start off with a general introduction to what pharmacy mistakes could be, and the criteria you will need to meet in order for your compensation claim to be potentially viable. In this part of the guide, we have included several sections, each of which goes into a little more detail about possible pharmaceutical mistakes. The last section of this part of the guide covers the impact that taking the wrong medication, or the wrong dose, can have on your health.
The last part of this guide is given over to financial and legal facts, that relate to the process of making a medical negligence claim. There is a time limit in place that you will need to begin your claim within, and we have provided a table that explains these time limits. A second table shows potential compensation ranges for different severities of illness. This table can help you to find out how much compensation you might be able to claim. Lastly, we introduce our service offering and also explain the basics of a No Win, No Fee claim.
If you need clarification on any of the facts in this guide, or simply wants some general free legal advice about making a clinical negligence claim, please do call our team on the phone number at the bottom of the page. One of our expert advisors will talk through your claim with you, inform you of what legal options you have, and if you wish, start arranging for a solicitor to process the claim for you.
What Is Pharmacy Wrong Medication Negligence?
Whenever you visit a pharmacy you should be able to expect your medication to be dispensed accurately, and any advice you are given to be correct. If a pharmacist or any of the staff being supervised by the pharmacist makes a negligent mistake, this could be construed as medical negligence. Every medical professional in the UK is expected to carry out their work while upholding their duty of care towards patients, to not do unnecessary harm to them. Part of a pharmacist’s job is taking responsibility for the pharmacy staff. For your claim to be potentially viable, the following three facts will need to be true:
- You were owed a duty of care by the pharmacist or pharmacy staff.
- A failure to meet this duty of care in the form of a pharmaceutical error took place.
- You suffered a negative effect on your health because of the mistake, that would otherwise not have manifested.
This is the simple test of eligibility to claim. Of course, there are many more factors affecting your eligibility to make a claim, but these are the three major ones. If you would like to have your claim evaluated, and find out if it is viable or not, please call our team and speak to an advisor today.
Frequent Types Of Errors By Pharmacists
There are, of course, different ways that a pharmacist dispensing error could potentially occur. However, there are a number of types of mistakes that could be made at a pharmacy which tend to be more common, with others simply being a variation on one of these. We have covered some of these potential mistakes in more details in the section below. If the mistake you became the victim of doesn’t fit into any of these sections, don’t worry, we can probably still help you. Call our team to learn more.
Harm Caused By A Pharmacy Delaying A Prescription
A delay in receiving critical medication can have catastrophic consequences for some patients. If such a delay is caused by the pharmacist or one of the pharmacy staff, ordering the wrong medication or the wrong quantity, for example, you may suffer unnecessary harm. The claimant will need to prove that it was medical negligence that was the cause of the delay in order to claim and you suffered a negative effect on your health because of the mistake, that would otherwise not have manifested.
Harm Caused By Dangerous Interactions Between Drugs
There are many known drug interactions between two or more types of medication. It is the job of your GP to ensure that they never prescribe you any medication that could conflict with another that they are prescribing, or type that you are already taking. If a pharmacist provides the wrong medication through negligence it could cause an adverse reaction with the medication you are already taking.
Harm Caused By An Allergic Reaction To A Medicine
Some people are known to be allergic to specific types of medication. Others can develop an allergy to a medication they have been prescribed, even if they have been taking this type of medication for a long time. A drug allergic reaction can range in severity from itching skin rashes, to death. A severe allergic reaction is known as anaphylaxis and can be fatal if the victim does not receive emergency treatment promptly. If you are given a type of medication that you are known to be allergic to, this could be seen as medical negligence, and a claim could be possible if you suffered a negative effect on your health because of the mistake.
Harm Caused By The Wrong Dose Of Medicine
It isn’t just taking the wrong medication that can cause a patient harm. Taking too much or too little of the right medication can also be harmful. For example:
- Taking too small of a dose means the illness the medication was prescribed for is not being treated effectively.
- Taking too large of a dose can lead to the patient suffering an overdose.
In each case, if it can be proven the pharmacy staff or the pharmacist was to blame for you taking the wrong dose of medication you could make a compensation claim for any harm you suffered.
Harm Caused By Being Given Someone Else’s Medicine
In modern times, many prescriptions are managed electronically, with the patient simply having to go and pick up a pre-made prescription. But of course, there is the risk that the wrong prescription is given to a patient. Some pharmacy’s handle hundreds of customers a day, making this kind of mistake a real danger. If this were to happen to you, you could be in a position to make a compensation claim for any harm you suffered.
Harm Caused By Being Given The Wrong Prescription
Taking entirely the wrong medication can have not only an adverse effect on your health due to taking the medication, but it also means that the medical condition will be going untreated. Complications could set in and it could become worse. Therefore, if you are given the wrong medication causing unnecessary harm, a solicitor might be able to help you make a medical negligence claim.
Prescription Medication Side Effects
If you become the victim of a pharmacy medication error, there are different effects that taking the wrong medication completely, taking the wrong dose of the right medication, or following the wrong instructions for taking your medication, can have on your health. For example:
- If you take entirely the wrong medication, your original health problem is not being addressed as it is not being effectively medicated.
- You could suffer some form of non-allergic reaction to the wrong medication. This can cause a very wide range of symptoms including suicidal thoughts, sleep disorders, damage to the kidneys or liver, or even death.
- An allergic reaction could occur, due to you taking the wrong medication. In extreme cases, this could result in anaphylaxis.
- If you take too much of a type of medication or take it too frequently, you might suffer an overdose.
However you have been harmed by a pharmaceutical error, if you can prove that the mistake was due to clinical negligence, you may well have a valid basis to make a compensation claim for the unnecessary harm you have suffered. You can call our team and speak to an advisor to learn more about making a claim
Is There A Time Limit To Make A Pharmacy Error Claim?
If you have ever had to make an accident or injury claim in the past, you will already know that there is a personal injury claims time limit to begin your claim within. The same is true for making a clinical negligence claim after the wrong medication was given by a pharmacy. In general, this time limit would be:
|Claimant’s Age||Time Limit Applicable|
|People over 18.||3-years from the date the negligence took place, or the date they are first diagnosed as suffering a health issue due to the negligence.|
|People under 18.||3-years from their 18th birthday. Or if a litigation friend is claiming on their behalf, until their 18th birthday.|
In some very rare circumstances, these time limits can be different or possibly be extended. You will need to speak to one of our advisors and explain your situation if you want to know exactly which time limit is going to apply in your own case.
What Compensation Could I Claim? – Prescription Error Calculator
Victims of an injury that wasn’t their fault, can use some type of personal injury claims calculator to get a rough estimate of the level of compensation they might receive if they make a personal injury claim. You can use the table below in a similar manner. It has been created based on the Judicial College Guidelines. You can look up the level of injury you suffered due to a pharmaceutical error, and then find out the range of compensation that could be possible to claim for.
|Illness||£860 to £3,710||In this band would be all minor illnesses with symptoms that could include chronic pain, diarrhoea, cramps of the stomach. Recovery would be within days or a few weeks at most.|
|Illness||£3,710 to £8,950||In this band would be all moderate illnesses with symptoms that would last a few weeks. Symptoms such as diarrhoea, stomach cramps, fatigue, nausea, etc. Hospital admission for some days with complete recovery within a year or two.|
|Illness||£8,950 to £18,020||In this band would be all serious yet short-lasting illnesses. The major symptoms would reduce over two to four weeks, but long-term symptoms could last years. This could include impaired bowel function, loss of enjoyment of food, lowered sex drive, etc.|
|Illness||£36,060 to £49,270||In this band would be all severe, illnesses with acute symptoms that require hospital treatment. Symptoms such as severe diarrhoea, stomach cramps, fever, etc. After initial hospitalisation, some continuing incontinence, haemorrhoids, and irritable bowel syndrome, symptoms lingering for possibly years.|
If you feel you would like a more accurate indication of just how much compensation you might receive if you make a claim, please speak to one of our advisors today. They can arrange for a medical negligence lawyer to value your claim for you, and let you know the level of compensation that may be appropriate to claim for.
Any successful medical negligence claim you make will result in you either receiving an out of court settlement offer, or a compensation settlement that has been decided upon and awarded to you in court. The overall settlement is intended to compensate you for any kind of applicable damages.
General damages are paid to the claimant to compensate them for physical harm and suffering they have been through. This includes psychological harm. The level of compensation you receive will depend on how much harm you suffered, and how long for. As well as additional considerations such as having to undergo traumatic medical treatment, or being left with a long-term or permanent impairment. General damages might include:
- A provision for loss of life quality due to long-term or permanent impairment or disability.
- To compensate for the claimant having to undergo invasive or traumatic medical treatment.
- Any psychological issues such as depression caused by being ill for an extended time.
- The general pain, suffering and stress caused by the symptoms of the illness and being ill.
Special damages are paid to the claimant to compensate them for financial losses and other forms of loss. If you intend to claim for costs you have already incurred due to your illness, you will need to submit documented proof of these costs. Special damages might include:
- The loss of work prospects and lowered earning potential. If the illness will leave the claimant with a reduced capacity for work.
- To make up for lost income, if the claimant took a period of time away from work for which they were not fully paid.
- As reimbursement for money spent on private medical fees for treatment that was not available on the National Health Service (NHS).
- To cover the cost of hiring in nursing care at home.
- For out of pocket expenses such as bus or train tickets, etc. that were incurred whilst getting treatment or dealing with the compensation claim.
If you want to know what kinds of damages might be applicable in your own case (and this has just been a short list, there are more kinds), please speak to our team. They will be able to give you an indication.
No Win No Fee Claims Against A Pharmacy
Using the services of a lawyer under a No Win, No Fee agreement, provides you with two major benefits. Firstly, you will be gaining access to an experienced medical negligence solicitor and the legal help you may need to make your claim. Secondly, many of the financial losses attached to making a claim have been minimised.
When you first engage a solicitor, they won’t ask for a claims fee. The solicitor also won’t ask you to pay any fees during the processing phase, even if this takes several months. And if the claim fails and no compensation is awarded to you, then your solicitor isn’t going to expect to be paid the fees they have accrued.
If you do win your claim though, the solicitor will expect that you pay a small success fee for services rendered. This can be deducted from the compensation payment they received for you.
How Medical Negligence Assist Could Help Victims Of Prescription Errors
If you have been harmed by being given the wrong medication, negligence could be the root cause, and we can help you claim for this in some circumstances. Our panel of solicitors has years of experience helping victims of medical negligence get the compensation that they are eligible for. Your lawyer will do everything they can to ensure your claim is a success and you win the most compensation possible.
Start A Claim Against A Pharmacy
Have you been the victim of a pharmaceutical error that caused your health to suffer? Do you think a medical negligence lawyer may be able to help you to get the compensation you are eligible for? If so, we can likely help you out. Please contact our team on 0800 652 3087. An expert advisor will evaluate your claim for you, and let you know how best to proceed.
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Written by Mac
Edited by Lis.