Have you experienced avoidable harm due to a pharmacist breaching their duty of care? If so, medical or pharmacist negligence may have occurred. You might be wondering whether you could claim compensation. Our guide aims to explain when you may be eligible to start a medical negligence claim after receiving the wrong medication or prescription from a pharmacist. We have also included information on the relevant time limits.
Compensation in medical negligence cases can be awarded under two different heads of loss. One addresses the pain and suffering you experienced due to negligence by a pharmacist and one addresses the financial impact. While we cannot assign a guaranteed compensation amount to your potential case, we nevertheless explain how a potential compensation figure could be calculated.
To finish off our guide, we discuss the benefits you could enjoy when starting a claim under No Win No Fee terms with one of our experienced medical negligence solicitors.
We understand that the medical negligence claims process can seem complex. That is why our team of friendly and dedicated claims advisors are available all day every day to answer any questions you may have. They can also provide a free consultation concerning your eligibility to begin a pharmacy negligence claim. Contact the team today by:
- Calling us on 0800 652 3087.
- Completing our Claim Online form here.
- Using the live chat feature at the bottom of the page.
Browse This Guide
- How To Claim Compensation For Pharmacist Negligence
- When Can You Make A Pharmacy Negligence Claim?
- How Could Negligence By A Pharmacist Happen?
- What Could You Claim For Pharmacy Negligence?
- How To Claim For Pharmacist Negligence With A No Win No Fee Solicitor
- Further Guidance On Pharmacist Negligence Claims
How To Claim Compensation For Pharmacist Negligence
Following pharmacist negligence, there are a number of steps you can take if you’re looking to make a compensation claim. For example:
- Seek medical help. Receiving the wrong medication, dosage of medication or prescription can be dangerous, as well as not treating your medical condition, you could have an adverse reaction to the medication. In addition to being beneficial for your health, the medical records generated by this treatment can be used to show what harm was caused and the impact on you.
- Keep a diary during this treatment, making reference to any symptoms you experienced and treatments you received.
- As part of the claims process, you may also be sent for an independent medical assessment to determine what harm you experienced and how this affected you. The report produced can be used to support your claim as well as help those responsible for valuing your settlement.
- Retain the medication that was dispensed to you, including the labels and packaging, as well as your prescription letter. This can help show if you received the wrong dosage or the wrong medication altogether.
- Record any evidence of costs or financial losses you incurred due to the avoidable harm you experienced. You may be entitled to claim compensation for these costs. You could keep hold of receipts, payslips, and invoices, for example.
The final step we recommend is to get legal advice from an experienced solicitor. Our medical negligence solicitors, for example, could provide support with collecting evidence as well as estimating a potential compensation figure for your medical negligence claim. They can also offer free legal advice regarding the potential next steps you could take.
Our advisors can assess the validity of your potential case and, if eligible, connect you to an experienced medical negligence solicitor. Contact our team for your free assessment today using the details given above.
When Can You Make A Pharmacy Negligence Claim?
As trained medical professionals, pharmacists have a duty of care to provide care that meets the correct standard. The General Pharmaceutical Council (GPC), are responsible for regulating the professional conduct of pharmacists, pharmacy technicians, and registered pharmacies in the UK. By failing to provide care at the correct standard, a pharmacist could cause a patient avoidable harm. This could constitute medical negligence by a pharmacist.
In order to begin a pharmacist negligence claim, you will need to demonstrate the following:
- A pharmacist owed you a duty of care.
- This duty was breached when the pharmacist failed to provide care that met the correct standard.
- As a result of this breach, you experienced avoidable harm from a medication error.
What we mean by “avoidable harm” is harm that would not have occurred had you been provided with care that met the expected standard.
To discuss the eligibility criteria further, or to get a free consultation regarding the validity of your potential claim, contact our advisors using the details given above.
Limitation Periods To Claim For Pharmacist Negligence
The Limitation Act 1980 sets a general time limit of 3 years for most clinical or medical negligence claims. This may be counted from the date the clinical negligence occurred or from the date of knowledge, where you would have been first expected to connect the harm you experienced with being provided care that fell below the correct standard.
Exceptions to the general time limit can be made if the claimant is lacking the mental capacity to claim for themselves, or if they are under the age of 18. For child cases, the limitation period is frozen until the minor reaches the age of 18. For those lacking the mental capacity, the time period is frozen indefinitely.
In both these circumstances, a litigation friend can be appointed to pursue the claim on the patient’s behalf while the limitation period is paused. Where a litigation friend has not claimed on behalf of someone under the age of 18, the claimant will have from when they turn 18 to start a claim themselves. Similarly, where this is not done for those lacking the mental capacity, if they recover their capacity to start legal action themselves, they will have from the date of recovery.
To learn more about the time limit to pursue legal action, or to ask any questions regarding any exceptions that may apply to your potential claim, speak to an advisor today. Our friendly and experienced team are available 24/7 via the contact details provided in the introduction.
How Could Negligence By A Pharmacist Happen?
Pharmacist negligence can arise in a number of different circumstances and have a variety of impacts. For example, receiving the wrong medication can result in your condition not being treated, to more serious harm in more severe cases. Alternatively, a prescription error, such as mixing up your prescription with another patients could see you receiving the wrong dosage leading to severe effects.
We have provided some examples of how dispensing or medication errors can occur in a pharmacy here:
- A failure to keep accurate records resulted in you receiving medication that was past its expiration date. As well as not treating your condition effectively, the expired medication caused adverse drug reactions, such as considerable pain and nausea.
- A pharmacy error made during data input meant you received the wrong dosage of your prescription. This overdose caused serious damage to your kidneys.
- A medication bottle was labelled incorrectly. Because of this error, you were given the wrong medication and suffered a severe anaphylactic reaction.
Please note, it may not always be possible to claim for a medication error. You must prove it resulted from a medical professional, such as a pharmacist, breaching their duty of care and that this caused you to suffer from avoidable harm.
You can discuss your eligibility to claim in your particular circumstances at greater length with our advisors. Contact the team today via any of the contacts provided below to discuss eligibility for pharmacy negligence cases.
What Could You Claim For Pharmacy Negligence?
Compensation for pharmacist negligence can be awarded under up to two different heads of loss in successful claims. The physical and psychological harm you experienced due to medical negligence can be compensated under general damages. Financial losses that result from medical negligence can be reimbursed under special damages.
To reach an approximate value for the general damages portion of your claim, reference can be made to your independent medical report alongside the guidelines from the Judicial College. Referred to as the JCG, this detailed publication provides guideline compensation figures for an array of different types of harm.
Compensation Table
A number of figures from the JCG have been provided for your reference here. The top entry was not taken from the JCG.
Please note that the entries in this table are intended to provide guidance only. As such, how much compensation you could receive can differ to what’s listed.
| Harm Type | Severity | Guideline Compensation Amounts | Notes |
|---|---|---|---|
| Multiple Very Serious Injuries and/or Illnesses with Financial Losses | Very Serious | Up to £500,000 and above | Compensation for the physical and/or psychological impact of very serious injuries and/or illnesses as well as financial losses incurred, such as loss of earnings, medical bills, care costs and other special damages. |
| Brain Damage | Moderate (b)(i) | £150,110 to £219,070 | Moderate to severe sensory impairment, personality change, deficit of intellect and a significant risk of developing epilepsy. |
| Kidney | Loss of or Permanent Damage (a) | £169,400 to £210,400 | The loss of, or the serious and permanent damage to both kidneys. |
| Bowels | Double Incontinence (a) | Up to £184,200 | Cases where there has been a complete loss of natural bladder function and control and bowel function with additional complications. |
| Epilepsy | Established Grand Mal (a) | £102,000 to £150,110 | Compensation in cases of epilepsy will be dependent on the success of medication, the impacts of attacks on daily life, and the prognosis of the condition. |
| Bladder | Significant (b) | Up to £140,660 | A total loss of natural bladder function and control. |
| Female Reproductive System | Infertility without Aggravating Features (c) | £56,080 to £71,350 | Infertility in a young person without children who is not experiencing sexual dysfunction or other complications. |
| Male Reproductive System | Uncomplicated Case of Sterility (d) | £56,080 to £71,350 | Sterility without impotence or any aggravating features in a young person without children. |
| Digestive System | Damage from Non-Traumatic Injury (b)(i) | £38,430 to £52,500 | Vomiting, fever and diarrhoea caused by severe toxicosis necessitating hospital admission for some days or weeks. |
Special Damages
As we stated earlier in the section, compensation for financial losses incurred due to medical negligence can be awarded under special damages. We have given a few possible examples here, although the costs you can claim for in your specific case may be different.
- The cost of medical treatment, such as prescription medications or therapy.
- Lost earnings from time taken off work.
- Travel expenses, such as taxis to and from medical appointments if you were unable to drive.
- In-home care and support, such as with cleaning or maintenance tasks if you are unable to safely carry out these duties by yourself.
As part of your supporting evidence, you should keep a hold of any documentation, such as your payslips, invoices and prescription letters, that show the costs you incurred.
We would like to emphasise again that the information provided here is intended only as guidance. Since medical negligence cases are assessed on their individual facts, we cannot make guarantees about the compensation you could be awarded. However, for a more detailed estimate of what your potential claim could be worth, talk to our advisors today via the details provided below.
How To Claim For Pharmacist Negligence With A No Win No Fee Solicitor
Our advisory team can provide a free consultation regarding your eligibility to claim for pharmacist negligence. If eligible, one of our specialist solicitors could offer you their services under a Conditional Fee Agreement or “CFA.”
By instructing a medical negligence solicitor to take on your claim under a CFA, you could experience considerable advantages. The solicitor will not take a fee before or during the claims process for their work. There will also be no fee to pay for their services should the claim fail.
Medical negligence compensation will be paid out should the solicitor win your claim. The solicitor will take a percentage of this compensation as a success fee. Since there is a restriction on the percentage solicitors can take, most of any compensation award is yours to keep.
We understand that the medical negligence claims process can seem complex. That is why our team of friendly and dedicated claims advisors are available all day every day to answer any questions you may have. They can also provide a free consultation concerning your eligibility to begin a claim. Contact the team today by:
- Calling us on 0800 652 3087.
- Completing our Claim Online form here.
- Using the live chat feature at the bottom of the page.
Further Guidance On Pharmacist Negligence Claims
You can read more of our pharmacy negligence claims guides here:
- Find out if you could make a claim for medication errors in a pharmacy and what your settlement could potentially comprise.
- Read our guide on who could be eligible to claim after receiving the wrong dosage of medication from a pharmacist.
- Learn more about claiming compensation after the wrong medication was dispensed by a pharmacist.
We have provided these external resources that you may find useful:
- You can read the professional standards pharmacists must adhere to on the GPC’s website.
- NHS Resolution has published this resource on learning from medication errors which you can read here.
- You may be entitled to statutory sick pay if you cannot undertake work due to medical negligence. Read more on this Government page.
Thank you for taking the time to read our guide to starting a claim for pharmacist negligence. You can reach our advisors at any time to ask your questions, or for a free assessment of your eligibility to begin a claim via the contact information provided above.