By Mark Allen. Last Updated 16th July 2021. Welcome to our pharmacy malpractice settlements guide. If you are given the wrong medication, compensation may be available if you can prove that a medical professional made a mistake, and this causes harm to you, the patient.
This guide explains why you may have a medical negligence claim and how to proceed with one. We use an example case study to do this, showing how £25,000 in compensation could be claimed for a similar incident.
If you still have unanswered questions once you have finished reading this guide, please call our team today on 0800 652 3087. One of our advisors will answer all the questions you have and explain how best to move forward with your claim.
Choose A Section:
- A Guide To Claiming Compensation When Given The Wrong Medication
- What Is A Medication Error By A Pharmacy?
- Examples Of Wrong Medication Mistakes By Pharmacists
- A Case Study Examining A Medication Error By A Pharmacy
- How Was The Claimant Harmed By Being Given The Wrong Medication?
- Wrong Medication Compensation Claims Calculator
- How To Begin Your Claim If Harmed By Wrong Medication
- No Win No Fee Wrong Medication Compensation Claims
- Contact Our Team
- Where To Find Out More
A Guide To Claiming Compensation When Given The Wrong Medication
When a pharmacy gives the wrong medication, and this causes harm to a patient, this can be construed as medical malpractice. If it can be proven that a medical professional made a mistake when dispensing medicine, then a medical negligence solicitor could be able to process a claim for the victim if this causes harm to the patient. This guide will provide an example case study that shows how a typical claim for any pharmacy malpractice settlements could proceed.
We start by looking at what medication errors are and give some examples of how these mistakes can happen. We then give an example case study to demonstrate how pharmaceutical errors could result in a successful claim.
The last part of this guide relates to the claim itself. We have provided a table that shows possible compensation ranges that have been based on the English Publication, Judicial College Guidelines. We offer some advice on how to begin your claim and explain how a No Win No Fee claim works.
If you have any questions about your own claim or the contents of this guide, please speak to our law firm on the number near the end of this page. Our personal injury lawyers will provide any additional information that you need and explain how having a medical negligence lawyer help you make a claim.
What Is A Medication Error By A Pharmacy?
When a patient is prescribed medication by their GP or by a hospital specialist, they must receive the correct medication from a pharmacy. Any mistake that results in the patient being given the wrong medication from a pharmacy, or results in the patient taking the wrong dosage or not adhering to the right dosage schedule, could be construed as medical negligence.
To be eligible to make a clinical negligence claim, the victim must be able to prove that a) they suffered actual harm and b) a medical professional made a mistake that could have been avoided, which resulted in this harm being caused. In cases such as this, a claim could be possible. If you speak to one of our advisors, they can evaluate your claim for you and let you know whether you could be eligible to claim medical negligence. And we can also advise you on what pharmacy malpractice settlements are realistic for your case.
Examples Of Wrong Medication Mistakes By Pharmacists
To understand why you may claim for wrong prescription compensation, we need to look at the kinds of mistakes that can lead to a patient being given the wrong medication or the wrong information about taking their medications. For example:
- Administration errors while filling shelves or labelling bottles/boxes leading to the wrong medication being dispensed.
- Dispensing errors, mistakes while picking medication from shelves and making up a prescription to give to a patient.
- Transcription errors, where the pharmacist misreads the original prescription and makes up the wrong medication or dose.
- Prescribing errors, where the prescribing doctor makes a mistake, and the pharmacist dispenses the wrong medication entirely.
These are some of the basic ways that mistakes are made in the dispensing process. If you are harmed by taking the wrong medication, and you can prove that a medical professional made a mistake, then a medical negligence solicitor could help you make a claim. Call our team to learn more about claiming a prescription error.
A Case Study Examining A Medication Error By A Pharmacy
In this section, we will give an example case study about pharmacy malpractice settlements. This shows how a successful claim could be made for a pharmacy dispensing a prescription wrongly, causing harm to the patient. In this example case study, a clinical negligence solicitor claimed £25,000 in compensation for the claimant.
Now, for this case study, the claimant is a 30-year-old woman who had visited her GP with a bad cough and problems breathing. The GP diagnosed the problem as a chest infection that would require targeted antibiotics to treat. Unfortunately, a dispensing error at the pharmacy meant that the patient was given a completely different medication.
Because the patient got the wrong medication from the pharmacy, the chest infection went untreated, and their medical condition continued to deteriorate. The patient tried to make a fresh appointment with her GP but was given an appointment for two weeks. Before the two weeks were up, a neighbour found the young woman collapsed in her kitchen, with severe breathing difficulties.
An ambulance was called, and the victim was taken to the hospital. At this stage, the mistake with the medication was discovered by the doctor diagnosing the patient at the hospital, as the patient had the medication with her. The diagnosis was pneumonia, and the victim was hospitalised for several weeks while she recovered.
A solicitor helped the victim claim being given the wrong medication at a pharmacy. The pharmacy did not dispute the claim, as it was entirely obvious a mistake had been made when dispensing the medication. An out of court settlement was offered, which would compensate the victim for the harm she had suffered and the income she had lost while taking time away from work. The offer was for £25,000, which the claimant accepted.
How Was The Claimant Harmed By Being Given The Wrong Medication?
In this specific example, the claimant suffered harm because they did not receive the treatment they needed to deal with a chest infection. Antibiotics were prescribed by the GP and would have helped to clear the infection up within a couple of weeks. Instead, the patient went without the needed antibiotics.
The lack of treatment leads to the health of the victim deteriorating further, to the extent that the infection became pneumonia. If it had not been for the fact that a neighbour found the victim passed out in her home, she might well have died.
This demonstrates how a tiny error when dispensing medication can lead to potentially life-threatening consequences. If you were to suffer similarly due to a medication error, then you may be able to claim if you can prove clinical negligence actually took place. Please speak to our team to find out how to go about this.
Wrong Medication Compensation Claims Calculator
If a pharmacy dispensed the wrong medication, and this caused you harm, you might be able to use a claims calculator to get a rough idea of what pharmacy malpractice settlements you might be able to claim for. You can also use this table we have published below. It shows potential ranges of compensation for different severities of illness that a medication error could cause. We based this table on the Judicial College Guidelines used by the legal system in England to value claims.
|Illness||This would be some level of disabling pain, stomach cramps, nausea, diarrhoea, etc. and the symptoms would last from a few days to a few weeks.||£860 to £3,710|
|Illness||This would be a medical condition with symptoms such as altered bowel function, diarrhoea, cramps, fatigue, etc. Hospitalisation would be required for some days, and the symptoms could last for up to two years.||£3,710 to £8,950|
|Illness||This would be a fairly serious but also short-lived medical condition. Symptoms could include diarrhoea, nausea, vomiting, cramps, fatigue, fever, etc. The victim’s life would be impacted in some way, such as impaired bowel function or decreased sex drive. These symptoms could last for potentially years once the short-term recovery is over.||£8,950 to £18,020|
|Illness||This would be an illness with symptoms such as fever, diarrhoea, cramps, nausea, vomiting, etc. These symptoms would last for a long time, and recovery would be slow. Some continuing incontinence, haemorrhoids, and irritable bowel syndrome, having a significant impact on ability to work and enjoyment of life.||£36,060 to £49,270|
If you want a more accurate and detailed estimate of the level of compensation that could be available for your claim, please speak with one of our advisors. They will explain how a solicitor can value your claim for you once you have undergone a medical examination.
How To Begin Your Claim If Harmed By Wrong Medication
If you have received the wrong medication from a pharmacy, we would like to offer you some advice on proceeding with a claim. Firstly, you can call our team and have any questions related to your claim that you have answered. At this time, you will also be provided with key information, such as the medical negligence claims time limit that will apply based on your own circumstances.
One of our advisors will question you about your claim, and once they have enough information, they will evaluate it for you. They will tell you whether your claim could be valid or not and who could be liable to pay damages.
No Win No Fee Wrong Medication Compensation Claims
If you are harmed because you were given the wrong medication at a pharmacy, you could be able to use a solicitor working under a No Win No Fee agreement to process a negligence claim for you. The solicitor would not ask you to pay their (pre-agreed) percentage as a fee until they have received a compensation settlement on your behalf.
So, you won’t be asked to pay any fee to have the claim started, or during the whole time it takes to process the claim for you. If it fails and you don’t receive any pharmacy malpractice settlements, you don’t have to pay the solicitor’s fee.
Contact Our Team
If an NHS pharmacy gave you the wrong medication, which ended up causing your health to suffer somehow, you might be able to make a negligence claim. We could be able to help you with this. You can contact our team on 0800 652 3087 to find out more and get some additional free legal advice on how best to proceed with a claim.
Where To Find Out More
These external links could lead to some additional useful information:
You can also check out these other guides for more information:
Learn everything you need to know about clinical and medical negligence cases
Pharmacy Malpractice Settlements FAQs
What is considered pharmacist misconduct?
This is any situation where a pharmacist doesn’t advise you on a new prescription and potential side effects, as well as other poor behaviour.
Can you sue a pharmacy for negligence?
Yes, though there must be evidence of a breach in a pharmacist’s duty of care towards you for this to happen.
Can you sue a pharmacist for giving you the wrong medication?
You can do this, especially if you have a medical assessment that proves the impact of the medication onto you.
What to do if a pharmacist makes a mistake?
The pharmacist should contact you ASAP, handle you with respect, acknowledge and apologise for the mistake and tell your doctor.
What are the odds of winning a medical malpractice suit?
Around 50% of medical negligence claims with strong evidence as their basis tend to succeed.
Is medication a negligence or malpractice error?
This would be negligence as medication prescription faults don’t necessarily have malpractice as their intention.
Do most medical malpractice cases settle?
Around 95% of these claims reach an out-of-court settlement to avoid the need for a trial.
What is necessary for a negligence claim to succeed?
You must prove a pharmacist-patient relationship, with the pharmacist breaching their duty of care sufficiently to cause you harm, even if it’s accidental.
Written by Mac
Edited by LisM.
Thank you for reading our pharmacy malpractice settlements guide.