£25,000 Compensation Payout For The Wrong Medication

By Danielle Parsons. Last Updated 21st July 2023. 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.

Wrong medication given to pharmacy customer compensation

Wrong medication given to pharmacy customer compensation

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.

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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.

Settlements For A Wrong Prescription – What Evidence Will I Need To Claim?

Before we discuss how much compensation for the wrong medication you could be awarded, it’s necessary to discuss evidence you will need to claim. You’ll need proof of medical negligence and any harm you sustained.

We’ve listed a few examples of evidence you could collect below:

  • Witness statements – collect the contact details of any family or friends who witnessed the impact the medical negligence had on you. Your solicitor can collect a statement from them.
  • Medical records – by law, you are permitted to obtain your medical records. Your records can prove your medical injury.
  • A diagnosis – you may need to be assessed by an independent medical professional who can diagnose your injuries. Their diagnosis offers proof of the extent of your injuries.

Continue reading to learn more about the settlements for the wrong prescription. Alternatively, if you would like to be connected to a medical negligence solicitor from our panel, speak to us and we can arrange a free consultation.

Medical Negligence Compensation Calculator

Compensation settlements for successful medical negligence claims for medication errors could include special and general damages.

Special damages are awarded for the financial losses you may have experienced due to being harmed by medical negligence. Such as:

  • Medical costs.
  • Travel expenses.
  • Loss of earnings.

To help improve your chances of successfully claiming for special damages, you should provide financial evidence of these losses, such as bank statements.

Any harm that you suffered due to medical negligence would be compensated via general damages in a successful claim.

A medical negligence compensation calculator could help you with valuing your injuries. However, it may not be able to take any financial losses into account.

The table below uses the compensation figures listed in the 16th edition of the Judicial College Guidelines (JCG). This is a document used by many legal professionals to help them value various types of claims. However, it is important to note that settlements for wrong prescription claims vary, as how much you could receive will depend on the specific circumstances of your claim.

Type of HarmCompensation GuidelinesNotes
Kidney (a)£169,400 to £210,400Serious and permanent damage to both kidneys, or they have both been lost.
Kidney (b)Up to £63,980A serious risk of the kidney losing its natural function or of a future urinary tract infection.
Kidney (c)£30,770 to £44,880One kidney has been lost whereas the other has suffered no damage.
Bowels (b)Up to £150,110The person may depend on a colostomy, depending on their age, due to the complete loss of the bowels natural function.
Bladder (c)£63,980 to £79,930Some incontinence and pain with the bladder's control being seriously impaired.
Digestive System (b) (i)£38,430 to £52,500Hospital admission for a few days or weeks due to severe toxicosis that causes diarrhoea and vomiting.
Spleen (a)£20,800 to £26,290There is a persisting risk of an internal infection due to the damage to the immune system.

Contact our team of advisors today if you would like more information about starting a medical negligence claim for the wrong medication.

Medical Negligence Claim Time Limit – Can I Sue The NHS After 3 Years?

With any type of medical negligence claim, the time limit typically is 3 years from the date the negligence occurred. However, you might be wondering, ‘can I sue the NHS for negligence after 3 years?’. The information in this section applies to claims against both private and public healthcare organisations.

In some cases, the limitation period would begin 3 years from the date you became aware of the negligence occurring. Legal professionals refer to this as the date of knowledge.

There can also be exceptions made if a child has been harmed by medical negligence or someone with limited mental capacity.

If a child has been harmed by medical negligence, they will have 3 years from the 18th birthday to start a claim. Before this date, the time limit is frozen, and a litigation friend will need to be appointed to claim on their behalf.

Similarly, if someone with limited mental capacity has been harmed by medical negligence, a litigation friend is required to start a claim on their behalf. If they recover, they will have 3 years from this date to start their own claim.

Speak to our advisors at any time, and they could connect you with an expert solicitor from our panel.

No Win No Fee Wrong Medication Compensation Claims

If you are eligible to make a medical negligence claim after a pharmacy gave you the wrong medication, you may like to instruct a solicitor to work on your case. One of the medical negligence solicitors from our panel could support your claim, and may offer to represent you under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement.

When your solicitor works with you under this type of agreement, they generally won’t charge you any upfront or ongoing fees for their services. Additionally, you won’t be charged for their work on your case if you are not awarded compensation.

However, if your claim succeeds, your solicitor will take a success fee out of your compensation award. The percentage that can be deducted as this fee is capped by the law.

To discuss settlements for a wrong prescription in a medical negligence claim. please get in touch with one of our advisors. They can also provide you with a free claim assessment as well as a valuation. If it seems like you have valid grounds to seek compensation, you could be passed onto one of the solicitors from our panel.

To speak to an advisor:

Where To Find Out More

These external links could lead to some additional useful information:

NHS Health And Safety Policy

Pharmacy Statistics

Pharmacy Mistake Statistics

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.