Pharmacy Dispensing Error – Could I Claim Compensation?

A pharmacy dispensing error could result in you receiving the wrong medication or the wrong dosage. Subsequently, this could cause you harm. This guide will explain the eligibility criteria that must be met to make a medical negligence claim following a dispensing error at a pharmacy.

pharmacy dispensing error

Pharmacy dispensing error claims guide

Pharmacists are medically trained professionals. Therefore, they are responsible for meeting the standards for pharmacy professionals to keep their patients safe. In other words, they owe their patients a duty of care. As part of this duty, they must provide patients with care that meets the correct standard.

If a pharmacist makes a dispensing error because they failed to meet the required standard of care, and it caused you avoidable harm, this is considered medical negligence. In these instances, you could be eligible to claim compensation for the mental and physical suffering caused by medical negligence as well as the financial impact.

For more information, please continue reading. Alternatively, speak to one of our advisors for free legal advice. They will be able to offer insight into whether you could make a claim.

You can:

  • Call us on 0800 652 3087
  • Fill out the form on our website to begin your claim online.
  • Write to us using our live chat feature.

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What Is A Pharmacy Dispensing Error?

A pharmacy dispensing error is a mistake made when providing a patient with their prescription. For example, a pharmacist may dispense the wrong dosage of medication or give someone the wrong prescription. A pharmacist could also provide the patient with incorrect medical advice meaning that the medication may be taken incorrectly.

Pharmacy dispensing errors could happen due to a medical professional not meeting the correct standard of care. For example, a pharmacist fails to make the necessary checks before dispensing the medication. This results in a patient receiving the incorrect medication.

However, it is important to note that not all instances of medical mistakes are caused by medical professionals breaching their duty of care. For example, if you have an unknown allergy to medication, which causes you to have a reaction, this is not medical negligence as there was no way for the medical professionals to know about your allergy.

To find out whether you could seek compensation, get in touch on the number above.

Types Of Pharmacy Dispensing Errors

There are various types of prescription errors that could happen in a pharmacy, such as:

  • The wrong medication is given to a patient.
  • Advice is given to take medication orally when it needs to be taken intravenously.
  • The wrong dosage of medication is given when preparing a patient’s prescription.

If you have experienced a similar situation, please get in touch with our team. They can discuss your specific circumstances and help you understand whether you’re eligible to seek compensation following a pharmacy dispensing error.

What Impact Can A Pharmacy Dispensing Error Have?

There are various ways a pharmacy dispensing error could impact a patient. For example:

  • A patient could take the wrong drugs and experience an adverse drug reaction.
  • The medication may not have the desired effect if the dosage is too low. Or, if a person is recommended to take a dosage too high, it could lead to a drug overdose.
  • A pharmacist could advise mixing drugs that should not be taken together. Therefore, causing a harmful drug interaction.

If a medication error at a pharmacy caused you avoidable harm due to medical negligence, you might be eligible to claim compensation. Call us today to find out.

Could I Claim Medical Negligence Compensation?

To claim compensation for harm caused by a pharmacy dispensing error, you must demonstrate that medical negligence occurred. This involves proving a medically trained professional owed you a duty of care, they breached this duty of care by providing you with a substandard level of care and you were caused harm as a result.

You could provide various pieces of evidence to support your claim, such as:

  • A copy of your prescription.
  • The bottle or package of medication you were provided with and the receipt.
  • A copy of your medical records showing any treatment you received for harm you sustained due to receiving the wrong prescription.
  • A copy of an independent medical report, if applicable, which can highlight the extent of the harm you sustained and your future prognosis.

Moreover, you must also be within the medical negligence claims time limit to begin your claim, generally, this is three years from the date of the incident or three years from when you connected the harm you suffered to negligence.

Please get in touch with our advisors to find out if your claim meets the eligibility criteria. They can also provide more insight into whether you are within the claims time limit.

Compensation Amounts For A Dispensing Error By A Pharmacy

A medical negligence compensation payout could include two potential heads of claim, general damages and special damages.

General damages compensate for the physical and psychological pain and suffering you have experienced as a result of the harm you sustained due to medical negligence. In addition, special damages reimburse past and future financial losses that arise due to the harm caused by medical negligence, such as medical expenses or loss of income. It is important to consider that you must provide evidence of special damages. This could include payslips, medical records and bank records.

We have used the 16th edition Judicial College Guidelines (JCG), April 2022 update, to create the table below. Legal professionals use this document to help them value general damages payouts for different types of harm. There are many factors that determine the settlement you may receive, therefore the figures below should be considered as a guide only.

Type Of HarmSeverity And NotesGuideline Compensation Amounts
Brain Damage(b) Moderately Severe: The person will require constant care and will substantially depend on others. They will be very seriously disabled. £219,070 to £282,010
Brain Damage(c) (iii) Moderate: Concentration and memory have been affected and the person's ability to work is reduced. However, dependence on others is limited.£43,060 to £90,720
Eye Injuries(b) Complete blindness.In the region of £268,720
Kidney Injuries(a) Serious and permanent damage to both of the kidneys. This bracket could also include the loss of both kidneys.£169,400 to £210,400
Bladder Injuries(a) Cases where the person suffers from double incontinence.Up to £184,200
Bowel Injuries(b) The person will lose the natural function of the bowels and the person may depend on a colostomy. Up to £150,110
Bowel Injuries(c) The person will experience faecal urgency and passive incontinence. This causes them distress and embarrassment.In the region of £79,920
Epilepsy(a) Established Grand Mal.£102,000 to £150,110
Digestive System Injuries(b) Illness or damage from a non-traumatic injury (i) The person suffers severe toxicosis, which requires them to go to the hospital for some days or weeks.£38,430 to £52,500
Impairment Of The Senses - Taste and Smell(a) The complete loss of both the person's sense of smell and taste.In the region of £39,170

If you would like an insight into how much your medical negligence claim could be worth, contact our team of advisors to discuss the specific details of your case.

No Win No Fee Claims For A Pharmacy Dispensing Error

If a pharmacy dispensing error, caused by medical negligence, has resulted in you sustaining avoidable harm, you could be eligible to make a claim. If you wish to hire legal representation, you may find it beneficial to work with a solicitor who offers a No Win No Fee service.

For example, a solicitor offering their services under a Conditional Fee Agreement (CFA) means you don’t have to pay any upfront or ongoing fees for the services they provide. You also won’t pay for their services if your claim fails.

In the event of a successful claim, a solicitor will take a success fee from the compensation. This is a small percentage that the law caps.

For more information about this type of service, please get in touch with our team. They can assess your case and determine whether you’re eligible to have a No Win No Fee solicitor from our panel begin working on your case.

To get in touch:

  • Call us on 0800 652 3087
  • Fill out the form on our website to begin your claim online.
  • Write to us using our live chat feature.

Related Clinical Negligence Claims

These guides from our website may prove to be helpful if want to know more about making a medical negligence claim:

Below are some external sources for you to take a look at:

Please contact us today to enquire about beginning a pharmacy dispensing error claim.

Writer Jess Olsen

Editor Meg Miller