If a pharmacist has caused you an injury or illness, you could be entitled to make a pharmacy negligence claim for medical negligence compensation.
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Pharmacy Negligence Claims
Pharmacies have a legal duty of care to ensure they dispense the correct type and dosage of medication prescribed to you by your doctor. A breach of this duty could result in you receiving the wrong prescription, the incorrect dosage of a drug and other types of pharmacy negligence, which can lead to your condition worsening or a new injury or illness being caused by an adverse reaction.
If you or a loved one suffered avoidable harm due to a pharmacist’s error, you may be able to make a pharmacy negligence claim. An experienced solicitor can help you get the compensation you deserve for your pain and suffering on a no win no fee basis. This means you can make a personal injury claim with no upfront costs or financial risk.
To find out if you can make a claim, get in touch by calling 0800 470 0472 for a free consultation. You can also enter your details here to request a call back, with no obligation to proceed with a claim.
Key points about pharmacy negligence claims
- Eligibility: You may be able to claim if a pharmacy error caused you harm, such as being given the wrong medication or dosage.
- Pharmacy Duty of Care: Pharmacists must dispense the correct medicine, dosage, and instructions according to the prescription.
- Time Limit: You generally have 3 years from the date of the incident or when you realised the error caused you physical or psychological harm.
- Compensation: Can cover pain, adverse effects, hospital treatment and loss of income due to illness or injury.
- No Win, No Fee: Your solicitor will offer a no win, no fee service — you only pay if your pharmacy claim is successful.
Friendly legal advisors are available to discuss your pharmacy negligence claim today.
- Find out if you have a valid claim
- A risk free, no win no fee service
- We are available 7 days a week
- Experienced personal injury lawyers
Table of Contents
What is a pharmacy’s duty of care?
Like all other healthcare providers, pharmacies and pharmacists have a legal duty of care to patients. They must comply with the regulatory standards set by the NHS and bodies such as the General Pharmaceutical Council (GPhC) to keep customers safe from harm. To do this, pharmacists should take the following measures:
- Ensure that prescriptions are filled with the correct medication and dosage;
- Verify that the medication is appropriate for the patient and does not interact with other drugs they are taking;
- Have the necessary training, skills and knowledge to provide safe and effective care when supplying medicine;
- Ensure all medication in the pharmacy is stored correctly and within the expiry date;
- Provide clear and accurate information about how to use the medicine safely;
- Ensure patients understand the risks associated with the medication;
- Maintain proper documentation of prescriptions and dispensing records;
- Report and address any mistakes or near misses to prevent future incidents.
If a pharmacy fails to uphold this legal duty of care and you suffer an injury, you may be entitled to make a pharmacy negligence claim.
Am I eligible to make a pharmacy negligence claim?
As mentioned above, pharmacists have a legal duty to provide a suitable standard of care and ensure you receive the correct medication. If you suffered any harm due to a pharmacy error, a specialist medical negligence solicitor may be able to help you get compensation. Before taking on your claim, they will verify the following criteria:
- The pharmacist or another staff member of the pharmacy breached their duty of care towards you by making an avoidable error;
- Your condition worsened, or you developed a new illness or injury due to their negligence;
- You incurred pain, suffering and financial losses due to their negligence within the past three years.
If the pharmacist made an error, no matter how severe, but it has not caused you any suffering, you will not be eligible for compensation. However, you should still consider making an official complaint to highlight the issue, which could help to prevent similar incidents from happening in the future.
What evidence will I need to support a pharmacy negligence compensation claim?
Your solicitor will need relevant evidence to support your claim and get you the compensation you deserve. This could include:
- A copy of your prescription and the product packaging will help determine whether you received what your doctor had prescribed for you;
- Medical records that show your original condition can help establish whether you were prescribed the correct medicine;
- An independent medical exam with a specialist who can confirm how the pharmacy error has caused you harm;
- A copy of a formal complaint made with the pharmacy and any communication with them, such as emails or letters;
- Records from the pharmacy showing the medicine supplied to you;
- Statements from witnesses who heard the advice given to you by the pharmacist;
- Copies of any formal investigation reports carried out by the General Pharmaceutical Council;
- Photos that show any visible injuries caused to you, such as skin rashes or swelling;
- Your statement about what happened and who was involved;
- You also need documents such as receipts and invoices to prove out-of-pocket expenses and financial losses you want to include in your claim.
Common types of pharmacy negligence
According to the British Medical Journal (BMJ), over 237 million medication errors are made each year in the UK, some of which lead to severe side effects and even fatalities. Dispensing errors account for around 16% of the total.
Different types of pharmacy negligence could lead to patient harm and a personal injury claim, including:
- Giving incorrect advice on how, when or how often to take the medicine;
- Dispensing drugs that don’t mix well with existing prescriptions or medications being taken by the patient;
- Misreading a prescription and providing the wrong medicine or dose;
- Not advising patients about potential side effects, allergies and risks associated with certain drugs;
- Labelling medication incorrectly;
- Giving a patient someone else’s prescription due to not performing relevant safety checks;
- Dispensing medication that is past its expiry date, contaminated or has been improperly stored;
- Vaccination errors, such as administering the wrong vaccine, wrong dosage or in the incorrect place of the arm;
- Not being told how to store the medicine at home;
- Continuing to issue a repeat prescription for an extended period without checking with the GP;
- Failing to keep accurate records regarding the medicine dispensed to patients.
What are the potential consequences of pharmacist errors?
Receiving the wrong medication at a pharmacy could lead to various outcomes, such as:
- No problems at all. As mentioned above, if a pharmacy makes an error but it doesn’t cause you any harm, you would have grounds to make a complaint but not grounds to make a medical negligence claim;
- Harmful side effects that can range from nausea and vomiting to life-threatening anaphylaxis;
- Interference with other medications you take, which could lead to severe complications like organ damage or blood clots;
- Overdose due to receiving the incorrect dosage, which can cause organ failure and even death;
- Ineffective treatment due to receiving too low a dosage, which can prolong or worsen your condition;
- Long-term health problems or permanent disability;
- Loss of trust in the pharmacist, healthcare provider or the healthcare system in general;
- Significant emotional distress leading to anxiety, depression or post-traumatic stress disorder (PTSD);
- Financial strain due to loss of earnings during recovery, loss of earning capacity, additional treatments and other expenses;
- It may also impact your loved ones, who may have to care for you long-term.
Your pharmacy negligence solicitor will aim to ensure that all the damages you suffered are included in your claim to help you seek the maximum level of compensation possible.
How can I protect myself from pharmacy errors?
While pharmacists usually provide patients with a high standard of care, they occasionally make mistakes, which can have devastating consequences. For this reason, it is essential to take the following steps to protect yourself in case your pharmacist makes a dispensing error and fails to give you the correct medication:
- Check that all the medicine you have received matches the prescription provided by your doctor, including the dosage;
- Make sure that it’s your name on each medication box that the pharmacist has given you;
- Ask for confirmation about how and when you should take the medicine;
- Tell your pharmacist if you take any other medication besides what’s on the prescription;
- If you have a repeat prescription, confirm with your doctor that you must continue taking it;
- Be wary of any side effects and report them to your pharmacist or GP. You can also find general information about medicines and their side effects on the NHS website.
By taking these simple measures, you can significantly reduce the risk of taking medication that was not prescribed for you and suffering an avoidable injury or illness.
Can I make a pharmacy claim on behalf of a loved one?
If someone you love suffered an injury or illness because a pharmacist dispensed medication that did not match their prescription, you could claim on their behalf if they are:
- A minor under 18;
- An adult who qualifies as a protected party under the Mental Capacity Act 2005. This means they have suffered a brain injury or have a condition such as Down syndrome, Alzheimer’s or autism.
To claim compensation for pharmacy negligence on their behalf, you must first apply to the court to be named as their litigation friend, proving that you are suitable for the role. A solicitor can help you complete this process and secure compensation for your loved one.
If you win the claim for your loved one, a judge must confirm that the awarded compensation amount is fair and covers their needs. Once approved, your solicitor can help you set up a personal injury trust in the claimant’s name to manage the funds on their behalf.
Can I claim compensation for a wrongful death?
If you lost a loved one due to incorrect medication or the wrong dosage, you may be entitled to compensation. Anyone who qualifies as a dependant of the deceased could make a dependency claim, including spouses, civil partners, children, parents and siblings. A claim under the Fatal Accidents Act 1976 could include:
- Compensation for the financial benefits expected from your loved one, such as lost salaries, bonuses, investments and other sources of income;
- The loss of services they contributed to the family, such as childcare, household chores and DIY projects;
- Reasonable funeral expenses, which could include wreaths, transporting the body to the grave and embalming the body;
- Bereavement damages for your grief and the recognition of your loved one’s wrongful death, which currently amount to £15,120.
Time limits to start a pharmaceutical negligence claim
According to the Limitation Act 1980, you must start the pharmacy negligence claims process within a three-year time limit, which will begin from either:
- The date you were given the wrong medication or pharmaceutical advice;
- The date you became aware of your injury and its link to the prescription error (known as the date of knowledge).
Before processing your claim, your solicitor will have a lot of work to do. They must collect as much evidence as possible, talk to witnesses, arrange medical appointments and assess how the negligence has affected your life. That is why it is essential to seek legal advice sooner rather than later. If you miss the three-year deadline, your case will usually be statute-barred, and you may lose the right to claim compensation.
There are a few exceptions to the limitation date that could apply, such as:
- You can make a child injury claim anytime before the child’s 18th birthday, after which they have until turning 21 to seek compensation themselves.
- If the injured party lacks mental capacity and cannot claim, the time limit is suspended. A person acting as their litigation friend can claim on their behalf at any time.
- If you lost a loved one following a pharmacy error, you can make a claim for compensation within three years after their death.
How much compensation could I claim for pharmacy negligence?
The amount of compensation you could receive for medical negligence will be calculated based on two types of damages. General damages cover the resulting injury or illness and how it has affected your life, while special damages deal with any financial losses and expenses you have incurred as a result.
When calculating your compensation award, your solicitor will take into account the following:
- Physical pain and suffering caused by your injuries
- The emotional and psychological harm caused to you
- Any impact on your hobbies, social life and daily activities (loss of amenities)
- Loss of earnings or earning capacity
- Travel expenses to medical appointments
- Care costs if you needed someone to look after you during recovery
- Private treatments and other medical costs
- Adaptations to your home or vehicle if you suffered a permanent disability
The compensation awarded for general damages is based on the 18th Edition of the guidelines from the Judicial College. You can use our compensation calculator to assess how much you could be entitled to based on your specific circumstances, but here are a few examples:
| Injury Type | Description | Compensation |
|---|---|---|
| Brain Damage | Moderate brain damage likely to affect the senses, with some dependence on others | £57,000 - £289,000 |
| Injuries Affecting Sight | Sight loss in one eye with reduced vision in the other eye | £84,000 - £238,000 |
| Digestive System | Severe toxicosis causing acute pain, diarrhoea, vomiting and fever, with hospital admission for several days or weeks | £51,000 - £69,000 |
| Deafness Or Tinnitus | Total hearing loss in one ear | £41,000 - £60,000 |
| Kidney Injuries | Loss of one kidney with no damage to the other | £41,000 - £59,000 |
| Impairment Of Taste And Smell | Loss of smell | £33,000 - £43,000 |
| Spleen Injuries | Loss of spleen with no or minimal ongoing effects | £5,800 - £11,000 |
How long will a prescription negligence case take?
Medical negligence claims typically take 18 to 24 months to resolve. Your specific case could settle much sooner or later than the average time, depending on various factors, which include:
- The type and severity of your injuries and your prognosis for recovery;
- How long it takes to gather supporting evidence;
- Whether the other party admits liability and how early in the claims process;
- Whether you must argue your case in court (this rarely happens, with more than 96% of all cases being settled without a trial).
If your claim takes longer than expected but liability is clear, your solicitor may be able to secure interim payments for you. These are payments advanced from your final compensation amount to help you cover financial needs such as medical bills or lost wages.
Do medical negligence solicitors work on a No Win No Fee basis?
If you have a valid case, your medical negligence solicitor will work under a no win no fee agreement. That means there will be no financial risk to you because:
- You do not have to pay any upfront fees;
- You do not pay your solicitor at all if you do not receive compensation;
- Only if you make a successful claim will your solicitor receive a fee deducted from your settlement, which is capped at 25% of general damages and past financial losses.
To find out if you can make a pharmacy claim, do not hesitate to call 0800 470 0472 today for a free consultation or use our contact form to request a call back.
Friendly legal advisors are available to discuss your medical negligence claim today.
- Find out if you have a valid claim
- A risk free, no win no fee service
- We are available 7 days a week
- Experienced personal injury lawyers
