Can I Claim If The Pharmacy Gave Me The Wrong Medication Instead Of My Regular Medication?

In this guide, we explain the eligibility criteria for a medical negligence claim if a pharmacy gave the wrong medication instead of your regular medication. Also, we look at some examples of the types of mistakes that pharmacists could make and how that might cause you to suffer.

Next, we consider what evidence you might be able to use to prove that the wrong medication was given by a pharmacy. After that, you’ll read how compensation is calculated if you receive a payout after you were given the wrong medication.

Finally, we set out how the No Win No Fee service offered by our panel of specialist solicitors works if your case for a wrong prescription is valid and taken on.

pharmacy-gave-the-wrong-medication-instead-of-your-usual-medication

A Guide To Claiming If The Pharmacy Gave The Wrong Medication Instead Of Your Regular Medication

We offer a no-obligation consultation for all medical negligence claims, including those for a prescription error. If this is something you’d like to arrange, you can:

  • Call 0800 408 7825 to speak with an advisor for free advice.
  • Complete our “Contact Us” form so we can get back to you.
  • Use our 24/7 live chat service to see if you can claim compensation.

To find out more information about wrong prescription claims, please continue to read this guide. If any questions crop up along the way connected to your potential prescription error negligence claim, please feel free to call.

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Can I Claim If The Pharmacy Gave Me The Wrong Medication Instead Of My Regular Medication?

All medical professionals, including pharmacists, have a legal duty of care to provide a minimum level of care. If that duty is not met, they are said to be in breach of their duty of care. If a medical professional breaching this duty results in a patient suffering harm that was avoidable a medical negligence claim is possible.

Generally, any medical negligence compensation claim for medication errors would need to meet specific criteria.

If a medical professional such as a pharmacist gave you the wrong medication instead of your regular medication, you might be entitled to compensation if you can answer yes to the following three questions:

  1. Were you owed a duty of care at the time you interacted with the pharmacist?
  2. Did the pharmacist breach that duty of care in some way?
  3. Can you prove that the breach caused you to suffer an illness or injury?

For example, a prescription error in a pharmacy caused because there was a breach of duty led to you being hospitalised for a month because you were given the wrong dosage of a drug.

We will look at some other ways that a prescription error could lead to a patient suffering avoidable harm in the next section. For now, though, if you believe that you’ve suffered because the wrong medication was given, please feel free to call our team.

How Could I Be Given Wrong Medication By A Pharmacy?

As described in the previous section, medication error claims may be possible if the wrong prescription was given due to a breach of duty by the pharmacy. To give you an idea of what prescription error claims could look like, we have provided some example scenarios below.

Some examples of claims if a pharmacy gave the wrong medication instead of your regular medication include:

  • You were given the wrong medication because it had a similar name to that prescribed. For example, you received Quetiapine (an anti-psychotic medication) instead of Quinine Sulphate (for leg cramps).
  • The pharmacy substituted your normal medication for a similar product as it was out of stock. Unfortunately, they failed to check your medical records for known allergens and you suffered an allergic reaction as a consequence.
  • You suffered an illness or injury caused by an overdose because although the correct medication was dispensed, the dosage instructions were incorrect.

If you believe that you have suffered because the wrong medication was given by a pharmacy instead of your regular medication, why not call our team to check what to do next?

Is There A Time Limit When Making A Medical Negligence Claim?

We’re often asked, “What is the time limit for a medical negligence claim?”. Under the Limitation Act 1980, the time limit is usually 3 years, but this can start from the date of the error that caused you to suffer or from the date of knowledge.

However, if the injured party is a child (under 18 years old) or an adult who doesn’t have the mental capacity to take legal action, exceptions to the time limit apply.

Time-Limits-For-Wrong-Medication-Negligence-Claims

Time Limits For Wrong Medication Negligence Claims

For advice on the time limits for medical negligence claims or to discuss the exceptions in a wrong prescription error claim, please use the number above to get in touch.

What Evidence Could Help In A Medication Errors Claim?

As mentioned earlier, you will need to prove how you’ve suffered because a pharmacy gave you the wrong medication instead of your regular medication if you’re to be compensated. You will also need to prove that the pharmacy is liable for the prescription error. To do this, you will need to provide supporting evidence for your wrong prescription negligence claim.

The types of evidence that could help to strengthen your case include:

  • Photographs of the medication packaging and instruction labels.
  • A copy of your prescription.
  • Details of any treatment you’ve needed because of your symptoms. This could be in the form of a diary.
  • A copy of your medical records.
  • Contact details for family or friends who can confirm how you’ve been affected.

If you decide to work with a solicitor from our panel they can help to collect evidence for your wrong prescription claim, so why not call the number above for a free initial consultation?

Potential Compensation After Being Given The Wrong Medication

If you’re wondering, “How much compensation can be awarded for medical negligence?”, the answer is that each claim is unique and, as such, settlements will vary. How much compensation will be awarded for prescription error claims will be determined on a case by case basis.

If liability for your suffering has been proven, the next step in the claims process is to calculate the value of your pharmacy error compensation payout. The first head of loss that could contribute to this is called general damages. It covers pain and suffering caused by your injuries or illness.

If you work with one of the medical negligence solicitors from our panel, they’ll arrange an appointment with an independent specialist who’ll assess the harm caused by the wrong medication given. Their report will help your solicitor to value your pharmacy negligence claim. They might refer to the Judicial College Guidelines (JCG) at this point too.

The JCG lists a range of guideline compensation brackets for an array of illnesses and injuries. We’ve used its figures in the compensation table below, but please note that these figures are for guidance only.

Compensation Table

The first line in the table is not taken from the JCG and is listed for illustration purposes.

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Injury Type Category Guidelines Extra Details
Multiple Severe Injuries with Special Damages Severe Up to £1,000,000 + Covers physical and psychological pain and suffering resulting from multiple severe injuries plus nursing care, lost income, home modifications and other special damages
Bladder (b) Loss of Function Up to £140,660 Complete loss of bladder control and function.
Injury Resulting from Brain Damage (c) Moderate (ii) £90,720 to £150,110 Moderate to modest intellectual deficit, the ability to work is greatly reduced if not removed.
Epilepsy Established Petit Mal £54,830 to £131,370 Considers various factors including the impact on work/social life; how successfully medication controls attacks; prognosis; and the existence of behavioural problems.
Digestive System Illness Resulting From Non-Traumatic Injury (i) £38,430 to £52,500 Severe toxicosis leading to serious acute pain, fever, diarrhoea and vomiting. Hospitalisation for some days or weeks.
Illness Resulting From Non-Traumatic Injury (ii) £9,540 to £19,200 Diarrhoea, and vomiting diminishing in two to four weeks. Remaining discomfort and disturbance of bowel function and impact on sex life and enjoyment of food over a few years.
Chest Injuries (c) Damage to Chest £31,310 to £54,830 Damage to chest and lung(s) causing some continuing disability.

Claiming Special Damages In Medical Negligence Claims

How much compensation awarded will also be determined by another head of loss, special damages. This aims to cover any costs or expenses linked to your suffering.

For example:

  • Lost income.
  • Medical costs.
  • Care costs.
  • Travel expenses.
Medical Negligence Compensation Calculator

Medical Negligence Compensation Calculator

Any costs should be proven with bank statements, receipts or other financial records. To check what compensation you might be entitled to claim following a medication error, please get in touch today.

Could I Use No Win No Fee Medical Negligence Solicitors To Claim?

Medical negligence cases can be quite a challenging process. Therefore, it may be a good idea to seek legal advice and consider instructing a medical negligence solicitor.

Our advisors are waiting to take your call, they will assess your wrong medication claim in a free assessment. If your pharmacy negligence claim is valid and a solicitor from our panel offers to represent you, they’ll work under a Conditional Fee Agreement (CFA) to provide a No Win No Fee service.

This can make the whole medical negligence claim process less stressful as it means that:

  • You won’t pay for your solicitor’s service upfront.
  • You also don’t pay for their work while the claim is progressing or if it’s lost.
  • A success fee will be deducted if the claim is won from your compensation. Legally, you are protected as the success fee percentage that can be taken is capped.
No Win No Fee Medication Negligence Solicitors

No Win No Fee Medication Negligence Solicitors

To check if you could be connected with a specialist solicitor from our panel for your prescription error claim, you can:

  • Call 0800 408 7825 to speak with an advisor for free advice.
  • Complete our “Contact Us” form.
  • Use our 24/7 live chat service to see if you can claim compensation.

Read More About Claiming If The Pharmacy Gave The Wrong Medication Instead Of Your Regular Medication

Here are some more of our medical negligence claims guides that could help if you have suffered harm following a medication error and would like more information on making a prescription error claim:

Also, we’ve added a few external links as well:

If you’ve suffered after a pharmacy gave the wrong medication instead of your usual medication, please feel free to call us today for free advice.