All healthcare professionals have a legal duty of care to ensure that their patients and customers do not receive any treatment or medication that will harm their health. Pharmacists and other professionals associated with the healthcare industry are also required to abide by this legal duty of care. If your health was impacted by a pharmacist’s negligence such as giving you the wrong medication or an incorrect dosage, you might have a case to file a pharmacy claim for compensation.
What Constitutes Pharmacy Negligence?
Pharmacists undergo years of training and need to be registered with the General Pharmaceutical Council (GPhC) to practise as one. All staff who work in a pharmacy should have received the necessary training in how to read prescriptions. They should also understand the importance of dispensing the correct medication in the correct doses to their customers and intervene if they recognise any potential risks to a patients health.
Pharmacists need to take great care to make sure to follow the existing medical and legal guidelines for dispensing medication. Sometimes, however, they may make a mistake, resulting in pharmacy negligence, which can lead to a pharmacy claim for compensation.
Some examples of pharmacy negligence where a compensation claim might be filed might include:
- Prescription errors such as reading the prescription wrongly and dispensing the wrong medication or the wrong dose.
- Not performing the mandated legal and clinical checks for accuracy.
- Not keeping proper records regarding medication dispensed to individual patients.
- Not advising patients about potential side effects of certain medications.
- Not taking the proper precautions to ensure the integrity of their products.
- Not storing medicines correctly or failing to educate patients about the best practices for storing medicine correctly.
- Dispensing repeat medications based on old prescriptions without insisting that patient revisit their GP and get a new prescription.
The consequences of pharmacy negligence can vary from minimal to life-threatening. In a best-case scenario, the wrong medication may not have any negative effect on you. However, depending on the medication you were wrongfully given, you could suffer a severe adverse reaction that requires emergency medical intervention.
If you or a loved one has suffered a severe reaction due to pharmacy negligence in any form, you should consider exercising your legal right to file a pharmacy claim for compensation.
Making A Pharmacy Claim
To make a successful pharmacy claim you need to be able to prove that your injury was caused due to the pharmacist’s negligence or mistake. Most personal injury solicitors offer prospective clients a complementary consultation (typically by phone) where you can discuss why you believe a pharmacist has acted negligently, how you have suffered because of their negligence, and what evidence you might already have. If the solicitor believes that pharmacy negligence can be proven, they will advise you to go ahead with filing a pharmacy compensation claim most likely using a No Win No Fee agreement.
Our No Win No Fee agreement essentially works exactly as it sounds. If your pharmacy claim is unsuccessful, you do not pay anything whatsoever. You would, however, pay a fee if the pharmacy claim is successful and compensation awarded. You wouldn’t be out of pocket however as the fee is deducted directly from the compensation once it has been received, and is simply calculated as an agreed percentage. The exact terms are clearly stated in the No Win No Fee agreement which you are sent to read and sign if you’re happy.
Personal injury solicitors know all too well that many injury victims do not pursue compensation claims only because they cannot afford to pay the legal costs involved. Offering clients the option of a No Win No Fee contract is their way of helping all accident victims access the justice system more easily, regardless of their financial constraints. With a No Win No Fee agreement, you benefit from the solicitor’s legal expertise without personally taking any financial risk.
What Compensation Can You Claim For Pharmacy Negligence?
When you file a claim for pharmacy negligence, there are two main types of damages you can claim for – General damages and Special damages.
General damages is compensation for the pain and suffering the negligence caused you. This includes both, physical pain and mental anguish. To get an idea of what amounts of compensation are typically advised for different injuries you can use the compensation calculator below.
Special damages include all of the monetary losses you’ve had to bear because of the pharmacy negligence. Under this category, if they are applicable, you would be able to claim for:
- Medical expenses related to the pharmacy negligence including the cost of the prescription medication itself, cost of medical treatment or hospitalisation, and cost of counseling.
- Travel expenses related to the pharmacy negligence.
- Loss of income and perks if you had to take time off from work
- Cost of home care if necessary.
There is no fixed amount of compensation awarded for pharmacy claims. Every claim is assessed based on its merits. The amount of compensation awarded to you will be calculated based on the type and severity of your injuries and your actual financial losses. Your personal injury solicitor will make sure to claim compensation for everything you are entitled to.
Please contact us today to discuss a pharmacy claim with a personal injury solicitor.