Can I get compensation if a pharmacy makes an error with my medication?
Published - 28/09/2023
Millions of medications are dispensed in the UK every day. Ensuring patients receive the correct medication is crucial; however, medication errors can occur, potentially leading to serious patient consequences including death. If you have experienced a pharmacy medication error, you may wonder if you are entitled to compensation.
This article explores the circumstances in which you can make a medical negligence claim for a medication error. We explain the damages that may entitle you to compensation, the potential amount of compensation, what to do after a medication mistake, and the importance of seeking legal advice.
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Have you received the wrong medication from a pharmacy technician? Check your eligibility for compensation.
Has your wrong prescription caused physical harm, distress or financial loss?
We explore how much you could get if a pharmacy error causes you harm
Report all dispending errors and seek legal advice if you suspect medical malpractice.
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When can you get compensation for a medication error?
To be eligible for compensation, you must have suffered a personal injury or special damages that were the direct cause of medical negligence from pharmacy staff.
Examples of cases where someone could make a claim include,
- Dispensing the incorrect medication,
- Providing the wrong dosage,
- Failure to warn about potential side effects or drug interaction,
- Mislabeling medication.
With thousands of medication errors occurring every day, the vast majority do not lead to a negligence claim. An even smaller proportion results in a successful medical error compensation claim. Only cases where medical negligence caused significant harm can lead to a medical malpractice claim.
We define medical negligence as a failure to provide the standard of care that a reasonably competent medical professional would have provided in the same situation. Read some examples of pharmacy negligence.
| Pharmacy negligence | Factors out of a pharmacist's control |
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Contact a specialist solicitor if your circumstance is not listed above – see if you could be eligible for medical negligence compensation.
What damages entitle you to medical negligence compensation?
To make a medical negligence claim, you must demonstrate that you've been significantly affected by the medication error. Lawyers categorise damages as general and special damages. General damages refer to personal harm, while special damages encompass the financial losses incurred as a direct result of the medication error.
You could be eligible to make an injury claim on the following General damages and receive proportional compensation:
- Pain and suffering
- A worsening or persisting of your condition
- Psychological distress
- An adverse drug interaction or reaction
- A decrease in quality of life caused by pharmacy negligence
You could also be eligible to claim for medical expenses, lost wages, travel expenses or any other financial losses caused by a medication error.
Have you been affected by a pharmacy medication error? Speak to a medical negligence solicitor
How much compensation could you get?
Common cases of dispensary errors causing injuries include allergic reactions, organ damage, untreated conditions, or drug interactions. The amount of compensation awarded depends on the severity of the injury and its impact on the individual's life.
Common injuries can range from a few hundred pounds for pain and suffering to several hundred thousand pounds for permanent bodily disablement or brain injury. Add any special damages to your potential compensation payout.
Speak to a medical negligence lawyer to see whether your case breaches the law and how much you could be owed. Experts in clinical law can estimate your possible compensation based on the severity of your injuries/losses.
What should you do after a medication mistake?
If you have experienced a medical error from a pharmacy, contact your prescribing doctor and the hospital or community pharmacy responsible for the error. If you have ingested the wrong drug, seek medical advice immediately. When reporting the medication error to the pharmacy, include details of the error, the medication involved, the dosage, and any adverse effects experienced. This record can support your negligence claim later if you decide to pursue compensation.
Not every medication error leads to a legal claim. However, adequate medication error reporting is also crucial for guiding training programs and helping prevent future medication errors. We explain when patients should file a complaint versus making a claim.
Minor medication errors that did not cause significant harm or injuries that clearly didn't result from negligence should be resolved with a formal complaint. Although you can't receive compensation, you can request the pharmacy take action in response to the dispensing error.
If you have suffered a serious personal injury or significant financial losses that could be the result of negligent treatment, consulting a legal professional experienced in medical negligence claims is advisable.
Getting legal help for a medication error claim
Even at the best of times, it can be challenging to build a strong medical negligence case without legal guidance. We also understand the difficulty revisiting your experience with medical negligence. For this reason, you will want to choose a specialist medical negligence solicitor.
Wake Smith clinical negligence solicitors will collect evidence for your case, liaise with medical experts and healthcare authorities and provide valuable guidance to patients affected by a medication error. At your free initial consultation, an experienced lawyer will assess the strength of your case. With a no-win no-fee approach, you may have nothing to pay if your claim is unsuccessful.
Contact our Medical negligence team; see how much you could be owed