Pharmaceutical Negligence – Common Questions

Our team answers some commonly-asked questions about prescription, medication and dispensing errors.

Pharmaceutical Negligence – What is it?

This is when the pharmacy has made an error of some kind, such as prescribing you the wrong type of medication, the wrong dosage of medication or out of date medication.

As a result of such an error, a claimant has experienced an adverse reaction to the medication they were issued.

Who can claim?

Anyone mis-prescribed or dispensed incorrect medication who has experienced negative side effects as a result can claim.

This can include minors, with an adult such as a parent acting on their behalf. It can also include cases where the claimant is sadly deceased, with an executor acting on behalf of their estate.

When should you claim?

You have three years to bring a claim either from the date that the negligence occurred or the date you become aware of the negligence. The rules differ for minors, who have until they turn 21 years old.

Likewise, if an individual is bringing a claim on behalf of a deceased claimant, they have three years from the date of death. In any event, time is of the essence and therefore, it is best to contact Oakwood Solicitors sooner rather than later.

How would a Pharmaceutical Negligence claim be funded?

The claim would be run on a ‘No-win, no-fee basis’. This means that if your claim was unsuccessful, you wouldn’t pay us anything and if you were successful, 25% including VAT would be deducted from your damages to pay for our services.

As such, this incentivises us to get as much compensation as possible for you.

What sort of compensation would a Claimant expect to obtain?

It is difficult to provide a rough figure, as every claim is different and the compensation awarded is dependent on the severity of the case in hand. Some individuals experience sweating whilst others experience vomiting or hallucinations, or are admitted to hospital.

Recovery following the negligence coming to light can be even more complex if Claimant cannot return to the correct medication and/or dosage automatically.

Furthermore, compensation is split into two types:

General damages – The figure that covers the pain and suffering experienced as a result of the negligence and we are guided by case law and guidelines.
Special damages – This includes any specific losses suffered as a result of the negligence e.g. care costs, loss of earnings, travel expenses.

We would attempt to recover both types of compensation on your behalf if applicable.

Tips for potential Claimants

Have photographic evidence of the error. It is the Claimant’s burden to prove the claim, and a photo is the best and simplest way to prove the pharmacy breached their duty of care.
Report the error to the pharmacy in question and ensure that it is also logged by them.
Go to your GP and/or nearest walk-in centre or hospital to ensure that you are alright after the incident.
Contact us for a free consultation as soon as you can, bearing in mind the period of limitation. It is important to note that claims can take in the region of 18 months and therefore aren’t necessarily ‘quick’ – but we will try our best to keep matters moving as efficiently as we are able.