Can You Claim If A Pharmacy Gave The Wrong Medication Instead Of Your Regular Medication?

In this guide, we will discuss when you could be eligible to make a medical negligence claim if a pharmacy gave you the wrong medication instead of your regular medication.

We will outline the duty of care that all medication professionals owe, and how a breach of this duty could lead to a prescription error. Additionally, we will share examples of the evidence you could present to help strengthen your claim.

As you move through this guide, you will also learn how medical negligence compensation is evaluated and the different heads of loss you could be awarded for a successful claim. Furthermore, we will share some of the advantages of making a pharmacy negligence claim with the help of a No Win No Fee solicitor from our panel.

If you have suffered from receiving the wrong medicine due to a pharmacy error, speak to our advisors today, and they can provide a free assessment of your case. They can also help answer any questions you may have about the medical negligence claims process. Contact them today by:

Pharmacy Gave Wrong Medication Instead Of Regular Medication

Learn How To Claim If A Pharmacy Gave You The Wrong Medication Instead Of Your Regular Medication

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  1. Can You Claim If A Pharmacy Gave The Wrong Medication Instead Of Your Regular Medication To You?
  2. How Could The Wrong Medication Be Given By A Pharmacy?
  3. How Much Compensation For Wrong Medication Medical Negligence Claims?
  4. Evidence That Could Help You Claim If You’ve Been Given The Wrong Medication
  5. Make A Medical Negligence Claim On A No Win No Fee Basis
  6. Learn More About Claiming For Medication Errors

Can You Claim If A Pharmacy Gave The Wrong Medication Instead Of Your Regular Medication To You?

You may be able to make a medical negligence claim if a pharmacy gave you the wrong medication instead of your regular medication if you can prove that medical negligence occurred. Medical negligence is when a medical professional breaches the duty of care which they owe to you, and from this, you suffer harm that you wouldn’t have suffered otherwise (preventable harm).

All medical professionals owe a duty of care to all of their patients. To conform to their duty of care, medical professionals need to deliver the correct standard of care. Their actions cannot be outside the minimum expected level of care.

Thus, all pharmacies have a duty of care that includes ensuring they provide patients with the correct medication and dosage.

To be eligible to make a medical negligence claim for a medication error, you will need to prove:

  1. You were owed a duty of care from a medical professional, such as a pharmacist.
  2. This medical professional did not adhere to their duty of care.
  3. As a result of this, you experienced preventable harm.

If you have been provided with the wrong medication by a pharmacy and would like to see whether you may have a valid claim, contact one of our advisors.

How Could The Wrong Medication Be Given By A Pharmacy?

There are various ways that you could be provided with the wrong medication. Some examples of how prescription errors by a pharmacy could occur include:

  • A pharmacy gives you someone else’s medication due to mislabelling of containers. Taking the incorrect medication could lead you to suffer from a variety of symptoms. Additionally, not taking the correct medication could lead to your initial condition progressively worsening.
  • A pharmacy dispenses the wrong dosage of your medication. E.g. you are prescribed painkillers, but the dosage is too strong. This could lead to an accidental overdose and kidney failure.
  • The pharmacist misread the prescription the doctor gave you, so they gave you medication which you were allergic to. E.g. you have a known allergy to an ingredient in quinine, but you are still given it. This causes you to have an allergic reaction.

These are only a few examples of how a medication error could occur. However, to be eligible to make a pharmacy negligence claim, you must be able to prove that you suffered unnecessary harm due to a pharmacy breaching their duty of care.

To learn more about how prescription errors could occur, or to check the validity of your medical negligence compensation claim, contact a member of our team.

Prescription Errors Pharmacies

How Could Prescription Errors In Pharmacies Happen?

How Much Compensation For Wrong Medication Medical Negligence Claims?

If you have been given the wrong medication and make a successful clinical negligence claim, your compensation settlement will include general damages.

This compensates you for the pain and suffering you have endured due to a pharmacy breaching their duty of care and providing you with the wrong medication. Some of the factors that will be taken into consideration when this head of your claim is being valued include:

  • The severity of the harm you suffered.
  • The length of time of your recovery period.
  • If there are any psychological impacts.

The compensation guidelines found within the Judicial College Guidelines (JCG) and your medical reports are documents that are reviewed when the value of your general damages head of claim is being calculated. The JCG offers a list of physical and mental forms of harm with accompanying guideline compensation brackets.

We have used some of these guidelines in the table below that may apply to wrong medication claims. Please note that they should only be referenced as a guide. Additionally, the first entry has not been taken from the JCG.

Injuries Table

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Injury Severity Guideline compensation figures Comments
Multiple severe injuries plus special damages Serious Up to £1,000,000+ Compensation for each serious injury (if more than one is suffered) plus each of their financial impacts, such as home adaptations.
Brain damage Very severe (a) £282,010 to £403,990 In the top half of this bracket will include where the injured party will have some ability to follow basic commands, recovery of eye opening and return of sleep and waking patterns.
Moderately severe (b) £219,070 to £282,010 Cases where the person substantially depends on others and will be extremely seriously disabled.
Moderate (c) (i) £150,110 to £219,070 There is no prospect of returning to work for the person, plus their senses will be affected.
Kidney Serious and permanent damage (a) £169,400 to £210,400 Permanent damage to both kidneys that is serious, or they are lost.
Significant (b) Up to £63,980 Significant risk of either of developing a future urinary tract infection or the complete loss of natural function.
Loss of One Kidney (c) £30,770 to £44,880 No effect on the other kidney despite one being lost.
Bowel Double Incontinence (a) Up to £184,200 Double incontinence with the control of both urinary and bowel function will be totally lost.
Total loss of natural function (b) Up to
£150,110
The person will depend on a colostomy due to the complete loss of the natural function of the bowel.
Digestive system Damage/illness resulting from a non-traumatic injury (b) (i) £38,430 to £52,500 Severe toxicosis causing irritable bowel syndrome, vomiting, a fever, and continuing incontinence. The person will be in hospital for some days/weeks.

Claiming Financial Losses In A Medical Negligence Case 

Special damages is the second head of claim you could be awarded for a successful prescription error claim. It provides you with compensation for the financial losses you have experienced due to the medical negligence. Some examples may include:

  • A loss of earnings if time off work was needed.
  • Medical expenses, such as having to pay for additional medication after receiving the wrong prescription.
  • Travel costs for travelling to and from medical appointments.

Contact us to find out more about medical negligence compensation and how it’s evaluated. Our advisors can also answer any questions you may have about wrong prescription claims.

Prescription Error Claims

Learn More About The Prescription Error Claims Process

Evidence That Could Help You Claim If You’ve Been Given The Wrong Medication

Since you will need to prove that a medical professional’s breach of duty of care has caused you to suffer preventable harm, evidence is vital in supporting medication error claims. Here are the different types of evidence you could gather to support your claim if you were given the wrong prescription:

  • A copy of your prescription form and the medication you were given to prove that a prescription error occurred.
  • A copy of your medical records highlighting the harm you have suffered and the subsequent treatment you have needed.
  • Witness contact details so that their account can be taken at a later date.
  • Evidence of any financial losses or costs you have incurred due to being given the incorrect medication. For example, a receipt could help with proving that you had to pay for additional medication, and a payslip could help prove a loss of earnings.

These are only a few examples of the evidence that could be collected to support a pharmacy negligence claim for a prescription error. Contact our advisors today to discuss your wrong medicine case, and you may be connected with a solicitor on our panel who could help you claim compensation and gather the evidence you need.

Make A Medical Negligence Claim On A No Win No Fee Basis

If, after contacting us, we confirm that you have a valid clinical negligence claim for being given the wrong medication, we will pass you on to one of the solicitors on our panel who has experience with prescription error claims. All the solicitors on our panel generally offer their services to claimants on a No Win No Fee basis, specifically through a Conditional Fee Agreement (CFA).

There are various benefits to being represented under a CFA for your pharmacy negligence claim, including no upfront services fees to pay to your solicitor. Additionally, you will not be charged for the work they have provided during the process of your claim if it is not successful.

A success fee will be taken by your solicitor if you successfully claim compensation. A success fee is a percentage of your compensation. There is a legal cap in place that limits this percentage. This ensures that the majority of your compensation is still awarded to you.

If a pharmacy has given you the wrong medication instead of your regular medication, and you believe you may have an eligible medical negligence claim, don’t hesitate to contact us today. Our advisors can answer your questions about making a wrong medication claim, as well as offer you free advice. Contact them today by:

Wrong Medication No Win No Fee

Make A Wrong Medication Claim With A No Win No Fee Solicitor

Learn More About Claiming For Medication Errors

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Thank you for reading this guide on whether you can claim compensation if a pharmacy gave the wrong medication instead of your regular medication to you.