When Can I Claim Compensation If The Pharmacy Gave Me The Wrong Dosage Of Medication?

In this guide, we look at answering the question “Can I claim if the pharmacy gave me the wrong dosage of medication?”. There may be some cases where you could be eligible to make a medical negligence compensation claim after a medication error. We explore the criteria that need to be met in order to have valid grounds to do so, as well as the time limits that need to be adhered to, and the evidence you could collect to strengthen your case.

Additionally, we look at the duty of care medical professionals, including pharmacists, owe their patients and provide examples of how a medication error from a pharmacy could happen as well as the impact it could have.

Later, we discuss how medical negligence compensation is calculated should a wrong medication claim be successful and how the payout you’re awarded can address the different impacts of the negligent medication error.

The end of this guide discusses the main benefits of making a pharmacy negligence claim with a specialist solicitor from our panel on a No Win No Fee basis. 

For any further information about starting a potential clinical negligence claim, please contact an advisor from our team. They can offer free advice 24/7 and answer any questions you might have. To reach them, you can:

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  1. Can I Claim Compensation If The Pharmacy Gave Me The Wrong Dosage Of Medication?
  2. How Could Medication Errors From A Pharmacy Happen?
  3. What Evidence Could Help Me Claim If I’ve Been Prescribed The Wrong Dosage Of Medication?
  4. Potential Medical Error Compensation Payouts
  5. Can I Make A No Win No Fee Claim If A Pharmacy Gave Me The Wrong Dosage Of Medication?
  6. Read More About Making A Wrong Medication Claim

Can I Claim Compensation If The Pharmacy Gave Me The Wrong Dosage Of Medication?

Every medical professional owes a duty of care towards the patients that they treat. To abide by this duty of care, medical professionals need to deliver the correct standard of care. 

The ways in which medical professionals are expected to uphold the correct standard of care can differ depending on the field of medicine they work in. For example, the General Pharmaceutical Council is the regulator for pharmacists, pharmacy technicians, and registered pharmacies in Great Britain. They set standards and guidance which describe how safe and effective care needs to be delivered. 

If there is a failure by a pharmacist to provide care of the correct standard, there is a potential for the patient to experience harm that could have otherwise been avoided. However, in order to have valid grounds to make a medical negligence claim after a pharmacy gave you the wrong dosage of medication, you must be able to prove:

  1. A medical professional owed a duty of care to you. 
  2. This medical professional breached their duty of care.
  3. Due to this breach, you suffered harm that could’ve been avoided. 

If you have evidence that you suffered avoidable harm due to a prescription error or another type of medication error that led to you being given the incorrect dosage, get in touch with our team. An advisor can assess your case to determine whether you have eligible grounds to seek compensation.

Is There A Time Limit When Making A Wrong Medication Claim?

The standard time limit for medical negligence claims is 3 years. The 3 years begin from either the date medical negligence occurred, or the date you became aware of medical negligence. The Limitation Act 1980 establishes this time limit. 

However, if the claimant is under 18 years old or if they lack the mental capacity to make the pharmacy negligence claim themselves, then the standard time limit will be paused. 

You can find out more information about the exceptions to the claims time limit by calling our helpful team on the number above. They can assess whether you still have enough time to start your claim for medical negligence compensation.

How Could Medication Errors From A Pharmacy Happen?

Here are several examples of how a pharmacy could provide the wrong dosage of medication to you as a result of providing substandard care.

  • A pharmacist may fail to read your prescription properly and note down the medication dosage incorrectly. As a result, when preparing your prescription, they give you a higher dosage than you were originally prescribed.
  • Your prescription is mixed up with another patient’s. Both are for the same medication but at different dosages. As a result, you end up receiving the wrong medication dosage. 

If the dosage of the medication is too low, it could lessen the effect of the medication. If the dosage is too high, it can lead to serious consequences, such as internal bleeding, organ damage, or a heart attack from an accidental overdose

However, in order to make a precription error or wrong dosage claim, you need to prove that a medical professional breached their duty of care causing you avoidable harm.

Speak to our team about the specific circumstances surrounding your case today. They can discuss other examples of prescription error claims to help you understand when you could be eligible to seek compensation.

Open Bottle of Prescription Painkiller Pills

What Evidence Could Help Me Claim If I’ve Been Prescribed The Wrong Dosage Of Medication?

You may be wondering “Can I claim if a pharmacy gave me the wrong dosage of medication?”. As mentioned, you must be able to demonstrate that you meet the medical negligence claims eligibility criteria.

As such, you could benefit from gathering evidence to show that a medical professional breached their duty of care resulting in you suffering avoidable harm due to a medication dosage error.

Examples of the types of evidence you could collect to prove medical negligence include:

  • A diary of your symptoms and treatment.
  • Copies of any medical records, such as prescriptions you were given and doctor reports detailing any treatment you were given.
  • Photographs of any visible harm.
  • Contact details from any witnesses, such as anyone who was there when you collected your prescription from the pharmacy, or anyone who attended subsequent medical appointments.

If you are connected with a solicitor from our panel, they can help you collect the evidence you need for your case. They have experience handling medical negligence claims and could assist you with seeking compensation following a medication error. Find out whether you could be eligible to instruct them and benefit from their helpful services by calling the number above.

Potential Medical Error Compensation Payouts

You might be wondering “How much compensation could I be awarded if the pharmacy gave me the wrong dosage of medication?”. If you make a successful medical negligence claim, you could be awarded a settlement consisting of up to two heads of loss.

Firstly, general damages compensate for the physical and psychological impacts of medical negligence. In order to calculate the value of this head of loss, the Judicial College Guidelines (JCG) can be looked at alongside a medical report from an independent medical assessment that can be arranged for you as part of the claims process.

The medical report gives an in-depth overview of the full extent of the medical negligence, whilst the JCG is a publication that contains guideline compensation brackets for different types of harm.

Compensation Table

Apart from the top figure, all figures in the table below are found in the JCG. This table is a guide only as settlements for wrong medication claims will differ depending on your unique case. 

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Injury Severity Guideline Compensation Bracket Comments
Multiple serious injuries or illnesses plus their monetary losses Serious Up to £1,000,000+ A payout consisting of compensation for the physical and psychological effects of medical negligence plus any financial losses incurred as a result, such as lost wages, medical costs, and travel expenses.
Brain damage Very severe (a) £282,010 to £403,990 The injured person will show a little meaningful response to their surrounding environment. They will also have double incontinence, little language function, and will need nursing care full-time.
Moderately severe (b) £219,070 to £282,010 The injured person will have a very serious disability. They will need constant professional care and substantially depend on others.
Moderate (c) (i) £150,110 to £219,070 There will be a personality change, an effect on the senses, a moderate to severe intellectual deficit, and no prospect of employment for the injured person.
Kidney Loss or permanent and serious damage (a) £169,400 to £210,400 Impact on both kidneys.
Significant risk or other total loss (b) Up to £63,980 A future significant risk of contracting a urinary tract infection or other total loss of natural kidney function.
Loss of one kidney (c) £30,770 to £44,880 The remaining kidney will not be affected.
Bowels Double incontinence (a) Up to £184,200 With other medical complications, there will be a total loss of urinary function and control as well as a loss of natural bowel function.
Digestive system Illness resulting from non-traumatic injury (b) (i) £38,430 to £52,500 Severe toxicosis which causes serious acute pain, diarrhoea, fever, and vomiting. Hospital admission for some days or weeks is required.

Special Damages When Claiming For A Medication Error

Secondly, special damages compensate for the money that you have lost due to medical negligence. Some types of financial losses that you might have incurred include lost earnings and medical expenses, such as prescription costs. 

You will need to prove these expenses in the form of receipts, payslips, invoices, or bank statements. 

Contact us to learn more about how much compensation could be awarded in successful pharmacy prescription error claims.

Can I Make A No Win No Fee Claim If A Pharmacy Gave Me The Wrong Dosage Of Medication?

You can potentially make prescription error claims after being given the wrong medication with a specialist No Win No Fee solicitor from our panel. The type of agreement that they provide is a Conditional Fee Agreement (CFA). The terms of this contract typically mean no fees will be required for your solicitor’s services at the following times:

  • Before making your claim. 
  • Throughout the claims process. 
  • If your claim is unsuccessful.

There will be a success fee taken from your compensation if your claim is successful. This is taken as a legally capped percentage ensuring that you keep most of your award. 

Contact Us 

If you are still wondering, “Can I claim compensation if a pharmacy gave me the wrong dosage of medication?”, our team can help. They are available to talk with you 24/7 about your potential medical negligence claim and assess whether you have valid grounds to seek compensation. Additionally, they might be able to connect you with a solicitor from our panel who could get started on your case. 

For more information, you can:

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Read More About Making A Wrong Medication Claim

For more of our guides relating to medical negligence claims:

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We hope this guide has answered the question, “When can I claim compensation if the pharmacy gave me the wrong dosage of medication?”. However, if you have any other questions, please don’t hesitate to contact an advisor on the number above.