Pharmacy Negligence Lawyer
Pharmacists have a significant responsibility to provide advice, deliver the correct medication and handle substances carefully. If an illness or injury you have suffered has been worsened because of poor advice or negligence from a pharmacist or chemist, you may be entitled to claim compensation. This includes pharmacy errors such as giving you incorrect medication or the wrong dosage, or providing advice that does not meet the necessary standards.
The medical negligence lawyers at JMW are experienced in pharmacy negligence claims, and will guide you through the legal process towards the outcome you deserve. We understand the distress, pain and discomfort you may have endured as a result of negligence on the part of a pharmacist. We promise to work tirelessly to claim compensation on your behalf and ensure you receive damages that reflect the full impact of the harm you experienced.
Speak to a member of JMW's expert team of solicitors today about your pharmacist error claim by calling us on 0345 872 6666, or complete our online enquiry form and we will be in touch at a time that is suitable for you. We often handle clinical negligence cases on a no win, no fee basis, which means that there is no financial risk involved in pursuing a legal claim.
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Mistakes made by pharmacists when providing consultation to patients can have devastating consequences. In the most serious cases, receiving the wrong medication can mean that the original condition worsens, and may lead to prolonged pain and suffering for those affected. If a pharmacist has given you incorrect advice or made a mistake of any kind that has worsened your illness or injury, JMW Solicitors can help you claim compensation.
Our clinical negligence team is renowned for its professionalism, and we are recognised across the country as a leading law firm. Led by respected clinical negligence solicitors Eddie Jones and Angharad Hughes, our team includes lawyers who are members of the Law Society’s specialist panel of clinical negligence solicitors and the Action against Medical Accidents (AvMA) solicitors panel in recognition of their expertise.
JMW will take the time to understand the negligence you experienced, and advise you on whether you are eligible to make a claim. If so, we will handle the process on your behalf and work to resolve matters through negotiation where possible, to deliver your compensation as early as possible.
We can work on a no win, no fee basis in many circumstances, which means that there are no legal fees to pay if your claim is unsuccessful. If your illness or injury was caused by a prescription error, we can help you to claim compensation.
Meet Our Team
JMW's team has a wealth of experience in clinical negligence claims relating to medication errors and other pharmacy mistakes. Our thorough understanding of the serious consequences that can arise when prescription medications are handled or dispensed incorrectly puts us in a strong position to deliver the maximum compensation for every client.
When Can You Make a Medical Negligence Claim for Pharmacy Negligence?
If a pharmacy fails to meet the accepted professional standard of care, and that failure causes harm, this can give rise to a compensation claim. There are several types of mistakes that pharmacists may make in medical negligence cases, but as well as showing that a mistake was made, we also need to prove that the error led to an injury, deterioration in health, or avoidable suffering.
Examples of pharmacy negligence that may entitle someone to seek compensation, provided they experienced harm as a result, include:
Dispensing the wrong medication
If a pharmacist supplies a different drug from the prescribed medication, this can lead to adverse reactions, worsening of an existing condition, or new medical complications. Medication errors can include dispensing a completely different drug or a product intended for another patient, and such errors can have significant consequences, particularly where the substituted drug has different effects or contraindications.
Supplying the incorrect dosage or strength
Providing medication at the wrong strength can result in under-treatment or overdose, depending on whether the strength is too high or too low. In higher-dose errors, patients may experience toxicity, organ damage, or severe side effects. Lower-dose errors can allow a condition to progress untreated, which may have a serious impact where timely medication was required to control symptoms or prevent deterioration.
Incorrect labelling or instructions
Errors in labelling can lead patients to take medication unsafely. For example, if medication is missing warnings about taking medicine with food, avoiding alcohol, or spacing doses correctly, this can have serious implications for the patient's health. When a patient follows inaccurate dosage instructions, or those that specify the wrong frequency or an incorrect route of administration, this can also lead to harm for which liability may rest with the pharmacist.
Failure to identify drug interactions
Pharmacists are expected to check for known interactions between prescribed medicines and over-the-counter products. A failure to flag interactions that carry known risks may amount to negligence if the interaction causes injury that could reasonably have been avoided. Injuries that can arise from these interactions include increased bleeding, cardiac effects, or reduced effectiveness of the medication, which can affect patients even where the medication prescribed and dispensed is a suitable treatment for their condition.
Dispensing medication despite known allergies
If a patient’s records indicate an allergy or the patient has informed the pharmacy directly, supplying a medication that triggers that allergy can lead to serious reactions, including anaphylaxis. Claims can arise where the allergy information was available but not acted upon.
Delays in dispensing prescribed medication
Unreasonable delays in supplying medication can cause harm where treatment is time-sensitive. Medicines like antibiotics, anticoagulants, insulin or pain relief may be urgent, and where a delay leads to complications, extended illness or additional treatment, it may form the basis of a claim.
Failure to provide appropriate advice
Pharmacists have a duty to give accurate advice when supplying medicines, particularly for over-the-counter products or when a prescription raises safety considerations. This can include advice on side effects, contraindications, or when to seek medical review. A failure to do so may be negligent if it results in avoidable harm.
Errors with repeat prescriptions
Mistakes can occur when processing repeat prescriptions, such as continuing medication that should have been stopped, omitting necessary medication, or supplying outdated prescriptions. Where this leads to clinical consequences, liability may be established, which entitles the patient to compensation.
Compounding or preparation errors
In pharmacies that prepare bespoke or compounded medicines, errors in formulation, measurement or contamination can result in ineffective or unsafe medication. These cases often involve more complex evidence, but can result in claims where injury occurs.
If a pharmacist, pharmacy technician or medical professional has made a mistake in prescribing or dispensing medication, and you experienced harm as a result that should otherwise have been avoided, JMW's medical negligence solicitors can advise you on whether you are entitled to make a claim for compensation. We'll support you at every stage of the process and can make sure you receive the best possible corrective treatment where necessary.
What Is the Claims Process?
The claims process is the same in in every case, and it starts when you contact JMW. We will gather evidence on your behalf, identify the pharmacist or organisation that we believe was responsible for the harm you experienced, and contact them to inform them about your claim.
Most claims are resolved through negotiations between JMW and the liable party. In rare cases, we need to take matters to trial. Learn more about what the claims process involves in our guide to medical negligence claims.
How Much Compensation Can You Get for a Clinical Negligence Claim?
The compensation awarded in a potential claim depends heavily on the impact that an incorrect prescription or medication error had on you. It is tailored to each case and, to reflect the specific impact a mistake has had on your life, compensation is divided into general damages and special damages. General damages compensate for the physical and psychological effects of the injury itself, while special damages compensate for financial losses and expenses caused by the negligence.
The value of general damages is guided by Judicial College Guidelines, which take into account the nature of the injury, its severity, the duration of symptoms, and the extent of recovery. In pharmacy negligence cases, general damages may cover any pain resulting from adverse drug reactions and the worsening of any existing medical conditions due to delayed, incorrect, or ineffective medication. Where you have experienced psychological harm or lost the ability to carry out normal day-to-day activities or hobbies, you will receive compensation to account for this.
Special damages can cover past losses already incurred and future losses that are likely to arise. These losses must be supported by evidence, with future losses usually assessed with reference to expert evidence.
In pharmacy negligence claims, special damages may include:
- Lost earnings where the claimant was unable to work or had to reduce hours due to mistakes with medication. This includes future loss of earnings if the issue affects longer-term employment or earning capacity.
- Medical expenses, including prescription charges or corrective care.
- Travel costs for GP, hospital, or specialist appointments.
- Care and assistance provided by family members or paid carers.
- The costs of aids or equipment required due to your injury or the worsening of your condition.
The team at JMW will discuss your circumstances in depth to make sure we consider every type of loss you have experienced and work to secure the maximum compensation on your behalf.
Is There a Time Limit to Claim Compensation?
In most pharmacy negligence claims, you must issue proceedings at court within three years of when the negligence occurred. In some cases, the time limit may start from the date the injury was known if this was later than the date of the negligence, which is known in legal terms as the 'date of knowledge'.
If the person who was harmed by the negligent treatment is a child, the time limit will not begin until their 18th birthday, which means that they will have until they turn 21 to make a claim. If the person lacks the mental capacity to make a claim on their own behalf, there may be no time limit applied to their right to claim. Speak to JMW for advice if you believe you are entitled to claim and are concerned about any applicable deadlines, or read our guide to the medical negligence time limit.
Talk to Us
If you have suffered due to negligence on the part of a pharmacist, JMW Solicitors can help you to claim compensation on a no win, no fee basis. Contact our team for a no-obligation conversation by calling 0345 872 6666. Alternatively, complete our online contact form and we will arrange a call back time that is convenient for you.
