How to sue your pharmacy for negligence is a popular question as it happens so often. Suing your pharmacy for negligence is straightforward when you have the evidence. 

Most pharmacy negligence cases are resolved in less than a few months, as the evidence is usually clear and undeniable.

Each step of suing your pharmacy for negligence will take you closer to getting the compensation you are due for the pharmacy negligence.

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What is pharmacy negligence?

Pharmacy negligence is when you suffer from an error at the pharmacy. There are a number of types of pharmacy negligence, and each one can seriously affect your health. 

You sue a pharmacy for negligence because of the effects on your health and the costs of putting everything right.

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The three types of common pharmacy negligence claims

The three types of pharmacy negligence are seen over and over again in pharmacies across the UK. Each type of pharmacy negligence is avoidable if the pharmacists practice due diligence with every customer. Unfortunately, this does not always happen.

The three types of pharmacy negligence are:

Wrong medication, right label

Wrong medication, right label is when you are given the incorrect medication, but the label on the box has your name and the correct prescription details.

The medication name on the label should always match the medication name on the box and the name on the label must always be your name.

The pharmacy should have two pharmacists on duty to double-check what is being given to you, and every label should be initialled to verify the checks. When the label has your details, but the medication box is incorrect, you are not getting what your doctor prescribed.

Being given the wrong medication with the right label is pharmacy negligence, and you can sue for compensation for the effects on your health.

Wrong dosage errors

Wrong dosage errors are when you are given too high or too low a dose compared to the one prescribed by your doctor. The pharmacy negligence can also be an incorrect dosage compared to the dose which is on the prescription.

Your doctor may want you to be on three 500mg tablets twice a day. If the pharmacy gives you 250mg tablets, you are on too low a dose, and the opposite can happen if given 500mg tablets when you should be on 250mg.

Printing instructions on your label different from the prescription will put you on an incorrect dosage regime.

Wrong dosage errors will seriously affect your health, and you can sue your pharmacy for negligence when they happen.

Being give someone else’s medication

Being given someone else’s medication is pharmacy negligence that should never happen. With this pharmacy negligence, you are given medication that is not meant for you and which has not been prescribed to you.

It could be that a label with your name is put on someone else’s bag without any checks at the pharmacy. A double check by pharmacy staff would avoid this error from happening.

The negligence can be a box of medication belonging to someone else that is mistakenly put in your bag. You have the proper medication according to your prescription but with an extra box or boxes in the bag.

If you take someone else’s medicine, you could be very ill and suffer serious side effects.

Suing your pharmacy for negligence could prevent the same mistake from happening to someone else.

Pharmacy negligence claims should never happen

Pharmacy negligence claims should never happen, but they do. Two pharmacists should initial the label on the bag or box of medication. By doing this, they are saying they have both checked the medicine being dispensed, and all is correct. 

There is no excuse for two trained pharmacists to make the same mistake at the same time. You would be amazed how common this mistake is, though, which is why people sue their pharmacy for negligence.

What can you claim for when suing the pharmacy for negligence?

You claim for pain, suffering and loss of amenity when suing the pharmacy for negligence. The effects on your health can be very serious when taking the wrong medication or the incorrect dose of medication. 

Even worse, you are not taking the medication prescribed for your condition. Not only will you suffer, but your original symptoms are not improving and may even get worse.

Are you eligible for compensation?

If you want to obtain compensation for the negligence you have suffered, we have a simple 3 step process to make sure you get the money you deserve

  • Take our online assessment & speak with our team

  • Our team of doctors and lawyers will undertake a full medical review based on your medical records

  • We will send a legal letter of claim and our solicitors will pursue your compensation on your behalf

All case reviews are 100% cost and commitment free.

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The impact on your health from pharmacy negligence

The impact on your health from pharmacy negligence comes in five ways—the quintuple effects on your health features in most pharmacy negligence claims. 

You may suffer from all five effects or a combination of them. Regardless of the number of impacts, your health is suffering, and you can sue your pharmacy for negligence.

The five possible impacts on your health from pharmacy negligence are:

An abrupt stop of your correct medication

An abrupt stop of your correct medication can have an immediate, catastrophic effect on your health. Being given the wrong medication means you are suddenly not getting your usual, prescribed medicines. 

When you suffer pharmacy negligence for an abrupt withdrawal from your correct medication, you could suffer withdrawal syndrome and need hospital attention.

The abrupt stop of the incorrect medication

You could suffer withdrawal syndrome if you suddenly stop taking the incorrect medication, but if you continue to take it, you will continue to suffer the side effects.

The abrupt stop of the incorrect medication is an avoidable impact. 

Always contact your GP when in doubt over medication. They will advise you whether you can stop taking the incorrect medication immediately or need to be weaned off it. 

Either way you could suffer the withdrawal symptoms of a medication you never needed in the first place. 

The immediate start of incorrect medication

The immediate start of an incorrect medication can bring on many side effects, which you should not be suffering. 

You are put on a medication or a medication dose that can shock your body and make you seriously ill.

An immediate start of the incorrect medication and the associated side effects from that medication leads to suffering and loss of amenity.

Not receiving the benefit of your correct medication

Not receiving the benefit of your correct medication happens when you are given the wrong medicine at the pharmacy. The correct medication has been stopped, and your health is at risk as you are not getting the benefit of your usual medication.

Take the example of blood thinners for atrial fibrillation. If the blood thinners are abruptly stopped, you are in danger of a stroke. Strokes can happen quickly; if you suffer one, the impacts are life-threatening. 

It would be a very high-value case when suing the pharmacy for negligence. 

Allowing time for your correct medication to take effect

Allowing time for your correct medication to take effect slows the easing of your original symptoms. It may not be possible for you to start taking the correct medication until weaned off the one given in error.

Some medications need to be gradually increased, known as titration. Titrating a medication up to the correct dose will take time, and you may suffer as you do so.

In some cases, it can take weeks to receive the full benefit of your correct medication. 

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What steps are involved in suing your pharmacy for negligence?

The steps involved in suing your pharmacy for negligence are easy to follow. If you take each step as it comes and gather all the evidence, you will quickly build a compensation claim against the pharmacy.

Step 1: Take pictures of the incorrect box, label and contents

Take pictures of the incorrect box, label and contents as soon as you realise the pharmacy negligence happened. Ensure you take clear images of the incorrect medication boxes, the labels and box contents. The photos are a crucial first part of a pharmacy negligence claim. 

In most pharmacy negligence claims, the pharmacy is sued because the label has your correct prescription details, but they have picked the wrong box of medication from the drawer where it is stored. 

The photos will be strong evidence when successfully suing a pharmacy for providing incorrect medication or giving you the wrong dosage

Step 2: Contact your GP to advise them of the mistake

Contact your GP to advise them of the mistake immediately. They will advise you on stopping the incorrect medication and restarting your correct prescription

It is not always as simple as stopping one and restarting the other medication. In some cases, there will be a gradual increase when you restart your correct medication after the pharmacy negligence.

You may also be experiencing symptoms which will need your GP’s help, or you may need to attend hospital for blood tests or an ECG. 

If needed, contact NHS 111 or go straight to A&E.

Step 3: Contacting an experienced pharmacy negligence solicitor

Contacting an experienced pharmacy negligence solicitor, such as the Medical Negligence Team, is a logical step. The right solicitor knows how to sue a pharmacy for negligence and will have the experience to get you the compensation you deserve.

Your medical negligence solicitor will take on your pharmacy negligence claim on a No Win No Fee basis. A good solicitor firm will also guarantee that you receive 100% of the medical negligence compensation awarded.

Don’t let any solicitor tell you they must take a cut or success fee from your compensation. There are expert pharmacy negligence solicitor firms who will take on your claim on a No Win No Fee, 100% compensation basis, like us at the Medical Negligence Team.

When you have the right solicitor, let them check the evidence before you contact the pharmacy.

Step 4: Contact your pharmacy to report the incident

Contact your pharmacy to report the incident only when you have a copy of the evidence. You will need to return the incorrect medication to get the correct ones for your prescription.

Never return the medication unless you have clear and backed-up pictures of the medication box, label and its contents. 

The pharmacy will have a procedure for conducting an internal investigation when pharmacy negligence happens.

Ask the pharmacy to send you a copy of their internal investigation when they have completed it. 

Step 5: Requesting your medical records

Requesting your medical records is necessary to prove the effects of the pharmacy negligence on your health. 

Once you have signed the legal paperwork with your pharmacy negligence solicitor, they will request the medical records from your GP and pharmacy. 

If you had to attend hospital, your medical negligence solicitor would also request those records. 

The pharmacy, GP and the hospital have 30 days to provide the records. 

Step 6: Drafting a letter of claim

Drafting a letter of claim is done by your solicitor once all the records have been received. The letter of claim lays out the pharmacy negligence and its effects on your health.

Your solicitor sends the letter of claim to the negligent pharmacy.  

Step 7: The pharmacy responds

The pharmacy responds to the letter of claim once they review your evidence of pharmacy negligence. In more than 95% of pharmacy negligence cases, the negligent party’s insurers will make an offer of compensation when responding to the letter of claim. 

Pharmacy negligence claims generally settle quickly as the evidence of negligence is clear and is supported by your medical records.

Step 8: Finalising the valuation of your claim

Finalising the valuation of your claim happens once the pharmacy admits negligence. Your solicitor will know if the offer made in response to the letter of claim is suitable.

The pharmacy negligence solicitor will work with you to finalise the valuation of your claim. They will advise you on what you should or should not accept for the pharmacy negligence.

The experience of a top-quality solicitor comes into play when finalising the valuation of your claim.

Our Process

Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.

Medical Evaluation

Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.

Legal Letter

Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.

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How much can you get for a pharmacy negligence claim?

You can get amounts from around £1000 to over £1m for a pharmacy negligence claim. The amounts awarded depend on the pain, suffering and any care needs. 

You can also take into account any time off work and expenses incurred when the pharmacy negligence happened.

The higher amounts, such as the £1m figure, cover the very serious effects of pharmacy negligence. If someone’s blood thinners were negligently stopped by a pharmacy and they suffered a stroke, it could affect the rest of their lives. The claim could run into the millions for ongoing care requirements, housing adaptations and loss of future earnings.

Always keep copies of receipts, pay slips and bank accounts to show where you have suffered loss due to the pharmacy negligence.

How long will it take to get compensation for a pharmacy negligence claim?

It does not take long to get compensation for a pharmacy negligence claim. Pharmacy negligence claims are usually settled in a matter of weeks or months. 

They settle quickly as it is very difficult to deny a claim of pharmacy negligence. If you are given incorrect medication and have reported the side effects to a medical professional, the records are clearly in your favour.

When you keep all the photographs of the evidence and have a full doctor’s report, the pharmacy negligence is very difficult to deny.

Have you been a victim of medical negligence?

Contact us at the Medical Negligence Team when you suffer pharmacy negligence. We have a full staff of legal and medical experts to handle your claim from start to finish. Our experienced team will get you the compensation you deserve for the negligence you experienced.

At the Medical Negligence Team we operate a full No Win No Fee policy and a 100% Compensation Guarantee scheme. You will get every penny from your compensation claim. 

Contact us today for all your medical negligence needs.