Have you or someone you love been given the wrong dosage of medication, or perhaps given the wrong medicine entirely because of a Day Lewis pharmacy prescription error? Did it cause you or your loved one to suffer from ill-health? If the answer is yes, you may be eligible to make a pharmacy claim for compensation.
Pharmacists in any pharmacy, whether it is a community or hospital pharmacy, have a duty of care to provide a level of service that enables them to meet and maintain the standards and code of ethics set by the General Pharmaceutical Council. Pharmacists responsibilities include dispensing the correct medication from a prescription, providing professional medication advice when needed, alerting the patient to any possible medicine interactions or side effects, checking the prescription with the prescribing doctor if anything appears to be wrong, carefully supervising any junior dispensary staff and making sure tasks such as date checking stock is undertaken regularly. If a pharmacist makes a mistake such as giving out the wrong prescription, they could be found in breach of their responsibilities and duty of care. If their negligence causes the patient to suffer an illness or injury as a consequence, or their existing condition is worsened as a direct result, it’s possible a claim for medical negligence may be made.
Being given the wrong prescription or wrong medication can cause a number of different health issues, some being mild, some serious and some even fatal. If you have suffered, or someone you love has suffered due to the negligence of a Day Lewis Pharmacy and you are contemplating whether or not to start a claim for a Day Lewis Pharmacy wrong medication error, Legal Helpline can give you the assistance and help you need. You can contact us on 0161 696 9685 for free help and advice.
Select A Section
- A Guide On Claims For Medication Errors Against Day Lewis Pharmacy
- What Are Medication Errors By Pharmacies?
- What Do Pharmacists Do?
- What Errors By Pharmacists Could People Claim For?
- What Are The Effects Of The Wrong Medications?
- Raising A Concern About Your Pharmacist
- Check That You Could Make A Prescription Error Claim
- Pharmacy Wrong Medication Compensation Claims Calculator
- Special Damages Which May Be Claimed
- Steps In Making A Claim Against A Pharmacy
- Why Let Us Handle Your Claim?
- No Win No Fee Wrong Medication Negligence Claims Against Pharmacies
- Begin A Wrong Medication Claim
- Resources And Helpful Links
Medical negligence claims are often complex processes that can take several months to conclude. Trying to go through the process on your own without any legal guidance is a very daunting prospect for most people and so Legal Helpline has written this guide in order to give some assistance. In the guide you will find helpful information such as; what medication errors by pharmacies are and what type of errors people can claim for, what the effects of taking the wrong medication are, how to raise a concern about your pharmacist, how to make sure you have a valid claim, and what types of damages you can claim for. We also discuss in the guide how much compensation could be paid, how to start your claim and the benefits of hiring an experienced medical negligence lawyer. After reading through the guide you should feel a little more informed, but of course, if you have any more questions or concerns you can speak to the Legal Helpline team.
Pharmacists can be classed as medical professionals as they have extensive knowledge regarding medicines and their uses and effects, and so they, like other medical professionals such as doctors, owe you a duty of care. Wrong medication by pharmacies can include various possible mistakes and result in minor or very serious consequences. Examples of prescriptions errors and pharmacy mistakes include:
- Dispensing the wrong dosage
- Dispensing the wrong medicine
- Dispensing medicines that adversely react if taken together without consulting the patient to alert them, or without consulting the GP if necessary
- Giving out the wrong prescription
- Incorrectly reading the prescription
- Dispensing the right medicine but in the wrong strength
Although some errors may only cause minor side effects such as mild nausea, dizziness, mild diarrhoea, and headaches with no lasting effects for example, sometimes they can cause more serious conditions such as in the case of an adverse drug reaction, an allergic reaction which could lead to anaphylaxis or even loss of life. A prescription error could result in someone’s existing illness becoming worse, or cause a new health condition to occur altogether.
Regardless of how it occurred, if you have been made ill due to the negligence of a Day Lewis Pharmacy, you may be entitled to claim for damages depending on the circumstances.
Pharmacists have various roles within their profession which they are required to carry out with care whether working in a hospital or in the community or in manufacturing or prisons for example.
The roles of the pharmacist and pharmacist’s responsibilities include:
- Checking the quality of the medicines given to patients.
- Making sure that the patient’s medicines are suitable for them.
- Ensuring that medicines given are correct in accordance with the law.
- Giving patient’s advice regarding their medication such as making sure they know how to take them correctly, alert them to any possible side effects or possible adverse reactions with other medication etc.
- They should supervise the supply chain of medicines and make sure the pharmacy and its systems are suitable for its purpose.
- When required, they need to give advice to other medical professionals regarding the effective and safe use of medications, and their supply.
- Advise patients on which pharmacy and over the counter medicines they could purchase for their symptoms that are suitable for them.
- They are also expected to provide some services such as blood pressure checking, smoking cessation, and management of cholesterol.
- To carefully supervise the preparation and production of medicines and check the quality of the medicines before they are supplied from pharmaceutical manufacturers.
If a pharmacist fails in their duty of care to carry out their role professionally and to the expected standards as set by the GPhC, and someone is harmed because of their negligence, they may be held responsible should a claim be brought against them.
There are a variety of potential errors that could occur in a pharmacy that people might be able to make a claim for. Not all prescription errors will result in a medical negligence claim, sometimes if someone has suffered due to a pharmacist’s negligence, there may be a valid reason to claim compensation. For example, if a prescription error was made by the pharmacist but the patient realised before they had actually taken the medicine, and therefore was not harmed in any way and the pharmacist corrected the error even if they’d already left the pharmacy and had returned home, then there would not be a legitimate reason to claim as no-one had been harmed, but if an error had been made and the patient had taken the wrong medication because of the pharmacy’s negligence resulting in them becoming ill, then they could have a valid claim.
Some of the potential errors that could be claimed for depending on the circumstances include:
- Dispensing and giving the wrong prescription
- Mixing the medication incorrectly on the prescription
- Administration mistakes
- Giving the wrong instructions on how to take or administer the medication prescribed
- Using out of date or damaged stock to make up the prescription
If you have been harmed due to a Day Lewis prescription error, you may have the right to make a claim for damages and the pain and suffering you have endured. Call Legal Helpline to discuss the facts surrounding your ordeal and we will be able to help you to deduce if you have a valid claim.
There are numerous effects that can occur due to taking the wrong medication, some being fairly mild, but some much more serious and sometimes even fatal.
In some cases, health problems may arise due to having the wrong medication or dosage supplied. An existing condition that was being treated long term may begin to worsen due to the disruption of regular medication, in fact, with some medicines, it is dangerous to stop suddenly and so other problems may result. Or a new condition that was to be treated has worsened as the medication to stop it progressing has not been taken. In other cases, the wrong medication may cause a completely new set of health problems, some mild and temporary, but others more serious with long term damage and also sometimes life-threatening.
Some of the effects the wrong medicine may cause include:
- Increased or decreased blood pressure
- Kidney damage
- Liver damage
- Allergic Reaction
- Heart failure
If you have suffered, or someone close to you has suffered or even lost their life due to the negligent actions of a pharmacy, it’s possible you could make a clinical negligence claim if you file a claim within the claims time limit, we discuss the time limits further on in the guide.
The General Pharmaceutical Council (GPhC) is an organisation that governs the work carried out by registered pharmacists in all pharmacy professions. They set the standards and code of ethics which all pharmacists are required to meet and abide by in order to give the public protection and assurance that the care and service they receive from a pharmacist meets the minimum standard set and doesn’t fall below the expected level of care. The GPhC ask pharmacists and pharmacy professionals to provide evidence that they are meeting the required standards and also make pharmacy inspections.
In accordance with the Pharmacy Order 2010, the GPhC is expected to investigate any reports of concerns regarding pharmacists and pharmacy staff such as technicians and dispensing staff and any concerns about pharmacies, if it is felt that public safety was in any way at risk. If you have a concern about your pharmacy, pharmacist or dispensing staff, or need to report an error on their part, you should contact the GPhC and give them all of the necessary details. Things that you might report a pharmacy or pharmacist for include:
- Unprofessional or inappropriate behaviour of a serious nature.
- Dispensing errors such as giving out the wrong prescription, wrong medicine, incorrect dosage, dispensing out of date or damaged stock, and incorrectly labelling medication.
- Any criminal convictions or cautions even if not related to their profession.
- Any fraudulent or dishonest behaviour.
- Working whilst under the influence of alcohol or drugs. This may include abuse of legal prescription medicines or substances as well as illegal drugs and other substances.
- Any health problem or illness that a pharmacist or pharmacy dispensing staff have that could possibly affect the way in which they work should be reported to be investigated as a precaution.
- Not being registered with the GPhC. This is a legal requirement and no pharmacist is legally allowed to practice pharmacy without being registered.
If you have been harmed by your pharmacist’s negligent actions at a Day Lewis Pharmacy, you should report the incident as soon as possible to the GPhC. It would also be a good idea to report the incident to the head office at Day Lewis Pharmacy’s. If you can ask for a copy of the reports as these could be used as evidence if you decide to proceed with launching a medical negligence claim.
As mentioned earlier, not all pharmacy wrong medication errors will result in a medical negligence claim. As with any claim, the negligence and liability needs to be proven. Before embarking on filing a claim for compensation, you should check through the following which may help you to decide if you actually have a legitimate claim:
- Were you given the wrong medication, wrong strength of medication or the wrong dosage or instruction?
- Did the error cause you to be ill?
- Was it the pharmacist’s fault?
- Was it an avoidable error?
Another point you need to consider is, did it happen within the claims time limit? In most cases this is 3 years from the date of the incident or the date in which your resultant ill health was first noticed or diagnosed. Occasionally the time limits can vary and so it is worth checking with an experienced team such as Legal Helpline, they can also look at your individual case and determine if you could make a claim or not.
Once you have established if you have a lawful reason to make a claim, you may question how much compensation you could receive if your case was triumphant. With this in mind, we have included a table to show some of the amounts that may be given for certain injuries by the Judicial College Guidelines. We cannot give an exact prediction of what your individual case amount may be as there are so many different variables that added together bring the final compensation value, but this will at least give you some idea of what is possible.
|Severe Toxicosis||£36,060 to £49,270||Cases in this bracket could cause serious levels of pain and could also cause fever, vomiting and diarrhoea. Patients could require admission to hospital and may have to stay in hospital for some time. The patient could go on to develop IBS (irritable bowel syndrome). This type of injury could have a significant effect on their ability to perform their usual work.|
|Short-lived poisoning||£8,950 to £18,020||Cases in this bracket would cause diarrhoea and vomiting where symptoms would begin to lessen after a period of around two to four weeks. However, some ongoing disturbances with food enjoyment, sex life and uncomfortable bowel function could remain a problem.|
|Poisoning||£3,710 to £8,950||Cases in this bracket could include poisoning that causes serious discomfort in terms of stomach cramps and an alteration of the bowel function as well as some fatigue. The patient may have to stay in hospital for a number of days. Symptoms may last for a few weeks; however, full recovery could happen within a year or two.|
|Poisoning||£860 to £3,710||Varying degrees of pain, diarrhoea and cramps that could continue for many days or weeks and can be disabling.|
|Kidney damage||Up to £60,050||Some cases in this bracket may cause claimants to have a high risk of developing a future urine infection or complete loss of natural kidney function over time. Cases like these could bring a substantial level of medical expenses.|
|Bowel damage||£41,850 to £65,440||Severe abdominal injury which causes impairment of function. This may restrict the patient’s ability to perform their usual work and could affect what they could eat.|
Remember, these are only guideline amounts and do not mean that you will receive these quantities if your claim secures compensation.
As stated above, there are a number of variables that affect the total amount of compensation given if a case is successful, these include:
- These are awarded for the actual injury or illness caused by negligence, these may be physical, psychological or both. The amount awarded will depend on the level of pain and suffering endured, recovery time, any lasting effects and at what level the claimant’s well-being and lifestyle have been affected.
- Travel Expenses – If the claimant has had to pay travel expenses as a direct result of their injury or illness, these should be included in the claim.
- Medical Expenses – Any medical expenses incurred by the claimant that is directly a result of them being injured due to negligence can be included in the claim. These may include prescription costs, private healthcare costs, counselling costs and so on.
- Care Claim – You can also include any expenses relating to needing any care or home assistance.
- Loss of Income – If your injury has caused you to miss work, you can include any income lost and also any predicted future loss of income.
When making a claim, there are a number of steps you can take and things you can do which will help to provide the evidence needed to prove your claim, these include:
- Medical Assistance – If you have suffered ill health due to the negligence of a Day Lewis Pharmacy, you should see your doctor or seek medical care at a hospital if urgent. They will be able to examine you to assess the extent of your injury and a medical report will also be made. A medical report is a vital piece of evidence in proving your pain and suffering.
- Photos – If you can, take photos of the prescription error and also of any physical effects such as rashes or hives for example.
- Witnesses – If there are any witnesses to what has happened to you, attempt to collect their contact details if possible so that they can provide a witness statement which can back up your claim.
- Expenses – Keep a record of any expenses incurred so that you can include these in your claim.
Contact a medical negligence solicitor who can advise you on the best steps to take to secure the compensation owed to you.
Legal Helpline has an expert panel of solicitors with years of experience in the personal injury claims industry and can make a prescription error claim on your behalf to secure for you the compensation you deserve.
As soon as we take on a case, our panel of solicitors work with precision to gain all of the evidence required to build a strong case. Our panel of solicitors are honest and reliable and always endeavour to treat every case with extreme importance and with an essence of urgency so that the case gets to its final stages as quickly as possible as they understand the need for financial support whilst you are recovering and also the need for a feeling of closure on the incident.
Unless you are a legal professional yourself with the required experience, having a legal team to file your claim for you can be a huge relief and of course also an advantage as they will know exactly what needs to be done and how to build a strong case to take to court. However, hiring legal help can be expensive when using traditional pay by the hour solicitor. But, if you hire a no win no fee solicitor, it can be much more affordable. A no win no fee solicitor will not charge you any fees before, or during the process of making your claim, in fact, they only charge you for their fees once the outcome of the case had been decided and that your case has won. If your case loses, they will not charge you. If your case is a success, they simply take their fee out of the awarded compensation amount which legally can only be a maximum of 25%.
If you would like help claiming the compensation you deserve, give Legal Helpline a call on 0161 696 9685 and they will be able to assist you.
FAQ’s On Suing Your Pharmacy – Another of our guides offering information regarding suing your pharmacy for negligent errors.
Loss Of Earnings Compensation – If your ill health due to a pharmacy error has resulted in you needing time away from work, this guide explains how you can claim for loss of income.
Wrong Medication In A Care Home – If a loved one has been given the wrong medication whilst in a care home, this guide may be useful to you.
General Pharmaceutical Council Standards – Here you will find the standards expected of a registered pharmacist and pharmacy.
Making An NHS Complaint – The NHS offers advice here on how to make a complaint.
NHS Poisoning Guide – The information here may be useful if you have taken the wrong medication by mistake.
Guide by KE