I Was Harmed Due To A Pharmacists Negligence, Could I Claim Compensation?
Lloyds Pharmacy is a high street pharmacy with over 1,500 pharmacies. As well as their high street stores, over 440 are based within GP practices. All pharmacies play a key role in the treatment of patients. A major part of their work is ensuring that the correct medication is dispensed in accordance with a doctor’s prescription. However, mistakes can happen. When they do, the range of consequences can vary widely. Therefore, in this guide, we’re going to look at when you could claim compensation for a Lloyds Pharmacy prescription error. We’ll look at what could cause them, what effect they could have and when you might be entitled to claim.
Here at Legal Helpline, we offer a no-obligation assessment of any type of clinical negligence claim. We also provide free advice about your options if you’re considering making a claim. Furthermore, should your claim be strong enough, we could connect you with a specialist solicitor from our panel. If they take your claim on, it’ll be on a No Win, No Fee basis.
Should you already know that you’d like to make a claim, please call an advisor on 0161 696 9685 today. If you’d rather find out more about making a pharmacy claim before calling, please continue reading.
Jump To A Section
- A Guide On Wrong Medication Errors By Lloyds Pharmacy
- What Is A Prescription Error By A Pharmacy?
- What Is The Role Of A Pharmacist?
- In What Wrong Medication Error Circumstances Could I Claim?
- What Could The Effect Of The Wrong Medication Be?
- Raising Concerns About Your Pharmacist
- Eligibility To Make A Claim For Against A Pharmacy For The Wrong Medication
- Pharmacy Wrong Medication And Prescription Error Compensation Calculator
- Special Damages Claimable For Prescription Errors
- Steps You Could Take To Claim Against A Pharmacy
- Why Choose To Claim Against A Pharmacy With Us?
- No Win No Fee Pharmacy Prescription Error Claims
- Begin Your Claim For A Pharmacy Prescription Error
- Resources And Useful Links
A Guide On Wrong Medication Errors By Lloyds Pharmacy
When you visit a doctor, they’ll take steps to try and ensure any medication they prescribe is safe, effective and doesn’t react with any other medication you’re taking. It’s therefore essential that when your prescription is dispensed, you receive the medication that the doctor intended. Any negligence by a pharmacist, which causes you to suffer, could mean you’re entitled to claim compensation.
In this guide, we’re going to look at what types of mistakes could happen, how you could suffer as a result and how you can complain about a pharmacist. We’ll also look at how liability for you suffering can be proven and how much compensation you could be entitled to.
If you are considering making a Lloyds Pharmacy prescription error claim, we advise you seek legal advice as possible. That’s because medical negligence claims have a 3-year time limit which begins to tick from the date of the negligent act or subsequent diagnosis of an illness. This is the same as the personal injury claims time limit.
Although, this guide is about Lloyds Pharmacy, the same principles described could be applied to other pharmacies too. At the end of this guide, we’ll provide links to some more useful guides and relevant resources. If you then need any further advice or wish to begin a claim, please call us on 0161 696 9685.
Our advisors provide free advice about the claims process. You’re under no obligation to proceed but we hope that, by providing you with accurate information, you’ll let Legal Helpline assist you with your claim.
What Is A Prescription Error By A Pharmacy?
A prescription error occurs when you’re given the wrong medication and, as a result, you become ill, injured or your underlying illness becomes worse. This could mean your prescription contains the wrong medication, strength, dose, or where the usage instructions provided are incorrect. If these errors cause you to suffer, you may be entitled to claim compensation.
Here are some scenarios which could lead to you being given the wrong medicine:
- Where the pharmacy staff didn’t understand a medical abbreviation and failed to check.
- When you are given somebody else’s prescription (possibly because you have a similar name or address).
- If the medication you were given looks similar or has a similar name to the one prescribed.
- Where dispensing was rushed because the pharmacy was overly busy.
If you’d like to discuss a Lloyds Pharmacy prescription error caused by one of the above, please contact an advisor today on 0161 696 9685.
What Is The Role Of A Pharmacist?
Pharmacists are governed by the General Pharmaceutical Council (GPhC). They provide a list of responsibilities for pharmacists on their website. According to this list, they’re responsible for:
- Adhering to the law when dispensing medicine.
- The quality of the medicines provided to patients.
- Making sure medicines are suitable for patients who receive them.
- Providing advice on how to take medication and any possible side effects.
- Provide advice on over the counter treatments based on symptoms.
- Offer services such as cholesterol management and smoking cessation advice and schemes.
- Advise other medical professionals on effective medicine use.
- Ensure systems and procedures involved in dispensing medicines are fit for purpose.
In What Wrong Medication Error Circumstances Could I Claim?
We’ve already mentioned some scenarios which could mean you’re entitled to claim. To clarify, the following pharmacist mistakes could result in a claim if they caused you to suffer:
- If the instructions provided on how to take the medication are incorrect.
- Being given the wrong dose or strength of drug.
- Being given the wrong medicine or somebody else’s prescription.
- When the medication you receive is in damaged packaging.
- Or, finally, being provided with out of date medication.
What Could The Effect Of The Wrong Medication Be?
There are four potential outcomes of taking the wrong prescription that we’ll list in this section. The harm caused can vary quite significantly and ranges from no reaction to a fatal one. Here’s what could happen:
- No reaction. In some cases, incorrect medication may cause no adverse reaction. If that’s the case, and your initial illness doesn’t get worse, then a claim won’t be possible.
- No adverse reaction but your underlying condition becomes worse. In this scenario, even though the drug you’ve taken causes no problems, you could still be entitled to claim if your underlying illness became worse. This would be due to the fact that you’re not taking the medication prescribed to cure or manage your illness.
- An avoidable adverse reaction occurs. When this happens, depending on the level of reaction, you may need to spend time in hospital to recover. The range of side effects includes dizziness, nausea, vomiting or stomach cramps. Some more serious side effects can cause damage to internal organs like the bowels, lungs or kidneys. If you suffer any form of adverse reaction, you could be entitled to ask for compensation.
- You suffer an allergic reaction. During your consultation, your GP will have checked medical records to see if you have a known allergy. Based on that, they’ll prescribe medicines that don’t contain the allergen. However, if the wrong medication is dispensed and it contains the allergen, you could suffer a reaction. Mild symptoms can include itchiness, watery eyes, a swollen face or rashes. In more serious cases, though, the patient could suffer an anaphylactic shock. This is a medical emergency and can be fatal if not treated quickly enough.
Raising Concerns About Your Pharmacist
If you feel that you need to raise a complaint or concern about a pharmacist, you can do so via the GPhC. They are the governing body for pharmacists and keep a register of those fit to practice. Any complaints raised by patients or staff within the pharmacy are investigated according to their policies. According to the GPhC website, you can raise concerns about:
- Prescription errors such as incorrect medication, wrong dosage, out of date medications or incorrect usage instructions.
- Where the pharmacist has a health condition that affects their ability to work safely.
- Fraud such as wrongly claiming money from the NHS.
- Criminal conduct which the GPhC isn’t aware of. Not all convictions will mean a pharmacist can’t practice but it needs to be investigated.
- Working under the influence of drugs or drink.
- Being unregistered to practice.
Raising a complaint with the GPhC isn’t always necessary when claiming for a Lloyds Pharmacy prescription error. However, your solicitor might advise you to do so. That’s because information uncovered as part of the investigation could be used as evidence to support the claim. Please discuss this with an advisor when you call to begin your claim.
Eligibility To Make A Claim For Against A Pharmacy For The Wrong Medication
When suing a pharmacy for negligence, you will need to be able to show:
- That the pharmacy owed you a duty of care.
- That there’s been a breach of duty. This is when a pharmacist provides a service that’s below the level that could be reasonably be expected by a competent pharmacist in the same situation.
- That you were injured, made ill or your underlying illness was made worse as a result of the breach of duty.
To make a successful pharmacy claim, you’ll need to prove all three points were true. This means if a pharmacist makes a mistake, but there is no adverse effect on you, then a claim wouldn’t be possible.
If you’d like to clarify whether you’re eligible to make a claim, speak with a member of our team today.
Pharmacy Wrong Medication And Prescription Error Compensation Calculator
We’ve now explained what effects a Lloyds Pharmacy prescription error could cause and when you could make a claim. Therefore, we’re now going to look at how compensation amounts could be determined. We should say at this point, that each claim is unique. Therefore, a true estimate of your claim will only be known once we’ve discussed it with you.
You may have encountered a personal injury claims calculator before. We find they can be tricky to use, so instead, we’ve put together a table detailing relevant injuries. The figures are taken from a legal document called the Judicial College Guidelines which sets out compensation awards made by the courts.
Type of claim Compensation Notes
Injury (non-traumatic) Up to £49,270 Injuries in this bracket will have symptoms of diarrhoea, acute pain, vomiting and fever. There will be a requirement for some days or possibly weeks in hospital. Further problems like incontinence, haemorrhoids and irritable bowel syndrome could also persist.
Injury (non-traumatic) Up to £18,020 Injuries in this bracket will have short lived but serious symptoms. These will include vomiting and diarrhoea. After a 2 to 4 week period, the initial symptoms will diminish. However, enjoyment of food and bowel function could be affected for a couple of years.
Injury (non-traumatic) Up to £8,950 Injuries in this bracket will result in stomach cramps, fatigue or alteration of the bowel function. Significant discomfort will mean that a stay in hospital for a few days might be required. Initial symptoms will continue for about 2 weeks. Complete recovery might take between 1 and 2 years.
Injury (non-traumatic) Up to £3,710 These injuries will result in symptoms with varying degrees of disabling pain. They could include diarrhoea and stomach cramps which last no more than a few weeks.
Bowels Up to £65,440 An injury which results in impairment of function and might require temporary colostomy.
Bladder Up to £75,010 Injuries which cause pain, incontinence and serious impairment of function.
Future Lost Earnings Up to £500,000 + The amount paid in this category will be calculated on the effect on work ability, age, salary and job prospects.
As you’ll see from the table, the amount of compensation awarded is based on the severity of your symptoms. Therefore, the role of your solicitor is to provide evidence to demonstrate the exact nature of your suffering. As part of the claims process, our panel of solicitors will arrange for you to be assessed by an independent medical expert. They will, in turn, provide a report which will explain how you suffered, what impact the illness had and whether there will be any ongoing problems in the future.
Special Damages Claimable For Prescription Errors
The compensation figures in the table above are known as general damages. They’re designed to compensate you for any pain, suffering and loss of amenity caused by the pharmacist dispensing error. However, general damages are just one part of a Lloyds Pharmacy prescription error claim. You can also include special damages in the claim.
Special damages are paid to try and compensate you for any financial losses caused by the mistake. The idea behind special damages is to try and ensure that, financially, you’re no worse off than you were before you were given the wrong medication. Here are some examples of special damages you could claim for:
- Care Costs. If you need support while recovering from your illness, you could claim back any associated costs. This might include the time of a loved one who cared for you as well as a professional carer’s fees.
- Medical Costs. If you have to pay for prescription medicine to treat your illness, you could claim the costs back. The same is true for over the counter medications as well.
- Travelling Costs. You could also claim for any fuel costs or parking fees linked to medical appointments linked to your illness.
- Lost Income. When employers only pay statutory sick pay, you might lose out when attending medical appointments or take time off work to recover. Therefore, these losses could be claimed back.
- Future Lost Income. Finally, if your suffering impacts on your ability to work in the long-term, you could claim for any future lost income as well.
You should retain any receipts and bank statements to help prove your expenses. Also, if you’re unsure whether you’ll be able to claim a cost back, it’s always worth checking with your solicitor before committing to it.
Steps You Could Take To Claim Against A Pharmacy
When trying to prove that dispensing errors have caused you to suffer, you’ll need to provide ample evidence to support your claim. Essentially, you’ll need to demonstrate what happened, who was to blame and how you suffered. To achieve this, the following evidence could be used:
- A copy of your original prescription to show what medication should’ve been dispensed.
- Samples of the medication you were given. This could be used for testing if the packaging and medication dispensed were different.
- Medical records from your GP. These could help to show what medication was originally prescribed as well as any injury or illness suffered as a result of the pharmacy dispensing error.
- Details of any witnesses who heard any advice provided verbally by the pharmacist.
- Copies of any packaging that the medication came in.
When you’ve gathered as much evidence as possible, you can speak with our advisors to find out if there is anything else you might need to prove your case.
Why Choose To Claim Against A Pharmacy With Us?
If you’re considering making a medical negligence claim, we hope that you’ll consider Legal Helpline to assist you. Here is some information about how we could help you:
- We provide free legal advice to anybody considering a claim.
- Our claims line staff can be contacted 24-hours a day, 7-days a week.
- If your claim is taken on, the solicitor will handle the process for you and explain any legal jargon as required. They’ll also provide you with regular updates.
- The solicitors on our panel will always try to make sure any compensation paid is fair and covers any pain and suffering caused by the prescription error.
- Our panel of experienced specialist solicitors have decades of experience and will guide you through the claims process, debunking legal jargon along the way.
If you require any more information about how we could help, please speak with an advisor today.
No Win, No Fee Pharmacy Prescription Error Claims
Deciding to begin a claim against a pharmacy following a prescription error can be quite a big step. Many people worry about the costs involved in doing so. That’s why our panel of solicitors offer a No Win, No Fee service for claims they take on. If you’ve made a personal injury claim before, you may have heard of a No Win, No Fee claim. By offering such a service, the financial risks involved are reduced which mean more people can feel confident in pursuing a claim.
The first thing a solicitor will do is check whether a claim could be successful. If they believe it can, they’ll provide you with a No Win, No Fee agreement. The legal name that you’ll see on the document is a Conditional Fee Agreement. It’s your contract between you and your solicitor.
In the CFA, you’ll see information which confirms:
- There are no upfront fees.
- You won’t have to pay any fees during the claim.
- If the claim is unsuccessful, you don’t have to pay the solicitor’s fees.
The CFA will also explain that if the claim is won, you may need to pay a small contribution toward your solicitor’s costs. This is known as a success fee. It forms a percentage of your compensation and is deducted when that compensation is awarded. By law, success fees are capped. Importantly, you’ll know what the success fee will be right from the start of your claim.
If you’d like to find out whether you could claim using a No Win, No Fee service, please get in touch today.
Begin Your Claim For A Pharmacy Prescription Error
Thanks for reading this guide about making a Lloyds Pharmacy wrong medication claim. If you’ve decided that you’d like to begin a claim, and you’d like Legal Helpline to work with you, then there are several ways to get in touch. T
- Telephone: Call our specialist advisors for free claims advice on 0161 696 9685.
- Online: If you complete our online claims form, we’ll arrange for an advisor to call back when it’s convenient.
- Live Chat: Finally, you can connect with an advisor online to ask any questions.
We’ll begin the claims process when you get in touch. To start with, our advisors will assess your claim for you. This service is on a no-obligation basis and we’ll also provide free legal advice about your claim. Once we’ve reviewed your evidence, if the claim is strong enough, we could introduce you to a solicitor from our panel. All personal injury claims they handle are on a No Win, No Fee basis.
Resources And Useful Links
You’ve reached the end of this guide about claiming for a Lloyds Pharmacy prescription error. The links below are for some of our other guides as well as some other resources we hope you’ll find useful.
Pharmacy Medication Errors – A guide that looks at when a personal injury solicitor specialising in medical negligence could help you claim for a pharmacy error.
Pharmacy Accident At Work Claims – Information on how a personal injury lawyer could help you claim for an accident at work in a pharmacy.
Wrong Dosage Claims – This guide looks at when you could claim because a doctor prescribed the wrong dosage.
Pharmacy Locator – A handy NHS tool to locate pharmacies in your area.
Temporary Pharmacist Register – This page explains how the GPhC can bypass the normal registration procedures during the COVID-19 pandemic.
Pharmacy Inspections – This website provides information about pharmacy inspections which have taken place since April 2019.
Should you need any more information about making a Lloyds Pharmacy prescription error claim, please call an advisor today.
Guide by BE
Edited by REG