Pharmaceutical Negligence Claims - Questions & Answers

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In this Q&A transcribed from our podcast on Prescription Errors, Sara Montgomery of our Medical Negligence team answers common questions we often get from Clients who’ve experienced a prescription, medication or dispensing error and have sought legal advice on the matter.

What are Pharmaceutical Negligence claims?

Pharmaceutical negligent claims are claims where the Pharmacy have incorrectly prescribed you the wrong type of medication, the wrong dosage of medication or out of date medication.

Claimants as a result of these errors experience adverse reactions to the medication they have taken.

Who can claim?

Anyone who has been mis-prescribed or wrongly-dispensed medication and have experienced negative side effects, as a result, can claim.

This can include minors, who would have a litigation friend such as a parent acting on their behalf. It can also include deceased individuals, who has an executor acting on behalf of a claimant’s estate.

When should you claim?

You have three years to bring a claim either from the date that the negligence occurred or the date you become aware of the negligence. The rules are slightly different for minors, who have until they turn 21 years old.

Likewise, if an individual is bringing a claim on behalf of a deceased claimant, they have three years from the date of death. In any event, time is of the essence and therefore, it is best to contact Oakwood Solicitors sooner rather than later.

How would a Pharmaceutical Negligence claim be funded?

The claim would be run on a ‘no win no fee basis’. This means that if your claim was unsuccessful, you wouldn’t pay us anything and if you were successful, 25% including VAT would be deducted from your damages to pay for our services.

As such, this incentivises us to get as much compensation as possible for you.

What sort of compensation would a Claimant expect to obtain?

It is difficult to provide a ballpark figure as every claim is different and the compensation awarded is dependant on the severity of the case in hand. Some individuals experience sweating whilst others experience vomiting, hallucinations and are admitted to hospital.

Recovery following the negligence coming to light can be even more complex if Claimant cannot return to the correct medication and/or dosage automatically. Furthermore, compensation is split into two types:

General damages – The figure that covers the pain and suffering experienced as a result of the negligence and we are guided by case law and guidelines.
Special damages – This includes any specific losses suffered as a result of the negligence e.g. care costs, loss of earnings, travel expenses.

We would attempt to recover both types of compensation on your behalf if applicable.

Case studies

We recently settled a case for approximately £3,100.00. Here the Claimant was prescribed a medication she was allergic to, causing her to be admitted to hospital.

Another case was settled for approximately £4,500.00. The Claimant in this instance was mis-prescribed a lower dosage of her long term pain relief medication for approximately 3 -4 weeks. On realising, the Claimant had to slowly increase her pain relief medication dosage back to the correct dosage.

Do you have any tips for potential Claimants?

Make sure you take a photo of the dispensary error. It is the Claimant’s burden to prove the claim, and a photo of the error is the best and simplest way to prove the pharmacy breached their duty of care.
Report the error to your pharmacy and ensure they log the same.
Go to your GP and/or nearest walk-in centre or hospital to make sure you are alright after the error comes to light.
Contact us for a free consultation as soon as you can, given the limitation period. Furthermore, it is important to note that claims take in the region of 18 months and therefore claims of this necessary aren’t quick but we will try our best to expedite matters as much as we can.

Pharmaceutical Negligence Claims – Q&A