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Oakwood Solicitors
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Pharmaceutical Negligence Claims

Has your health suffered as a result of substandard service?

Our specialist Medical Negligence department consists of an in-house team of Solicitors

and legal professionals dedicated solely to this area of law.

What are Pharmaceutical Negligence claims?

Claims for Pharmaceutical negligence include instances whereby the pharmacy have failed to provide appropriate care. Such failings are usually dispensing the incorrect medication, dispensing the incorrect dose of medication and/or dispensing out of date medication.

As a result of these errors, patients may suffer an adverse reaction to the medication. These side effects may last for a number of days, weeks, or in some circumstances – have life-changing effects or result in death.

 

In the unfortunate event that you have suffered as a result of a Pharmacy error, you should:

  • Contact your GP, 111 service or the Hospital immediately and seek urgent medical attention
  • Report the error to the Pharmacy as soon as possible to ensure the error is logged
  • Gather as much evidence as you can regarding the error by taking photographs of the medication, the boxes and the labels
  • Contact us for assistance

How do I make a claim?

If you consider that you have suffered harm as a result of an error on behalf of the pharmacy, then you may be entitled to bring about a claim.

Our specialist team at Oakwood Solicitors Ltd will be able to provide you free advice on the prospects of your case and whether you are able to pursue a claim.

Pharmaceutical Negligence

Who can bring about a claim?

The victim of the negligence can bring about a claim in their own right however it may sadly be the case that the victim is no longer able to bring about a claim or has passed. In such circumstances a claim can be brought about the executor of the estate or authorised person.

In cases involving children either parent can bring about a claim as litigation friend providing a set criteria is met.

For further information about whether you are able to bring about a claim, please contact the Medical Negligence team who will be able to advise further.

How long do I have to claim?

Claims of this nature are subject to a three year limitation period. This means that claims have to be commenced within the Courts in three years of rather the date the negligent act occurred or the date you became aware that negligence had occurred.

In cases involving deceased victims this limitation period commences from the date of death and in cases involving minors, the limitation period starts when they reach their 18th Birthday.

The law surrounding limitation periods is complex, our specialist team will be able to advise further.

Pharmaceutical Negligence

How long will my case take to run?

Given the complexities involved in pursuing Medical Negligence claims, they can often take 12-18 months to conclude and longer if Court proceedings have to be issued.

Our investigations start by obtaining all relevant records and protocols before approaching the Defendants in claims of this nature. Dependent upon the injury suffered, independent medical experts may need to be consulted. We will provide you with regular updates on the progress of your case to ensure that you are kept up to speed.

Frequently Asked Questions

How much is my claim worth?

It is often difficult to value clinical negligence claims at their outset given the complexities involved however we will pursue two forms of compensation for you:

  1. Firstly we will pursue compensation known as general damages – this is an award of money for the pain and suffering you have endured as a result of the negligence.
  2. Secondly we will pursue compensation known as special damages – this is an award of money for all of your out of pocket expenses such as travel expenses, medication costs, loss of earnings, treatment costs both past and future. This list is not exhaustive and is very case specific.

How is my case funded?

The majority of Clinical Negligence cases are funded by a Conditional Fee Agreement (CFA), more commonly known as a ‘No-win, no fee’ agreement.

This means that there will be nothing to pay up front and nothing to pay if the claim has been lost. If you are successful in your claim, a deduction of 25% of damages will be taken to cover the success fee and the shortfall in legal fees.

It may also be the case that an After The Event (ATE) insurance policy will be obtained to cover the costs of expensive medical reports and investigations.

If an ATE insurance policy has to be obtained, the cost of the same will be discussed with you at the appropriate point. The cost of the ATE insurance policy is again taken from your damages and only payable if you are successful with your claim.

For most pharmaceutical claims, ATE insurance is not required.

Why choose Oakwood Solicitors to make your Pharmaceutical Negligence claim?

We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical negligence.

We want to ensure at Oakwood Solicitors that clients are not overwhelmed by legal jargon, medical terms that they don’t understand and to allow the claims procedure to be as transparent as possible.

For some examples of successful cases and claim amounts awarded, read the case studies featured here.

Amazing Solicitors

I had a medical negligence claim which I asked Oakwood Solicitors to help with. From start to finish they have been amazing

- Ashleigh Dagg

First Class

I found them very professional right from the beginning and explained every step of the process from start to finish.

- Sue Wilton

Carol Cook
Carol Cook - Head of Department
Carol joined Oakwood Solicitors in May 2017 to lead the Medical Negligence department. She handles a wide range of Clinical and Dental Negligence claims and has a specialist interest in Birth Injuries. Carol has years of experience in handling complex clinical and Dental Negligence claims, securing substantial amounts of damages for her clients. Carol studied her law degree (LLB honours) at Salford University.
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