At some points in our life we have to take prescription medicines. It is practically unavoidable. We expect that both the drug itself and the dosage will be correct and in the vast majority of cases it is. However if a mistake is made, the consequences for the individual concerned can be very serious.

There are many ways in which a claim for medical negligence may arise. It is the responsibility of the clinician or doctor and the pharmacist to ensure that the appropriate medication is given for the individual and the presenting illness.

Types of Medication Errors

Often the medication is unsuitable either because the medical practitioner has prescribed incorrectly or a pharmacy has misread or misunderstood or simply miscalculated the prescription and its dosage. Some of the more common situations arising include:

• Totally incorrect medication which is not suitable for the patient or the condition
• Faulty dosage of the correct medication either because the doctor has given the incorrect dosage on the prescription or the chemist dispenses the incorrect dosage
• Incompatible medicines prescribed together
• Medication prescribed despite a patient’s allergy
• Misdiagnosis of the original condition leading to unsuitable or inappropriate medicines being prescribed
• Wrong adult dosage being prescribed for a child

Whilst we are all responsible for checking what has been prescribed, by checking the dosage is the one on the prescription and advising of allergies, the final liability rests with the clinician or the pharmacy.

Consequences of Medication Errors

The consequences of errors in medical prescription can range from minor symptoms like headaches sickness or dizziness to serious injuries including damage to organs like the kidneys and liver.

Recent Cases for Compensation

In a recent case against Boots, the claimant, a 64-year-old woman, received £1,500 for the psychiatric and physical symptoms suffered when she was dispensed the wrong dosage of medication in August 2009. She experienced symptoms including hallucinations, trembling and anxiety for approximately four weeks before she stopped taking the medication and all symptoms resolved approximately one week later.

Time Limits

In all cases, the claim has to be pursued within three years of the date of the original error or when you first became aware that an error had been made.

What can I claim for in the event of Pharmacy Medical Negligence?

There are two elements to any claim for compensation. General damages for pain suffering and what is known as loss of amenity and special damages for items like loss of earnings, nursing care and the like. You should seek specialist legal advice at the earliest opportunity.

Making a Pharmacy Error Negligence Compensation Claim

In order to pursue a successful claim, you have to show that the doctor or pharmacist involved has been negligent and that you have been injured as a result. It is also necessary to show that the no reasonable doctor or pharmacist would have done the same in similar circumstances and that had the correct medication been given there would have been a different outcome. You should therefore ensure that you have a specialist solicitor acting on your behalf.

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