Pharmacy negligence is when you receive less than professional care from your pharmacist or the one at the NHS pharmacy. You could suffer injury due to the medical negligence of the pharmacist, and you might have a claim for compensation. 

The pharmacy negligence of giving you the wrong medication, the incorrect dose of a medication or someone else’s bag of medication can affect you immediately. It may even put your life in danger. 

You make a No Win No Fee medical negligence claim for the personal injury suffered due to the pharmacy negligence and the effects on your life.

Your personal injury solicitor seeks to recover damages through a claims process. If you or a loved one have been injured and your life impacted by pharmacy negligence, a claim for compensation seeks financial redress for the injuries and financial losses.

If you have been injured in an accident and it was not your fault, The Personal Injury Team No Win No Fee solicitors can file your compensation claim for the money you deserve.

Pharmacy negligence claims

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What are pharmacy negligence claims?

Pharmacy negligence claims are when you seek compensation for the injury suffered due to negligence by the pharmacist. You might be able to seek compensation for the injury due to pharmacy negligence and the effects of it today and in the future. 

You might be able to make a pharmacy negligence claim if you receive less than acceptable care from the pharmacist or at the NHS pharmacy. The compensation in a pharmacy negligence claim covers the costs of any injury and the effects of it on your life. 

In cases of pharmacy negligence, people may be injured, suffer an allergic reaction, and may need hospital care with large medical bills to pay, but you might be able to claim compensation to cover your costs if it happens to you. 

The pharmacy and pharmacist have a duty of care to those who use their facility to fill prescriptions. If they breach that duty of care and you suffer an injury, you might have a pharmacy negligence claim for compensation. 

A No Win No Fee personal injury solicitor can review your case and advise if you have a valid pharmacy negligence claim.

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Common pharmacy negligence claims

Common pharmacy negligence claims range from receiving the wrong medication, receiving the wrong dose of a medication, or taking medication that reacts with one you are already taking. 

In all cases of pharmacy negligence, you might be able to make a claim for compensation. A No Win No Fee medical negligence solicitor can look at your case and see if you have a possible claim for compensation. 

Common pharmacy negligence claims:

  • Supplying a patient with the wrong medication
  • Giving a patient the incorrect dosage instructions
  • Supplying a patient with out-of-date medications
  • Giving a patient another patient’s medication bag
  • Incorrectly stored medications
  • Supplying counterfeit medications
Common pharmacy negligence claims

Supplying a patient with the wrong medication

Supplying a patient with the wrong medication could have an immediate effect on a patient’s health. You could suffer an allergic reaction or an interaction with a medication you are already taking and may need hospitalisation. 

You could receive the wrong medication if the pharmacist does not read the prescription correctly, does not pay attention when filling the medication bag or misreads the labels. 

You may have a pharmacy negligence claim for compensation if the pharmacist supplies you with the wrong medication.

Giving a patient incorrect dosage instructions

Giving a patient incorrect dosage instructions may happen when the pharmacist misreads the prescription or makes errors when filling the medication bag for the patient. 

Your condition may take longer to heal if you receive the wrong dosage instructions from the pharmacist. Cancer and heart disease medications come with strict dosage instructions, and you could fall very ill if the pharmacist tells you differently. 

A No Win No Fee medical negligence solicitor might be able to get you compensation if you receive the wrong dosage instructions from the pharmacist.

Supplying a patient with out-of-date medications

Supplying a patient with out-of-date medications should never happen in a professionally run pharmacy. The pharmacist should store medications by date and dispose of out-of-date ones before reaching expiry. 

An out-of-date medication may not work or may only be at partial strength. Some medications can become toxic and poison a patient taking them. Taking an out-of-date medication could be ineffective and delay treatment for your condition. 

If you receive an out-of-date medication, you could have a pharmacy negligence claim for compensation.

Giving a patient another patient’s medication bag

Giving a patient another patient’s medication bag could be a clear case of pharmacy negligence, as every pharmacy should have a strict code for dispensing medication to the public. 

The pharmacy buddy system is a tried and tested method of keeping a control of supplying medication to the public. There should always be two pharmacists on duty to double-check each bag for the correct medications and that the bag is going to the patient named on the label. 

If the pharmacist gives you another patient’s medication bag, you might have a medical claim for compensation.

Are you eligible for compensation?

If you want to pursue damages for the accident you have suffered, we have a simple 3 step process to make sure you get the compensation you deserve.

  • Take our online assessment & speak with our team
  • Our team of claim specialists will undertake a full case review
  • We will send a legal letter and our solicitors will pursue your compensation on your behalf

All case reviews are 100% cost and commitment free.

Incorrectly stored medications

Incorrectly stored medications can quickly go off and may lose their potency well before the expiry date on the bottle. It may be pharmacy negligence if the pharmacist does not store the medication correctly and dispenses it to you. 

Medication may need to be stored in a fridge to keep it at the correct temperature. Some medications may need to be stored out of direct sunlight or in certain conditions to keep them safe. 

If you become ill due to an incorrectly stored medication, you might have a pharmacy negligence case for compensation.

Supplying counterfeit medications

Supplying counterfeit medications should never happen, but it can if the pharmacist does not use stock from a recognised supplier. Counterfeit medications may not work or not work as efficiently, and you could become ill or see your condition worsen over time.

Counterfeit medications are usually made from inferior ingredients in unrecognised labs. You should not take them, and the pharmacy should not supply them to patients.

You could have a pharmacy negligence case for compensation if you receive counterfeit medications from the pharmacist. 

Your No Win No Fee medical negligence solicitor can make your case for possible pharmacy negligence compensation against the pharmacy responsible.

Compensation for pharmacy negligence

In a No Win No Fee pharmacy negligence claim, you might be able to seek compensation damages ranging from a few thousand pounds to more than £10 million. How much compensation you can claim depends on the injuries suffered and the financial effect of those injuries on your life.

If someone else is responsible for your personal injury, you might be able to claim compensation from their insurance company.

Sample compensation amounts in a personal injury claim are as follows. Please note these are figures for the injuries only. Financial losses would apply in addition:

  • Minor scarring to the face, from £1,710 to £3,530
  • Loss of teeth, from £1,710 to £11,410
  • Moderate hip and pelvis injury, from £12,590 to £39,170
  • Severe shoulder injury, from £19,200 to £48,030
  • Fractures of the arm, from £6,610 to £19,200
  • Permanent mobility problems with legs, from £54,830 to £87,890
  • Severe back injury, from £38,780 to £160,980
  • Moderate brain injury, from £43,060 to £219,070
  • Paraplegia, from £219,070 to £284,260

(The figures given here are for General Damages amounts only. You might also receive compensation for any financial losses you suffer due to the personal injury. Figures are taken from Judicial College Guidelines 16th Edition and are accurate as of April 2023.)

There is not one fixed amount in personal injury claims. The circumstances differ from person to person and claim to claim, and the amount of compensation awarded is tailored to the circumstances of your claim. 

A No Win No Fee personal injury solicitor can give you an idea of what to expect from their experience in compensation claims.

Compensation calculator

What can you claim for compensation in a pharmacy negligence claim?

In a pharmacy negligence claim, you claim compensation for two types of damages: General Damages and Special Damages.

The amount of compensation awarded is the total of these two types of damages.

General damages is the claim you make for what is known as PSLA, or the Pain, Suffering and Loss of Amenity you experience directly from the medical negligence. 

Pain is that suffered as a direct result of the injury or any treatment for it. 

Suffering is the discomfort in your life as a result of the injury

Loss of Amenity is the disruption to your daily life, such as difficulty or restriction in walking, sitting, playing sports, and sleeping.

Special damages cover your past and future financial losses. These could include loss of earnings, care costs, medical treatment or specialist rehabilitation, aids, adaptations and any other out-of-pocket expenses you have or might suffer due to the medical negligence injury.

Loss of earnings is for income lost directly from being off work and any reduction in income expected from not being able to return to your current type of employment.

Care costs include the care needed to recover from the injury and any long-term care and treatment costs, whether provided by friends and family or professionally.

Out-of-pocket expenses are for your medical appointments, travel and accommodation and any other costs incurred after the injury.

Compensation is awarded to cover all losses, including loss of life, medical expenses and long-term care needs arising from the injury in a medical negligence case.

You need records such as payslips, all day-to-day receipts, and any other paperwork showing your losses from the injury.

A No Win No Fee solicitor handles your medical negligence claim and seeks the compensation you deserve.

How Much Is Your Claim Worth?

Take a few minutes to fill in our claim assessment form and find out how much compensation you will be entitled to.

Who is eligible for compensation in a pharmacy negligence claim?

You might be eligible for compensation in a pharmacy negligence claim if you suffer due to a breach of care by the pharmacy. 

If you are injured due to delays in beginning a correct medication, by taking the wrong medication or by receiving another person’s medications, and it was not your fault or only partially your fault, you may have a pharmacy negligence compensation claim. 

You may also be able to claim compensation on behalf of a loved one if they are too sick to make the claim themselves. Your solicitor can talk you through the process and help you make the pharmacy negligence claim for a sick loved one. 

If you or a loved one passes away, any dependents may be able to claim compensation. They may be able to claim compensation if the loved one dies due to pharmacy negligence that was not their fault or only partially their fault. 

A dependent is defined as:

  • A spouse or former spouse of the deceased
  • Someone who lived with the deceased for two years before death as a husband, wife, or civil partner.
  • Blood children, adopted children or those who became children through marriage or civil partnership
  • Parents and those acting as parents, such as a guardian or step-parents
  • Grandparents or great-grandparents
  • Brothers, sisters, cousins, and other direct relatives

If you are one of the listed above, you may be defined as a dependent if you were partially or fully financially dependent on the person who dies due to pharmacy negligence. 

You may have a claim for compensation if you are a dependent of someone who passes away due to pharmacy negligence.

Who is responsible for a pharmacy negligence claim?

The NHS Trust, which runs the pharmacy, can be responsible for a pharmacy negligence claim. If you receive your medications from a privately run pharmacy, the business owners are responsible for the compensation claim. 

Medical negligence is treatment by a medical professional that is below acceptable standards. If you experience medical treatment in a pharmacy that another professional pharmacist would not provide, you may suffer pharmacy negligence. 

The private pharmacy or NHS pharmacy may also be responsible for the negligence if the pharmacy employed a pharmacist not qualified for the work involved and you suffered medical negligence as a result. 

If the NHS pharmacy does not follow accepted guidelines for dispensing medications, it may be responsible for medical negligence. NICE guidelines outline how a medication should be stored and dispensed; a breach of those guidelines could be pharmacy negligence. 

Your No Win No Fee solicitor can help you make a claim against those who could be responsible for your pharmacy negligence.

who is responsible

Evidence to support a pharmacy negligence claim

Evidence to support a pharmacy negligence claim should help show that the event was not wholly your fault and someone else was at least partially responsible. 

If you are injured due to pharmacy negligence or any form of medical negligence, you will need to gather as much evidence as possible to prove your claim. 

When gathering evidence to support your pharmacy negligence claim, you should:

  • Take note of where, when and who is involved
  • Use your phone to take photographs of the medication bag
  • Get the details of everyone working in the pharmacy
  • Get a copy of the error report from the pharmacy manager
  • Keep a photo of the wrong medications before returning them
  • Get the details of any witnesses to your injury or reaction to medications
  • Find CCTV evidence if possible
  • Call for medical help to assess your injuries if you take the medication

Every piece of evidence may be crucial in your medical negligence claim. You do not know what the negligent party will dispute or claim when the case begins. 

Your No Win No Fee solicitor may use the evidence against the negligent party in any possible pharmacy negligence claim.

What are the steps in making a medical negligence claim?

To make a claim for medical negligence compensation, there are usually a few standard steps to follow. We will guide you through the entire process from first contact through to the conclusion of your claim.

Instruct a No Win No Fee medical negligence solicitor as soon as possible. A solicitor can look at your case and see the extent of your injuries and how it might form a medical negligence compensation claim.

Only a No Win No Fee medical negligence solicitor will have the experience and the team to handle your claim. They will know what your claim may be worth and how to get the best results for you.

You may require medical treatment or investigation if you have suffered an injury due to medical negligence. It is important that the nature and extent of your injuries are contemporaneously recorded in your medical records.

This may be in a consultation with your GP if you have less severe injuries which do not require immediate treatment but do not clear up in a reasonable timeframe. You may need investigations, referral to a specialist, or maybe physiotherapy.

Of course, in a serious or life-threatening medical negligence claim, you will attend A&E, and the hospital medical records will detail your injuries and treatment.

The solicitor gets all details and evidence to support your case in the next step of the claims process.

Your Personal Injury Team solicitor will speak to you and obtain a detailed description from you of what happened, all injuries suffered, and the financial losses you sustained.

An experienced medical negligence expert will assess the case. If they confirm you have a valid medical negligence compensation claim, they can discuss the next steps in the process with you and answer any of your questions.

The solicitor submits the claim for medical negligence to the NHS Trust, GP Clinic or private medical provider who may be responsible for your injury. Your solicitor submits the claim by writing to the negligent party to outline your possible claim.

The negligent party has to give a written response to your solicitor’s letter within twelve weeks of receiving it.

Your Personal Injury Team lawyer will advise you of the time limit applying to your case and what to expect during the process.

Getting the response from the negligent party informs your medical negligence solicitor how the case is likely to proceed.

The negligent party can either admit liability in the case or state that they intend to defend it.

When the negligent party decides to defend the case, it is known as ‘denying liability’ in legal terms.

If the negligent party admits liability, which often happens, your medical negligence solicitor will obtain medical evidence. You may need to have a consultation with a medical expert that your solicitor will arrange.

Once completed, medical evidence and details of your financial losses will be sent to the insurer of the negligent party.

The negotiation period then starts, often resulting in the settlement of your claim. You would be closely involved in this process and given expert advice throughout – no compensation would be agreed upon without your authority.

In very large claims, you will likely have to see several medical experts over a longer period. When the injuries suffered are significant, it can take a long time until the final prognosis is known.

Your solicitor will advise you on the likely timescales and when, tactically, will be the best time to enter settlement discussions with the defendant.

Often, claims for life-changing injury will be negotiated at a “settlement meeting” with the defendants. The two sides may meet, and during the meeting, your case will be outlined, and negotiations will take place.

You would be at this meeting and be closely involved in this process, and no settlement would be agreed upon without your authority.

At this stage, your solicitor, and sometimes a barrister, will handle the meeting and advise you on what is on offer and what level of compensation to accept.

Going to court is the final step if the negligent party does not accept responsibility for the medical negligence or if the negligent party admits liability but refuses to pay a fair amount to you in compensation.

Issuing court proceedings is handled by your solicitor.

Although court proceedings are started in some cases, very few medical negligence cases make it to a court case before a judge. The vast majority will settle before having to issue court proceedings, and even where proceedings are issued, few cases end up at a trial.

Your Personal Injury Team solicitor will advise you through the entire process from start to finish.

steps in making a medical negligence claim

Our Process

We make the claim process as simple and streamlined as possible, and that’s one of the reasons we’re maintain a 4.9 / 5 ★ rating from our customers!

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 027 0370 or request a callback here.

Claim Evaluation

Once you have spoken with our team we’ll let you know how we can help. This will involve a thorough case review and understanding of the incident, financial damages and physical injuries.

Legal Letter

Once we are satisfied we have all the information we require and have a full understanding of your circumstances. We send a letter of claim to the negligent party outlining your claim and compensation requirements.

No Win No Fee medical negligence solicitor

A No Win No Fee medical negligence solicitor should be your only choice when making a claim. A No Win No Fee medical negligence solicitor fights your case and does not take a fee if you do not win.

A No Win No Fee solicitor only charges you for winning the case, and you can agree to all the terms before the claim begins. The insurance company may pay some of the legal fees, and a No Win No Fee solicitor will agree with you on how much of the shortfall might come from your compensation.

It is usually a percentage of up to a maximum of 25%, although the deduction may be nothing in larger cases.

You should be cautious about instructing a solicitor who does not have experience with medical negligence cases and who will not agree to take your case on a No Win No Fee basis, as you could end up with a large bill if your claim fails. 

An experienced No Win No Fee solicitor handles your medical negligence claim to try and get you the compensation you deserve.

no win no fee medical negligence solicitor

How long do I have to make a claim for medical negligence?

You have three years to make a medical negligence claim for compensation. The three years usually begin from when you suffered possible medical negligence.

Medical negligence compensation claims must generally be brought and court proceedings issued within three years of the negligence.

If your child is aged under 18 at the date of the pharmacy negligence, you can bring the claim against the NHS or private healthcare provider on their behalf. A parent, guardian or trusted loved one, usually a close relative, can become a litigation friend who represents the child in discussions with a solicitor. 

The litigation friend can make decisions on the child’s behalf and be involved in every step of the process. 

A child has until they turn 18 to make a pharmacy negligence claim. Once your child turns 18, they have another three years, until they turn 21, to make their own claim for personal injury, providing one has not already been made.

If a loved one has passed away, the family can start a medical negligence compensation claim within three years of the date of death.

There is no time limit for medical negligence claims for those who lack mental capacity.

Your No Win No Fee medical negligence solicitor will know all claim limits and how to make a possible claim within your time limit.

Will I have to go to court for my claim?

You are very unlikely to have to go to court to make your claim for pharmacy negligence compensation.  

If you follow our advice, the claim process usually goes smoothly, and the vast majority of claims will be settled long before court proceedings are needed.   

Our medical negligence team will fight your case. Even if court proceedings must be issued because, for example, the defendant unreasonably denies liability, the case is still unlikely to have to end up at a trial.

 Very few compensation claims require court proceedings, and even fewer, less than 1%, will end up at trial.

Schedule A Call

Have you been involved in a personal injury? We specialise in pursuing damages to make sure you get the maximum compensation possible.

It’s free and easy to speak with one of our team of no win no fee claim experts.

Find out how much you can claim for today

Find out how much you can claim for today by using our online assessment tool. It will give you an idea of what you might be able to claim for and what compensation you might be able to expect in a medical negligence claim.

Compensation amounts are guidelines only on what to expect from your claim. Our solicitors can advise you using their expertise and experience and can quickly tell you if you have a valid medical negligence claim and what to do next.

Our team of No Win No Fee medical negligence solicitors can take your case to seek the compensation you deserve. We have the experience to handle your claim for compensation and see it through to a successful conclusion, whether the claim is worth £1,500 or more than £10,000,000.

Take our online assessment today to get an idea of claim amounts and what you could be due for the pain, suffering and impact on your life.

Contact your Personal Injury Team today for immediate expert advice tailored to you.

how much can you claim for personal injury