There is rarely any scenario in which a pharmacy can defend against a claim for compensation for being given the wrong medicine by a chemist. However, before being able to make claims for pharmacy errors, there are several conditions that have to be fulfilled.
The first is that you suffered an “adverse event” due to the chemist´s mistake. This means that you suffered a diagnosed significant injury or the avoidable deterioration of an existing condition due to being either given the wrong type of medicine, the wrong dosage of medicine, or being given the wrong instructions about how long you should take the medicine for.
The second condition is that you stopped taking the medicine once you realised it was harmful to your health. If you carried on taking the medicine without seeking medical advice, you will be considered to have contributed to the extent of the “adverse event”, with the likelihood that your claim for compensation for being given the wrong medicine by a chemist will be unsuccessful.
Making Claims for Pharmacy Errors
When you make claims for pharmacy errors, there will be an investigation into how the mistake happened. It could have been that the instructions were unclear on a prescription – in which case the pharmacist was negligent for failing to check what had been prescribed for you – or there could have been a mix-up in the pharmacy when the medicine was labelled after delivery.
To determine that negligence was responsible for your “adverse event” and that you are entitled to compensation for being given the wrong medicine by a chemist, it is advisable to speak with a solicitor. Your solicitor will want to know what medicine you should have been given, and consult an independent medical expert to ensure that the medicine you were given in error could have caused your significant injury or the deterioration of an existing condition.
Once there is sufficient evidence of negligence to support claims for pharmacy errors, you solicitor will write to the pharmacy, advising it that you are claiming compensation for being given the wrong medicine by a chemist and requesting an offer of settlement. Please note it is very important that you refer any unsolicited offers of compensation from the pharmacy´s insurance company to your solicitor.
How Much Compensation for being Given the Wrong Medicine by a Chemist
The reason that it is important to refer all unsolicited offers of compensation to a solicitor is because there is the risk that claims for pharmacy errors can be under settled. If you have suffered a significant injury or the avoidable deterioration of an existing condition, the consequences of your chemist´s mistake are likely to go beyond compensating you for the physical pain you experienced.
There is strong likelihood that you will have experienced some form of mild depression, and almost certainly the quality of your life will have deteriorated. Claims for pharmacy errors also enable you to recover any related costs you may have incurred – or any related costs you may incur in the future – and any loss of income if you are unable to work.
It may also be the case that an unsolicited offer of compensation is much lower than you are entitled to because the pharmacy´s insurance company assumes you have contributed to the extent of your “adverse event” due to your own lack of care. Contributory negligence should never be assumed until it is proven, and your solicitor will check any offer of compensation for being given the wrong medicine by a chemist to ensure you receive your full settlement whenever possible.
Independent Legal Advice about Pharmacy Errors
Because your reaction to the wrong medicine given to you by a chemist is likely to be different from anybody else – and the consequences of the mistake will certainly be unique to you – no two claims for pharmacy errors are identical. Consequently we invite you to call our Medical Negligence Advice Bureau and discuss the circumstances surrounding the medicine mix up with one of our team.
Our experienced medical negligence solicitors will be able to answer any legal questions you may have about claiming compensation for being given the wrong medicine by a chemist, in complete confidentiality and with no obligation on you to proceed with claims for pharmacy errors.
Our aim is to provide you with the legal advice about pharmacy errors you need so that you can decide whether you have a claim for compensation that might be worth your while to pursue. Make sure you do not lose your right to claim compensation for being given the wrong medicine by a chemist by calling our Medical Negligence Advice Bureau today.