Our Panel Member Solicitors can make a Prescription Claim find out more or have an initial case assessment here or read on for more information.
GP Prescription Claim / Actions against Chemists for medication errors
It is improtant to note that a prescription claim is rare. The management of prescription medicine can be challenging. In spite of that medication errors are not widespread but a prescription claim can happen and does happen. Part of the reason why they are rare, though is an awareness, now growing in the profession of technological advancement that makes the process of prescription more secure. Of course mistakes creep in. A GP above all is aware that the responsibility for maintaining and establishing regular and appropriate medication use falls on them. It is not enough to simply say “take this pill” and then sit back and wait for improvements to show. A patient will bring a prescription claim if medication is incorrect, inefficient or insufficient in dose.
Medication must be regularly assessed. It must be questioned whether it is effective. There has to be consideration whether an increase or decrease in dose is appropriate. GP’s should ask themselves whether the patient is still responding adequately to it. If necessary, is there is any real advantage in continuing or stopping medication or even in changing to a more efficient medication? Ignorance of this is essentially a prescription error waiting to happen.
There are a great many solicitors out there offering no win no fee agreements. You will see from our various pages, many of these agreements have hidden clauses. These tend to revolve around irrecoverable costs and insurance premiums. Not with our members though. We have a unique 20% deduction. This 20% applies only if you win and never anything more. If you lose, then there is nothing to pay at all. Nobody out there that we know of offers a better deal.
If I take the wrong medicine is it my fault?
Generally this defence is not one that the pharmacological / medical profession falls back on regularly. Ultimately, these days, medication provided to the NHS by big pharmaceutical companies changes packaging and colour regularly. It is difficult to identify medicines just by sight. Usually within a few years of new medication being released, it has been copied and reproduced under licence by hundreds of factories around the world. So just because you used to get a small red pill doesn’t mean that you should be suspicious if you receive a small blue one. A prescription claim cannot be defended so easily.
It should be said, if the dosage is very noticeably different so that if your pill changes from a 5 mg to a 500 mg one, then it could be reasonable to suggest that you should have noticed. That alone however, may not prevent you from making a prescription claim. It may mean that you have been “contributory negligent” ie you contributed to the problem.
Typically that is the first line of defence to these prescription error claims. However, this should not put you off. Ultimately you should have received the correct medication and that is that Whilst there may be criticism ultimately that responsibility which falls on you as a patient is nothing compared to that of the professionals who serve you.
If you have suffered negligence as a result of medication error then call 01904-914-989 or email on email@example.com
Can I claim compensation for medication or prescription error?
Any Chemist or Pharmacy has a duty of care to you. They should ensure you do not receive a drug which will harm your health. Pharmacists are qualified professionals and they have well defined routines to minimise the risk of incorrect dosing or wrongful dosing. It has to be recognised that risk still exists and mistakes are still made. Regardless of whether the prescription is a private or NHS one, with 3 million prescription medications a day, it is almost inevitable that occasionally there will be a mishap and a prescription claim will follow.
If you have received a dose of incorrect medication from your pharmacist and it has caused you either a reaction or it has prevented your underlying condition to get worse, and it has happened within the last three years, then you may have legitimate grounds to claim compensation for pharmacy negligence.
Can I protect myself against Prescription Error?
While there is no absolute way to protect you from another person’s errors, there are some things you can take to try to avoid taking the wrong prescription even if the chemist hands over the wrong prescription.
- Talk to the Pharmacist. The moment you pick up your prescription, go ahead and open the bag at the counter. Do not just pay and walk away. Open it up, look at it, ask any questions If nothing else, verify it’s what’s supposed to be there, and confirm and understand what you’re taking. Remember, its when you are most distracted or when you are careless that these things are at the most dangerous. If you have had the same prescription for years you may have become complacent.
- Make sure it is your name is on the prescription bag. One of the top pharmacy mistakes is medication going to the wrong customers. Even though your name may appear on the outside of the bag, somebody else’s name could show up on the containers within.
- Make sure the dosage amount matches your original prescription.
- Make sure the pills inside of the bottle match your prescription. If you have been taking the medication and the pills look different, confirm with your pharmacist that they are the correct medication.
What Do I do if I think my Pharmacist has made a prescription error
If you think that your pharmacy gave you the incorrect prescription, make sure you do the following:
- Call the doctor who prescribed you the medication immediately;
- Seek emergency medical attention;
- Call the pharmacy to report the error;
- If the pharmacy offers you compensation, do not accept it until you consult a lawyer.
- Take photographs of the incorrect prescription bottle;
- Do not throw away the incorrect prescription bottle
Frequently Asked Questions…
Our Solicitor members have regularly taken just about every enquiry you can possibly imagine with regard to a prescription error or medication claim. We have taken a poll surrounding this subject and the most frequently occurring subjects are listed below. If you want to read more just click on the coloured banner to reveal the answers.
Contact Us on 01904-914-989 or firstname.lastname@example.org
How Much Compensation Will I Get
What Sort of Injuries Are Possible from Taking the Wrong Drugs?
How Do I Avoid Prescription Error?
Am I In Danger of Becoming Addicted?
How Long Will a Claim Take?
Is There A Time Limit for Bringing a Prescription Claim
Can All Of This Be Done No Win No Fee?
No Win No Fee…
Our panel Solicitors all have to agree the same transparent and fair funding agreement. They can never charge you more than 20% of your winnings and cannot pass on insurance charges. If you lose the claim, there is no charges at all. The best lawyers and the best deal.
- Free Chat with a Fully Qualified Panel Medical Solicitor
- Free Advice Session Regarding your Options
- Free Claims Viability Assessment
- No Win No Fee Claims
- Tel 01904-914-989
- Email Info@law-med.co.uk
The Law Med Medical Panel is an unincorporated association its members are clinical negligence accredited specialists.
Get In Touch
- Tel 01904-914-989
Blake House, York, YO1 8QG