Prescription Claim

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.

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GP Prescription Claim / Actions against Chemists for medication errors

prescription claim
There is an inevitablity that with so many medicaitons in dialy use, there is likely to be a prescription claim eventually from the community. There is a lot you can do to prevent this but ultimately the responsibility for medicaiton security rests with the clinicians and prescribers.

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?

medication pills often change shape and colour it will not avoid a prescription claim
pills are not coloured or shaped by some code of presentation. Different manufacterers use different coloourings and shapes according to thier manufacturing techniques. Patients become aware that the packaging and colour may vary and just ignore it. Frankly that is reasonable, it is not a defence to say “you should have noticed” it will not prevent a prescription claim by passing the buck.

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 info@law-med.co.uk

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?

doctor showing pills to patient in clinic - medication claim
The issue of medicaiton and its suitablity for any patient is a much debated subject. Almost every medication that you can name is actually a form of poison, its just the dosage that makes its effects therepautic rather than toxic. In that regard the patient is entirely relient upon medical professionals.

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:

  1. Call the doctor who prescribed you the medication immediately;
  2. Seek emergency medical attention;
  3. Call the pharmacy to report the error;
  4. If the pharmacy offers you compensation, do not accept it until you consult a lawyer.
  5. Take photographs of the incorrect prescription bottle;
  6. 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 info@law-med.co.uk

How Much Compensation Will I Get

How much compensation you will receive for your claim against a chemist is entirely determined by what sort of injury / how long the injury persisted that you have received and how intense the pain and suffering was;  so for instance a bout of dizzyness that lasted 6 weeks may be valued at an approximate range of £2000.00 to £3000.00 but if you were hosptalised and in receipt of intensive care during that time as the symptoms were so severe the amounts may be 5 or 10 times that. If you have permanent health problems as a result it may be 100 times that amount, again, depending on the seriousness of those symptoms. The only way to know for sure is to investigate the injury however, talk to us today and we can assess the situation in more detail. 

What Sort of Injuries Are Possible from Taking the Wrong Drugs?

The results of a prescription error can range from a simple headache or dizzyness that passes after a few hours to life-changing after effects, it all depends and what has gone wrong, what medications you should have had and which ones you actually took. In many cases the effects are temporary and not serious however, he condition you are receiving treatment for will not improve and there is the possibility that you could suffer a severe and adverse reaction and require emergency intervention.

How Do I Avoid Prescription Error?

Firstly, when you receive your medicine, always check that what you have received matches the name and dosage of that on your prescription. If you have multiple boxes of the same meds, then always check that it is the same medication throughout. If you have new medication and you are not sure what the right time to take them is, always ask the pharmacist to confirm, typically they will do this anyway but if they dont then it is your right to receive that information, dont be embarrassed to ask . It may be difficult to get to see your GP and your long term repeat prescription seems to work so why interrupt, however, you should have regular medication reviews and these should not be skipped.  Finally, if you are taking any other medication, let the pharmacist know and ask whether there are any concerns about the combination. Your doctor should also check at the time they write the prescription however, if you are concerned then ask.

Am I In Danger of Becoming Addicted?

In some cases the dangers of addiction to prescription medication are easily signposted. The medication itself normally indicates if there is a tendency towards dependence and even if not then a simple internet search can typically be undertaken to double check that the medicine is not being inadvertently delivered. In many cases the nature of the medication is well known and therefore a periodic review of the meds should be undertaken to ensure that they have not become part of the problem. 

How Long Will a Claim Take?

The usual answer for this question is that generally a compensation claim for medical negligence take between 18 and 24 months. This is a huge range and frankly a claim could take as little as 8 weeks or last as long as several years. Once your claim has been submitted, the other party has a protocol period of up to four months to investigate from and respond, before negotiations begin over the proportion of liability and the amount of compensation to be paid. Claims that have to go to court, either because the other party refuses to admit responsibility or because you can’t agree on a fair payment, take longer, as do claims involving complicated injuries where the extent of long-term damage is unclear or where multiple expert reports are required. 

Is There A Time Limit for Bringing a Prescription Claim

Again the usual answer to this question is that you generally should begin any claim that involves an injury within three years of the date your injury was linked to a incident of negligence. The reality though is much more complex and there are a number of factors that may mean you could not or would not have known about an injury or were not in a position to do anything about it. The only way to be sure if you have enough time to bring an action is to speak to a Solicitor who specialises in this type of claim. Call us today and we will get a panel member to speak to you completely free. 

Can All Of This Be Done No Win No Fee?

No Win No Fee agreements make it possible for people  to get high quality legal representation without having to apy up front. Sometimes referred to as Conditional Fee Agreements (CFA), If you win you pay a success fee, which is an agreed percentage of your total compensation payment. By law, this can not be more than 20%, and it will be openly discussed at the start of your claim so you can make an informed decision about whether to proceed.

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.

What is a community nurse?

Community nurse roles and responsibilities

A community nurse is responsible for performing many of the same duties as a district nurse. These include basic care (checking temperature, blood pressure and breathing), wound management, administering injections, setting up intravenous drips and assisting doctors with examinations and medical procedures. Community-based nurses are also able to provide vital information to clients, their families and carer/s, much in the same way as district nurses, while emergencysupport may also be required in cases when a patient is suffering cardiac arrest or a stroke. This demonstrates the many hats a community nurse must don in their line of care.

So what is the difference between community and district nurses?

  • 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
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