You could be wondering, ‘How much compensation for a dispensing error in a pharmacy could I get?’. In order to receive any compensation, it must be shown that you experienced avoidable and unnecessary harm as a result of your pharmacy failing to provide you with a competent standard of care.
Continue reading to get a better idea of how compensation is calculated, and to learn how our team at How Much Compensation could help you.
Key Takeaways
- A dispensing error happens when there is a discrepancy between the prescription and the medication you receive.
- The BMJ estimates there are more than 237 million medication errors made per year (2020).
- Dispensing errors can range from being given the incorrect dosage to the wrong medication completely
- Receiving the wrong medication can have lifelong impacts such as brain damage, organ failure or permanent mobility issues.
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To discuss your circumstances, you can contact our advisors today:
- Call our team on 0800 408 7826.
- Contact us using our online form.
- Use our live chat.
Frequently Asked Questions
- How Much Compensation For A Dispensing Error In A Pharmacy?
- Can Pharmacy Dispensing Error Compensation Cover Special Damages?
- Can I Make A Claim For Pharmacy Dispensing Negligence?
- How Might Negligence Lead To A Dispensing Error In A Pharmacy?
- How Can I Make A Pharmacy Dispensing Error Compensation Claim?
- No Win No Fee Dispensing Error In A Pharmacy Compensation Claims
- More Information
How Much Compensation For A Dispensing Error In A Pharmacy?
How much compensation for a dispensing error in a pharmacy you could be entitled to will depend on factors such as what harm you have suffered and whether you suffered any financial losses also.
When compensation is being calculated, two heads of loss will be taken into consideration. These are called general and special damages.
General damages are compensation for the physical and psychological impact of the harm you suffered. This head of claim can also consider any effect on your daily life or ability to engage in regular activities or hobbies.
When valuing general damages, professionals responsible can consider frameworks such as the Judicial College Guidelines (JCG). This document outlines injury categories and corresponding guideline compensation brackets.
The table below provides examples of how much compensation for a dispensing error in a pharmacy you could receive. Please note that these figures are not guarantees of compensation, and the top entry has not been taken from the JCG.
| Type of Harm | Notes | Compensation |
|---|---|---|
| Multiple forms of severe harm as well as special damages | Compensation to cover multiple types of severe harm and special damages such as medical expenses. | Up to £1,000,000+ |
| Brain Damage Very severe | Things such as sensory impairment, the extent of any behavioural problems and the presence of epilepsy will impact the amount awarded. | £344,140 to £493,000 |
| Brain Damage Moderately severe | Disabilities can be physical or cognitive. The injured persons degree of independence will impact the amount awarded. | £267,340 to £344,150 |
| Kidney Damage (a) | Severe and lasting damage to or entire loss of both kidneys. | £206,730 to £256,780 |
| Kidney Damage (b) | Individuals will show a high risk of future urinary tract infections or total loss of kidney function. | Up to £78,080 |
| Kidney Damage (c) | Loss of one kidney but the other kidney remains unaffected. | £37,550 to £54,760 |
| Bladder Double incontinence (a) | Both the bladder and bowel will have lost natural function, paired with other medical complications. | Up to £224,790 |
| Bladder Seriously impaired control | Some pain and incontinence but lack of control and impairment on natural function. | £78,080 to £97,540 |
| Digestive System Non traumatic injury Severe toxicosis (i) | Toxicosis causing vomiting, diarrhoea, and acute pain. | £46,900 to £64,070 |
| Digestive System Non traumatic injury Food Poisoning or Allergic Reaction | Allergic reaction or food poisoning causing an alteration of bowel function and significant discomfort. | £4,820 to £11,640 |
To see whether you may be eligible to claim compensation after your dispensing error, you can contact our advisors.
Can Pharmacy Dispensing Error Compensation Cover Special Damages?
Pharmacy dispensing error compensation can also cover special damages for any financial losses you have suffered. These damages can make up a large sum of your compensation because they can consider both past and future financial losses resulting from your unnecessary harm.
Below, we discuss what could be valued in special damages:
Loss of Earnings
Experiencing harm as a result of being given the wrong medication can have life-changing impacts. It may have left you unable to work, leading to lost earnings. These lost wages can be calculated by looking at your previous payslips; not only this, but if you have missed pension contributions or work-related bonuses, these could also potentially be valued in special damages.
Costs of Care
If you now require professional care in any capacity, whether this be round-the-clock care or general assistance with your daily tasks, these costs can also form part of special damages. Additionally, if you receive gratuitous care from a family member who has had to take time off work, their lost earnings may also be calculated within special damages.
Medical Expenses
Suffering avoidable harm after receiving the incorrect medication could now necessitate corrective medicines or medical treatments to address and manage that harm. These costs could also be accounted for in special damages.
Additionally, special damages could also include other expenses than those listed above.
A solicitor from our panel could help you gather supporting evidence to prove these financial losses. Get in touch with us today to learn what else special damages can consider, and how this compensation could help you.
Can I Make A Claim For Pharmacy Dispensing Negligence?
You could make a claim for pharmacy dispensing negligence if you can prove you suffered unnecessary harm due to the negligent actions of a pharmacist.
For an incident to be classed as medical negligence, it needs to meet the following criteria:
- A medical professional, such as a pharmacist, owed you a duty of care
- They breached this duty
- You suffered unnecessary and avoidable harm as a result
All medical professionals owe you a duty of care to provide a level of care that meets the minimum expected standard. Healthcare professionals can do this by following the professional standards laid out by the General Pharmaceutical Council.
Additionally, pharmacy dispensers must adhere to certain legislation, such as the Medicines Act 1968, which outlines the legal framework for manufacturing, prescribing and dispensing medicines.
Can I Make A Claim Against The NHS?
Yes, you can claim against the NHS provided that you suffered unnecessary harm whilst being treated by the NHS.
This type of medical negligence claim would be made against NHS Resolution. This body is responsible for resolving clinical negligence claims or disputes made against NHS Trusts.
To learn more about claiming against the NHS, contact our specialist advisors today. They’re available to answer any questions you might have.
How Might Negligence Lead To A Dispensing Error In A Pharmacy?
There are a range of ways in which negligence could lead to a dispensing error in a pharmacy, such as:
- Past expiry date: if a pharmacy technician or dispenser fails to properly check whether the medication they provide you with is still in date. This could mean your medication is ineffective, leading to a worsened condition.
- Wrong dosage: this can occur when you’re given the right medication but the incorrect dosage. If you’re given too high a dose, this could lead to an accidental overdose. If you’re given too little, this could cause your initial medical issue to worsen.
- Mislabelling: if your medication was inadequately labelled and subsequently mixed up with another patient’s medication. As a result, the medication you are given causes a drug interaction with other medications you’re taking. This leads to severe toxicosis.
What Can Be Done To Prevent A Dispensing Error?
For a pharmacy to prevent dispensing errors, it can:
- Implement systemic checks
- Double-checking procedures to ensure the medication being dispensed is correct for the patient and the dosage.
- Operate in an organised environment.
- Foster an environment of honesty and accurate reporting of pharmacy errors
- Regular training to ensure all staff are up to date with professional standards.
Get in touch with us today to discuss the process of starting your own dispensing error claim.
How Can I Make A Pharmacy Dispensing Error Compensation Claim?
When you make a pharmacy dispensing error compensation claim, you will need to gather evidence that demonstrates the harm you have suffered and how the pharmacy was liable.
Your evidence might include:
- The packaging that your medication came in
- A copy of your medical or GP record to show previous or ongoing prescriptions
- Photographs of the incorrect medication
- Any test results that show the harm caused by the medication error
- The details of anybody who may have witnessed the incident
A solicitor from our panel could help you gather all of this evidence. This is to ensure that you can focus on your recovery after suffering this harm.
Additionally, most compensation claims must be started within a permitted time limit. Generally, this limitation period is 3 years and runs from either:
- The date of the medical negligence
- The date of knowledge, when you realised that substandard care caused your harm
If you have any questions regarding the time limit, evidence or how much compensation for a dispensing error in a pharmacy you could claim, contact our advisors.
No Win No Fee Dispensing Error In A Pharmacy Compensation Claims
No Win No Fee dispensing error in a pharmacy compensation claims could be made with one of the solicitors on our panel if you suffered unnecessary harm due to substandard medical treatment.
The solicitors on our panel work on a No Win No Fee basis, via a Conditional Fee Agreement. This can be a beneficial way of instructing a solicitor as it means you’d have no upfront costs for them to begin work on your case.
As well as this, you’d have no payments for a solicitor to continue work on your claim once it’s begun. If your claim were to fail, you wouldn’t have any payments for the work of a solicitor from our panel.
Instead, if your claim were successful, then a limited percentage would be deducted from your compensation. This payment is limited in accordance with the Conditional Fee Agreements Order 2013 to make sure that claimants receive the bulk of their compensation.
As well as offering advice on a No Win No Fee basis, our panel of solicitors could:
- Support you when gathering evidence
- Ensure your claim is started within the time limit
- Communicate and advocate on your behalf so that you can focus on recovery
- Provide advice and support through the entire claim process
This isn’t all that a solicitor from our panel could help you with. To find out more about what our experts could do for you, contact us today using the details below.
Contact How Much Compensation
To get in touch with our advisory team, you can:
- Call our team on 0800 408 7826.
- Contact us using our online form.
- Use our live chat.
More Information
Some additional guides by us:
- How to make a hospital negligence claim
- Birth injury claims
- Retained placenta claims
Helpful Resources
- The General Medical Council’s report on the importance of medication errors
- How to make a complaint about the NHS
- Information on newly prescribed medicines
Thank you for reading our guide on how much compensation for dispensing error in a pharmacy.
