Pharmacy Negligence is a term which falls under the umbrella of medical negligence, resulting from a medication or prescription error which results in a negative effect on the condition of a patient.

People rely on their doctors and pharmacists to ensure that they have been prescribed the correct medication, in the correct dosage, and that this prescription has been properly filled out. In most cases this is exactly what happens. 

However, errors in the management of medication by doctors and pharmacists can result in negative effects for patients. 

If you have been the victim of negligence by a pharmacist or GP in Ireland you may be entitled to compensation, and should consider consulting with a solicitor.

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What is Pharmacy Negligence?

Doctors and Pharmacists have a responsibility to ensure that patients receive the proper medication for their condition. When patients receive the wrong medication, either because it was prescribed incorrectly or because the prescription was not followed properly, there may be a case for negligence.

The main errors which tend to arise under pharmacy error are:

  • The patient is given the wrong medication, either as a result of an error by the doctor or an incorrect filling of the prescription by the pharmacist, which results in a negative effect on a patient’s health.
  • The patient receives the wrong dosage of medication, being given either too much of too little to properly treat their ailment.

Common Pharmacy Negligence Claims

  • Giving incorrect medication claim
  • Wrong dosage of medication claim
  • Clashing medication claim
  • Allergic to medication claim

Giving Incorrect Medication Claim

If the wrong medication is dispensed, either as a result of the doctor making an error or the pharmacist making a mistake with the prescription, then it can have serious effects on a patient’s health.

The wrong medication can result in a person’s condition going untreated, or can even cause their health to worsen in the worst case scenarios.

Wrong Dosage of Medication Claim

If the wrong dosage of a medication is given to a patient, either too much or too little, it can result in the treatment being ineffective, or potentially have its own harmful effect on their health.

Clashing Medications

Many medications can have a terrible effect on a person’s health if taken alongside the wrong other medication. Doctors and Pharmacists should be aware of the potential harmful impacts of potential interactions between different medications that a patient is taking.

Allergic to medication claim

When prescribing a medication, it is essential that doctors consult with their patient’s medical records to ensure that they are not allergic to that medication.

Need Advice? Speak With An Expert.

If you are a victim of medical negligence, obtaining the advice of a professional and experienced solicitor is in your best interests.

Compensation for Pharmacy Negligence

There are two main elements to making a claim for Pharmacy Negligence, was there negligence by a medical practitioner involved in your care, and, importantly for compensation, what harm did you suffer as a result of that negligence.

Damages from Pharmacy Negligence can be separated into:

  • General Damages: These are the physical and medical damages you have suffered as a result of the events in your claim. It can refer to physical harm and suffering, or emotional or psychological damages resulting from an illness/injury in which negligence was involved.
  • Special Damages: This is where you get into the financial losses which you may have incurred as a result of the injury/illness caused by medical negligence. A loss of earnings, specialist medical expenses, travel costs, and other financial costs/losses can feed into special damages.

Who is Responsible for Pharmacy Negligence

Like any kind of medical negligence, Pharmacy negligence can arise from actions by a large variety of people involved in the chain of patient care.

These can include GPs, nurses, pharmacists, surgeons, lab technicians, consultants, dentists, and others.

In order to make a claim for Pharmacy Negligence you must be able to show that you received inadequate medical care, and that this negligence had a negative effect on your medical condition.

How Does Pharmacy Negligence Happen

Misread Instructions

A pharmacist or doctor might misread the writing on the prescription, resulting in dispensing the incorrect medication or dosage of the required medication. This could lead to severe problems in the treatment of the patient.

Incorrect Knowledge

A doctor might prescribe the wrong medication for their patient based on an incorrect medical decision or diagnosis. Lack of awareness of the names and abbreviations of medications can also result in errors that can have serious implications.

Administrative Errors

Mistakes in the filing or paperwork and other errors in the administration of medical records might result in a patient receiving the medication meant for another person, getting their medication too late, or other mistakes that can harm someone.

Poor Labelling

Simple bad handwriting can result in a pharmacist misreading a prescription and giving the wrong medication or dosage as a result. This can seriously affect the health of the patients.

Are You Eligible For Compensation?

If you want to obtain compensation for the negligence you have suffered contact us today.

How to Make a Claim for Medical Negligence

It can be difficult to come to terms with the process around making a medical negligence claim, and many people choose to enlist the help of an experienced medical negligence solicitor to give themselves the best chance of securing compensation. 

If you suffer an illness, injury or disease as a result of medical negligence, you may be best served following these steps.

  1. Seek Legal Counsel: If you want to move forward with your claim by yourself, you are free to do so, but if you want the help of an expert solicitor, our team at O’Brien Murphy are on hand to assist you.
  2. Solicitor Will Obtain Independent, Third-Party Medical Report: Your solicitor will begin building your case by gathering medical records and an independent, third-party report that adds credence to your claim. You can assist your solicitor in this regard by giving them access to records and documentation.
  3. Assessment of Your Claim for Compensation: Your solicitor will be able to analyse your claim further in order to estimate an appropriate fee for compensation. This will make negotiations with the other party easier and hopefully stop the case from dragging on for a long time.
  4. Begin Court Proceedings: If your case is settled outside of court, as is likely, there will be no need for you to attend a trial. Still, your solicitor will prepare your case as though it is going to court and that means initiating proceedings within the statute of limitations.

Time Limit for Medical Negligence Claims

Generally speaking you have two years to make a claim of Medical Negligence. This can be two years from the time of the negligent act, or two years from the point where you learned that negligence resulted in a negative medical outcome/condition.

Make a Claim for Pharmacy Negligence Today

The factors that govern a case of Pharmacy Negligence are many and varied. Speak with our dedicated personnel at O’Brien Murphy Solicitors today to learn if you have the basis of a claim.

Our team has years of experience and can help you understand every step of the legal process to claim the compensation that you are due.

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O’Brien Murphy Solicitors has a wealth of experience and a history of success in personal injury and medical negligence cases.

We pride ourselves on achieving the best results for our clients whilst at the same time making everything as straightforward and clear for you as possible.