By Ken Thomas, partner and medical negligence specialist at Harding Evans Solicitors
1. My child was recently given the wrong medication at my local
pharmacy. Could he bring a claim against the pharmacy?
The short answer is yes. I have acted on many such cases. Pharmacy dispensing claims can arise from errors made by pharmacies in hospitals, supermarkets or on the high street.
Another fundamental error can be in giving out the wrong dosage tablets. There, the individual receives too little or two much of the medication, which can clearly have adverse consequences. Children and the elderly can be especially vulnerable in such situations, likewise people with chronic conditions that are controlled by medication.
2. Are these cases hard to win? As a result, do they take several years?
In truth, these cases are relatively straightforward in most instances. Usually, there is no defence. In other words, the claim is highly likely to succeed if handled by a specialist solicitor in particular. In turn, this usually means that the cases can be resolved in a matter of months at most. Tragically, sometimes, someone can die or suffer very severe injuries as a result somewhat dispensing error, those situations can take a lot longer to resolve.
Either way, these cases very rarely, if ever, go to Court. I have seen situations where the pharmacy chain has offered compensation to an individual without legal representation. It would be potentially unwise to accept without seeking legal advice. Indeed, where the injured party is a child, Court approval may be necessary so legal advice is imperative.
3. What can we claim for on behalf of my son?
Firstly, his pain and suffering that could otherwise have been avoided. Secondly, any out of pocket expenses. If you had to take unpaid time off work to look after your son, this wage loss may be recoverable. Likewise, any travelling charges back and forth to hospital, parking expenses and such like.
4. Should I notify any other authorities of this mistake?
I would like to do what I can to ensure such errors occur only rarely.
This is pretty much up to the individual to decide. You could notify the governing body for pharmacists, namely the Royal Pharmaceutical Society of Great Britain. In addition you could notify your local Community Health Council or contact the Local Health Board directly to advise them of what has happened – they may wish to launch an investigation.
Sometimes, pharmacists can be disciplined by their governing body. Notifying the relevant bodies might go some way to avoiding the errors being repeated.
5. If I am going to pursue a claim, how would the claim be funded?
Legal Aid might be available. This depends upon the severity of your son’s injuries. Routinely, a child’s application is assessed on their own financial position regardless of their parents’ income/savings. Otherwise, the case may well be suitable for a “No Win, No Fee” Agreement.
Furthermore, if you check your home contents insurance policy, this may cover you for legal costs. In any event, as is the norm, where an award is received, the legal costs are paid on top and do not come out of that compensation.
6. Finally, is there a time limit?
Normally, the rule is three years from the date of negligence.
However, in the case of a child, the three years only begins on
their 18th birthday. As with any claim of this type, the sooner the
process is commenced, the better.
