When you visit a pharmacy, you trust that you’ll be given the correct medication and advice by qualified professionals. But if that trust is broken and you’re harmed due to a pharmacist’s negligent actions, you may be entitled to claim compensation. This guide explains how to sue a pharmacy for clinical negligence and recover damages for your suffering. Whether you were given the wrong medication or suffered an adverse drug reaction due to a prescription error, it’s crucial to understand your options.

What You Need To Know

• You may be eligible to sue a pharmacy if substandard care directly caused you harm that could have been avoided.
• The standard time limit to begin a pharmacy compensation claim is 3 years, although there are exceptions.
• You can claim compensation for your physical, emotional, and financial suffering.
• Strong evidence such as medical records, prescriptions and witness contact details can support your claim.
• Our team can connect you with our panel of expert medical negligence solicitors who work on a No Win No Fee basis.

Read on to learn how to sue a pharmacy and start your compensation claim today. Our advisors are also available 24/7 to answer any of your questions, free of charge:

• Call 0800 408 7827
• Fill out our Contact Us page.
• Send a message into our live on-screen chat box.

Jump To A Section

1. How To Sue A Pharmacy For Compensation
2. What Negligence Could I Sue A Pharmacy For?
3. The Complications Caused By Pharmacy Negligence
4. How Much Pharmacy Negligence Compensation Can I Get?
5. How Can I Prove Pharmacy Negligence?
6. Can I Sue A Pharmacy On A No Win No Fee Basis?
7. Why Choose How To Sue?
8. Learn More

How To Sue A Pharmacy For Compensation

To sue a pharmacy for compensation, you must prove that a breach of duty of care directly caused you avoidable harm.

Pharmacies, pharmacists, and pharmacy technicians owe a duty of care to every patient they treat. This means they must provide a standard of care that meets acceptable professional standards. In the case of a pharmacy, this includes ensuring the correct medication is dispensed, dosages are accurate, and patients are not exposed to avoidable risks.

So, to be able to make a medical negligence claim against a pharmacy, the following eligibility requirements must be met:

1. A duty of care was owed to you by the pharmacy or its staff.
2. That duty was breached, for example, by giving you the wrong drug or incorrect dosage.
3. You suffered avoidable harm as a direct result of the breach.

Once these elements are established, you could be entitled to pharmacy negligence compensation.

Is There A Time Limit To Sue A Pharmacy For Negligence?

Yes, the standard time limit for starting a pharmacy negligence claim is 3 years, as per the Limitation Act 1980. This time limit commences from the date the negligence occurred, or from the date of knowledge (when you first became aware that pharmacy negligence occurred).

However, there are exceptions to this 3-year rule, including:

• Children – If the person affected was under 18 at the time of the incident, the 3-year time limit does not begin until their 18th birthday. A responsible adult, known as a litigation friend, can make a claim on the child’s behalf at any time before they turn 18.
• Lack of mental capacity – If the injured person lacks the mental capacity to manage their own legal affairs, the time limit is suspended indefinitely. A litigation friend may act on their behalf. The 3-year limit will only begin if and when the person regains capacity.

Litigation friends represent the best interests of a person who cannot manage their own claim, and play a vital role in ensuring that vulnerable individuals are still able to access compensation.

Speak to us today for clear guidance on the claims time limit and to how to sue a pharmacy for negligence. We can give you a free, no-obligation case assessment.

What Negligence Could I Sue A Pharmacy For?

You can sue a pharmacy for a wide range of negligent actions, provided they result in avoidable harm.

Some examples of pharmacy negligence include:

• Dispensing error – A pharmacist mixes up two different patients’ prescriptions due to rushing and poor labelling procedures. One patient receives medication they were never prescribed and unknowingly takes tablets they are severely allergic to, resulting in an episode of anaphylaxis and hospitalisation. This is a clear breach of duty.
• Incorrect dose – A pharmacy technician misreads the dosage instructions and dispenses medication with double the prescribed strength. The patient takes it for several days before noticing symptoms of toxicity, including vomiting and blurred vision, requiring emergency care.
• Wrong drug – Two medications with similar names are stored next to each other on a shelf. A distracted pharmacist selects the wrong one and fails to cross-check it. The patient ends up taking a heart medication instead of their prescribed painkillers, causing serious side effects due to a pre-existing condition.
• Wrong instructions – The pharmacist attaches incorrect usage directions on the label, instructing a patient to take the medication three times a day instead of once. The overdose results in liver damage that could have been avoided with proper attention to detail.
• Failure to check for drug interactions – A patient collecting a new prescription is already taking regular medication for a chronic condition. The pharmacist fails to check for potential interactions. As a result, the combined drugs cause internal bleeding, requiring hospital admission.
• Repeat prescription error – A repeat prescription is fulfilled by the pharmacy. The patient had recently had their dosage adjusted, but the pharmacist gave too much of a low dose. This causes a relapse in their condition and a delay in recovery.

Each example listed could form the basis of an eligible pharmacy negligence claim, provided the correct evidence is available

So, if you’ve experienced any of these issues, call us now for a free consultation to discuss your pharmacy negligence case.

The Complications Caused By Pharmacy Negligence

Pharmacy negligence can lead to multiple serious injuries, from short-term discomfort to life-threatening complications. When a pharmacy makes a pharmaceutical mistake, patients can suffer far beyond the initial incident.

Potential complications include:

• Adverse drug reactions that result in hospitalisation.
• Worsening of the underlying condition due to incorrect treatment.
• Allergic reactions from receiving the wrong medication.
• Psychological trauma from a medical scare.
• Long-term health consequences from toxic doses.

The emotional, physical, and financial toll of these mistakes can be profound. Some patients are left with permanent conditions or require significant recovery time, impacting their lost income and private medical costs.

Contact us now to explore how to sue a pharmacy for compensation with our panel of specialist solicitors.

How Much Pharmacy Negligence Compensation Can I Get?

The amount of pharmacy negligence compensation you could receive depends largely on the severity of the harm you’ve suffered and how it has affected your life. Compensation is generally divided into two parts: general damages and special damages.

General damages compensate for the physical and emotional suffering caused by the incident. These are often assessed using the Judicial College Guidelines (JCG), which set out compensation guidelines for different types of harm.

The value of general damages can be influenced by several factors, including:

• The severity and type of the harm caused (e.g. mild allergic reaction vs. life-threatening complications).
• The duration of symptoms or recovery time.
• Any permanent or long-term health effects.
• The impact on your quality of life, including mobility, mental health, or independence.
• The level of pain and suffering endured.
• Whether the injury has affected your ability to work, care for yourself, or carry out daily tasks.
• The age and general health of the claimant at the time of the incident.

Here are some example compensation brackets for different types of harm that could result from a pharmacy error, based on the JCG (except for the top figure). These figures are only guidelines however. The specific circumstances of your pharmacy negligence claim will be taken into account when assessing how much you could be awarded.

Want a clearer idea of how much compensation you could claim? Contact our team today for a personalised case assessment with no obligation to proceed.

What Other Damages Can I Sue A Pharmacy For?

Beyond pain and suffering, you can also claim for special damages, which cover the financial losses that you’ve incurred due to pharmacy negligence. Special damages are a vital part of your compensation claim as they help to restore your position as if the harm had not occurred.

These might include:

• Medical expenses: Including treatment, prescriptions, and private medical costs.
• Travel expenses: For medical appointments and consultations.
• Lost income: For time taken off work during recovery.
• Future loss of earnings: If you’re unable to return to work or lose earning potential.
• Care costs: If you needed support during your recovery.
• Home adaptations or mobility aids: Where required due to permanent injury.

Every compensation claim is different, and gathering proof for these losses is essential. So, please keep hold of all bank statements, invoices, payslips, and receipts that can support you.

Let us help you recover every penny you could be owed. Contact our team today to learn more about how to sue a pharmacy.

How Can I Prove Pharmacy Negligence?

To make a successful pharmacy negligence claim, you must present strong evidence showing that a medical professional breached their duty of care and this led to your injury.

Useful evidence includes:

• Medical records: To show the correct prescription versus what was dispensed.
• Pharmacy receipts or packaging: Proof of what you were given.
• Witness contact details: From family or carers who observed your condition. They could provide a statement during the claims process.
• Photographs: Of physical injuries such as rashes or swelling.
• Correspondence: Emails or notes from your GP or pharmacist discussing the incident.

All this evidence strengthens your claim for pharmacy negligence compensation.

Need help gathering your evidence? Call our advisors now for step-by-step support from our dedicated team. if you are connected with one of the solicitors from our panel, they can help collect your evidence for you.

Can I Sue A Pharmacy On A No Win No Fee Basis?

Yes, you can sue a pharmacy on No Win No Fee basis with our panel of solicitors. The specific agreement our panel offers is known as a Conditional Fee Agreement (CFA) , which is a specific type of No Win No Fee agreement commonly used in medical negligence claims..

Under a CFA, there are:

• No upfront solicitor fees to begin your claim.
• No ongoing solicitor fees while the claim is being handled.
• No fees to pay your solicitor for the work they carried out if your claim is unsuccessful.

You will only pay your solicitor a fee if your claim is successful. This is known as a success fee, which is a legally-capped percentage that’s deducted from your final compensation award. If your claim fails, you won’t have to pay your solicitor for the work they carried out.

This approach makes pursuing a pharmacy compensation claim far les stressful, especially for those already dealing with financial losses such as lost income or medical expenses.

See if you can start a No Win No Fee claim today for pharmacy negligence by speaking with our experienced advisors. It’s completely free to find out if you’re eligible.

Why Choose How To Sue?

At How To Sue, we are committed to helping people affected by pharmacy negligence get the compensation they deserve. We can connect you with an experienced panel of solicitors who specialise in medical negligence claims, and who work on a No Win No Fee basis.

Our panel of solicitors offer the following services:

• Refer you to rehabilitation services, such as physiotherapists, psychologists, or occupational therapists.
• Assist in gathering key evidence.
• Break down legal terminology so you fully understand your claim.
• Guide you through every stage of the claims process.
• Handle all communication with third parties and the courts.
• Work to negotiate a fair settlement on your behalf.
• Help you apply for interim payments while the claim progresses, if necessary.
• Provide access to taxi accounts to cover essential travel to medical appointments.
• Take on claims nationwide.

Let us help you take the next step. Call us today for a free consultation on how to sue a pharmacy for negligence.

Contact Our Team

If you’ve suffered avoidable harm due to pharmacy errors, don’t delay. The sooner you start your pharmacy compensation claim, the sooner you can move forward. Call our team today for a free consultation and see how we can help:

• Call 0800 408 7827
• Fill out our Contact Us page.
• Send a message into our live on-screen chat box.

Learn More

For further guidance on related topics, explore the following resources:

Our similar guides:

• How to sue if you have had an allergic reaction to penicillin.
• How to sue if you’ve been wrongly prescribed quinine.
• How to sue if you’ve been wrongly prescribed antidepressants.

External pages:

• NHS – find a pharmacy.
• General Pharmaceutical Council (GPhC) – the regulator for pharmacies in Great Britain.
• Care Quality Commission (CQC) – the regulator for health and social care services in England

Don’t let pharmacy negligence go unchallenged. Start your claim today and discover how to sue a pharmacy with the help of a trusted panel of solicitors.