Pharmacy Negligence Claims

Pharmacy Negligence is a specific type of medical negligence that results from errors in medication or prescriptions which end up affecting the health of a patient.

When we get sick, we rely on the expertise of doctors and pharmacists to know what medications are best suited to improving our health, and ensuring that they are properly made up and dispensed.

When given the wrong medication, the wrong dosage of a medicine, or when a prescription is not properly filled out, this can result in a patient getting even sicker, rather than better.

If you have been a victim of pharmacy negligence in sligo or the surrounding areas, Valerie Kearins solicitors are here to help. Our team of Medical Negligence Solicitors will help you get the compensation you deserve.

Mistakes happen in any workplace, unfortunately those errors can have serious implications for people’s health when they are made in a medical setting.

Pharmacy Negligence occurs when a patient receives incorrect medication as a result of mistakes by a doctor, pharmacist, or other professional involved in your medical care.

This might happen if a prescription or medical label has been misread, giving you the incorrect medication or the incorrect dosage of medication. It can also occur when you are prescribed medication which you should not receive.

If you feel you have been the victim of medical negligence and you are considering filing a claim for compensation, feel free to get in touch with Valerie Kearins Solicitors for an assessment of your case.

The main types of claims resulting from pharmacy negligence are:

If a patient is given the wrong medication, it can result in their condition going untreated, or potentially make their health even worse. 

Receiving the wrong medication could result from a doctor prescribing the incorrect medicine, the pharmacist reading the prescription wrong, or medications for different patients getting mixed up.

It is not only important to give patients the right medicine, but to give them the correct dosage. Receiving too strong a dosage of medication could worsen your health, while receiving too little might give the impression that it’s not working, causing a doctor to discontinue the treatment.

This again might result from an error in judgement by a doctor, or a mix-up by the pharmacist while making up the medication.

Many medications, while helpful on their own, can have terrible effects on a person’s health if combined with other medications.

For patients who are on multiple medications, it is essential for doctors and pharmacists to be aware of their medical history so that they do not receive something which could create a deadly cocktail.

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.

If a pharmacist or doctor misreads a prescription or medical records, it may result in the wrong medication being dispensed, or given in the wrong dosage.

An incorrect diagnosis from a doctor might result in a patient being prescribed the wrong medication for their condition. Lack of knowledge of the names of medications, often confused by proper names and brand names, abbreviations, or the names of generics, can also result in errors that can have serious implications.

Errors in the administration of paperwork and medical records at a hospital or GP might result in different patients’ medication getting mixed up, or someone receiving medication they shouldn’t have.

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.

At Valerie Kearins Medical Negligence Solicitors, our friendly and experienced team have extensive knowledge of legal cases involving medical negligence claims.

To be eligible for compensation in a pharmacy negligence claim, you must be able to show that there was negligence from a medical practitioner involved in your care, and that this negligence caused you harm. What harm you suffered will have a significant impact on the amount of compensation.

There are two main categories of damages that can arise from a pharmacy negligence claim, General Damages and Special Damages.

These refer to the suffering and harm to your health which arose directly from the negligent care. It can include physical pain and damages, along with psychological suffering from the injury or illness connected with the negligence.

Special Damages generally cover the additional costs and financial burden which you endured as a result of the negligence. It could include the cost of extra medical care, loss of earnings if you were unable to work, or transport costs.

There are many medical professionals involved in the chain of patient care who could potentially be liable for pharmacy negligence. These can include, but are not limited to:

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.

If your own behaviour is determined to have had an impact on the harm you suffered as a result of medical negligence, it may affect any claim you bring.

Misreading the instructions on medication labels, or not seeking any medical care after medication has made you sick may be considered contributory negligence.

This wouldn’t preclude making a claim for pharmacy negligence, but could have an effect on any settlement.

Valerie Kearins Solicitor Sligo is one of the leading solicitors’ firms in Sligo, with decades of experience in helping clients with their medical negligence claims.

We have a long track record of satisfied clients, large and small, who have benefitted from our legal expertise and personal attention to their cases.

If you are making a medical negligence claim in Sligo, then our experienced team are ideal for your needs.

Medical negligence claims can be delicate and complex, which is why victims of malpractice often choose to contact a specialist solicitor for help with their case. 

It is worth remembering that only 3% of medical negligence cases are settled in court, so having someone on your side with knowledge and experience of legal negotiations around substandard healthcare can be useful. 

To give yourself the best chance of a successful claim for compensation, try following these steps:

1. Seek Appropriate Legal Guidance: You can initiate the legal process by yourself, but you may be best served contacting an experienced legal representative to walk you through the process and assemble a strong case. At Valerie Kearins Solicitors, our team are happy to oblige clients with assistance on matters surrounding malpractice.
2. Gather Medical Records and Order Independent, Third-Party Reports:  Documentation and evidence of medical history are important factors in building a strong case for compensation. They can lend credibility to your case and aid you in attaching blame to the negligent party. The sooner a medical negligence solicitor can access these files, the better chance you have at securing compensation.
3. Assess Your Claim for Compensation:  A good medical negligence solicitor will be able to examine the specifics of your case to get an idea of the kind of fee that would be considered appropriate compensation. This can depend on the extent of your injury and the impact it has on things like your ability to work and provide for yourself in the period that follows.
4. Begin Court Proceedings: Only around 3% of medical negligence cases go to court as most cases are settled before this point. If your case does go to court, your solicitor will begin putting things in motion by filing the appropriate court papers. As mentioned above, proceedings must begin within two years so as to abide by the statute of limitations. Medical negligence cases can drag on beyond that two-year period, but your lawyer will look to get things started as soon as possible.

In Ireland, the standard statute of limitations for medical negligence claims is two years after the incident occurred.

There are exceptions to this rule however. If the illness of injury that you suffered isn’t linked to the medical negligence until a later date, then the two year clock will generally start when it is diagnosed.

The date of knowledge applies in cases where patients were not initially aware of the injury they had suffered or they were misled over the significance of that injury. 

If you suffered from medical negligence when a minor, you can wait until you are legally an adult before filing a claim. In this case the two year limit will start when you turn 18.

In certain circumstances it is allowed to file a medical negligence claim on behalf of another person.

Parents of legal guardians can make a claim on behalf of a minor while they are under the age of 18.

It is also possible to make a claim on behalf of another individual if they have a pre-existing condition which renders them incapable of making a decision themselves, such as dementia, Alzheimers, stroke, certain mental health conditions, or brain injuries.

Valerie Kearins Medical Negligence Solicitors specialise in medical negligence claims. Our friendly and experienced team are always on hand to offer advice and assist clients in securing compensation for accidents and injuries that occur because of substandard healthcare.

Feel free to contact us today for a full assessment of your medical negligence case.