Do Medication Errors Breach UK Law? When to Sue Your Pharmacy for a Dispensing Mistake

Published - 27/09/2023

Medication errors can have severe consequences for patients, potentially causing personal injury or even avoidable death. Patient safety is of utmost importance in the United Kingdom, and there are legal frameworks in place to address instances where medication errors occur. This article explores the relationship between medication errors and UK law, discussing the conditions under which a medical error may breach the law and the options available to patients who experience such errors resulting from medical negligence.

Does the law recognise pharmacy medication errors in the UK?

Medication errors are taken seriously and recognised under the law in the UK. However, only a small fraction of medication errors result in legal action. The low rate of compensation and prosecution for pharmacy medication errors is due to several factors. Firstly, it can be difficult to prove that a pharmacy medication error was the direct cause of patient harm. Secondly, even if a patient can prove that a medication error caused injury, it can be difficult to prove that malpractice was the cause of the medical mistake.

The legal system acknowledges that pharmacy errors can result in severe consequences and holds the responsible healthcare provider accountable. Medication errors that breach UK law include dispensing the wrong medication in the wrong dosage or the prescribed medication being inappropriate.

Who is liable for pharmacy errors in the UK?

The liability for a medication error in the UK can depend on the stage at which the error occurred, the healthcare professional involved, and the severity of the harm caused. In general, the following healthcare professionals may be liable for the medication error:

• Prescribers: Prescribers such as GPs or doctors must ensure pharmacists can supply the correct medication and dose for the patient. If a prescriber makes an error, they may be liable for any harm. Read about common GP mistakes.
• Dispensing pharmacists: the pharmacy technician and the supervising pharmacist are responsible for ensuring they give the correct medication to the right patient. If a dispensing pharmacist gives the wrong medication, dose or medical advice, this could make them liable.

More than one healthcare professional may be liable for a medication error. For example, if a prescriber makes an error and the dispensing pharmacist fails to spot the mistake, both the prescriber and the pharmacist could be held accountable.

The severity of the harm caused by a medication error can also affect the liability of all healthcare professionals involved. If the medical error results in serious injury or death, the pharmacist involved may be subject to greater scrutiny or more severe prosecution.

Not all medication errors will result in liability for the community pharmacy, hospital or clinic. In some cases, the error may be due to factors beyond the control of medical professionals, such as from a manufacturing issue, in which case the manufacturer may be the cause or the error..

What resolution can you achieve after a medication error?

After a medication error, patients may seek a resolution through accountability, compensation or retribution. The consequences of the medical error for the pharmacy staff depend on the severity of the case and the nature of the medical negligence.

• Accountability - in most cases, patient safety incidents are reported to the pharmacy or hospital, and responsible pharmacists involved in the medication error will be held accountable—the General Pharmaceutical Council and the NHS value accurate reporting to avoid similar mistakes.
• Compensation – you may receive compensation if you have experienced harm or injury due to medical negligence. This compensation can help cover medical expenses, ongoing treatment, loss of earnings, and other related damages.
• Retribution - damages caused by medication errors could lead to a prosecution if they are criminal in nature.

When Can I Claim Compensation for a Medication Error?

Patients can claim compensation for a medication error if they have experienced harm or injury as a direct result of the error. Circumstances that may warrant a compensation claim include receiving the wrong medication, being prescribed the wrong dosage, or suffering adverse effects due to a drug interaction that should have been identified by the healthcare professional.

For the medication error claim to be successful, your medical negligence solicitor must identify that the mistake resulted from medical malpractice rather than factors out of the pharmacist’s control. It is crucial to consult with a specialist clinical negligence solicitor who can assess the case and determine the viability of a compensation claim.

How Can a Specialist Clinical Negligence Solicitor Help?

A specialist clinical negligence solicitor plays a vital role in helping patients who have experienced medication errors. Their expertise in medical negligence helps them navigate the legal complexities. They gather evidence, liaise with medical professionals, and build a strong case on your behalf. With their guidance, you can understand their rights, explore their legal options, and seek the resolution they deserve.

Wake Smith has a team of lawyers specially trained in medical negligence cases. If you’ve been directly affected by a pharmacy medication error, contact our team today and request a free consultation. A medical mistake can significantly impact patients, which is why we offer all clients a no-win, no-fee approach; you may have nothing to pay if your claim is unsuccessful.

Speak to medical negligence solicitors about your case today.