Pharmacy Dispensing Incorrect Medicine

Introduction: Pharmacy Dispensing Incorrect Medicine

Making a claim for pharmacy dispensing incorrect medicine can be a frustrating scenario in which to find yourself. The pharmacist had a duty of care to fulfil towards you and as a result you should not have expected to develop an illness from incorrect medicine from pharmacy. If it can be determined that you became ill as a result of the negligence of a third party who owed you a duty of care, it could be possible to claim compensation for incorrect medicine from pharmacy.

However – because you became ill as a result of the incorrect medicine does not automatically entitle you to make an incorrect medicine from pharmacy claim. To be able to seek compensation for incorrect medicine from pharmacy it must be established that you were the victim of negligence which may not always be easy to establish. For this reason you are advised to consult a personal injury solicitor at the earliest opportunity to assess your claim for incorrect medicine from pharmacy.

Liability for a Claim for Incorrect Medicine from Pharmacy

Before you make a claim for pharmacy dispensing incorrect medicine liability must be determined for your accident and illness. While the pharmacy may immediately appear to be the liable party in a claim for incorrect medicine from pharmacy, this may not necessarily be the situation. Compensation for incorrect medicine from pharmacy may only be claimed against the pharmacy if it is established that they did not commit the error on account of the mistakes of another party.

For example, an incorrect medicine from pharmacy claim could be made against the doctor who prescribed the medicine to you if he or she made a mistake in their prescription. It is also possible that hospital administration could have made an error when handling your details and this resulted in your illness from incorrect medicine from pharmacy. While liability for incorrect medicine from pharmacy compensation may initially seem straightforward it should be noted that complications may arise, because of which you should engage the services of a solicitor when making a claim.

Seeking Compensation for Incorrect Medicine from Pharmacy

When liability has been determined after a pharmacy dispensing incorrect medicine accident, a claim can be made against the insurance policy of the negligent party. It should be remembered that a claim for incorrect medicine from pharmacy cannot be assessed by the Injuries Board as it constitutes as medical negligence and the advice of a medical expert may be required. And although compensation for incorrect medicine from pharmacy can be pursued alone, you are advised to engage the assistance of a solicitor to represent your claim on your behalf.

A letter of claim will be written by your solicitor to the party who is held negligent, who can accept liability and negotiate incorrect medicine from pharmacy compensation. However the negligent party may also reject or challenge liability for an incorrect medicine from pharmacy claim and court action may be required to settle your claim. However every effort possible will be made in order to resolve the claim out of court, as neither party will wish to accept the significant costs of litigation.

Amount of Incorrect Medicine from Pharmacy Compensation

The compensation you can claim for pharmacy dispensing incorrect medicine will depend upon the specific circumstances surrounding your accident and injury. Your claim for incorrect medicine from pharmacy will begin with general damages for the injuries you have sustained, their severity and whether they are likely to have a long-term effect upon you. Your compensation for incorrect medicine from pharmacy will then consider special damages for the financial losses you experienced such as expenses and lost income.

Loss of amenity in an incorrect medicine from pharmacy claim will take into account the deterioration you have suffered in your quality of life since your accident and injury, such as the loss of ability to perform everyday tasks or partake in social and leisure events. Psychological damage will also be factored into your incorrect medicine from pharmacy compensation provided that it can be verified by a qualified psychiatrist. It should be remembered by anybody making a claim for illness from incorrect medicine from pharmacy that as each claim is unique, the compensation awarded will never be identical.

Third Party Capture Following an Illness from Incorrect Medicine from Pharmacy

Any potential plaintiff involved in a pharmacy dispensing incorrect medicine accident should be wary of the possibility of third party capture. This occurs when the insurance company of the negligent party – aware of their client’s liability – offers compensation for incorrect medicine from pharmacy to the victim of the accident. However – while such an offer may appear to be welcome, the truth is that the value of such a settlement offer is often far below the true value of your claim for incorrect medicine from pharmacy.

The insurance company is primarily interested in spending as little money as possible and are unconcerned in ensuring that you receive fair compensation for your illness from incorrect medicine from pharmacy. Should an offer of incorrect medicine from pharmacy compensation be accepted which later transpires to be entirely unsuitable for your requirements you will be unable to return and seek more compensation. For this reason you should always have a personal injury solicitor assess your incorrect medicine from pharmacy claim before accepting any offer.

Summary: Incorrect Medicine from Pharmacy Claim

Before making a claim for incorrect medicine from pharmacy, it is important to remember that liability can be difficult to establish and as a claim can take some time to prepare, a personal injury solicitor should always be contacted at the earliest opportunity. Legal advice is of particular use when seeking compensation for incorrect medicine from pharmacy as such claims will be considered as medical negligence and as a consequence will not be assessed by the Injuries Board. With professional legal representation, you can be guided through the process of claiming incorrect medicine from pharmacy compensation.

It is also important to be aware of the amount of incorrect medicine from pharmacy compensation to which you should be entitled, as there is a danger that you may be undercompensated for your illness from incorrect medicine from pharmacy. With professional legal advice, you will have a far greater likelihood that your claim for pharmacy dispensing incorrect medicine will be successful.