Medical Negligence Solicitor and Partner - Degree in Law (LLB)
Read more about Corrina »Many people wrongly assume that medical negligence claims only apply to mistakes made by doctors or within hospitals.
In reality, any healthcare professional who owes you a duty of care can be the target of a medical negligence claim, including pharmacists and chemists.
Although rare, pharmacy mistakes and errors can have just as devastating an impact as other forms of clinical negligence – from severe allergic reactions to allowing patients’ pre-existing health conditions to progress.
In this guide, we will explain common examples of pharmacy dispensing errors, who is responsible for mistakes, and what you need to know about making a pharmacy negligence claim.
In 2024/25, NHS and community pharmacies in England dispensed a record 1.16 billion prescription items – approximately 104,000 items per pharmacy.
Against this huge demand, the overwhelming majority of prescriptions are dispensed safely and accurately. Nonetheless, mistakes do happen, and can have severe consequences for patient safety.
The most common examples of pharmacy negligence in the UK include:
Any of the above pharmacy errors could be considered negligent if they caused physical or psychological harm to a patient. The adverse effects of dispensing the wrong medication can range from mild, short-term illnesses, to life-threatening reactions such as anaphylaxis, exacerbation of asthma or kidney problems.
If you believe that you, or someone you love, was caused harm by the pharmacy errors outlined above, or another mistake made by your pharmacist or chemist, read on to find out how you can pursue a compensation claim.
Research published in BMJ Quality & Safety several years ago revealed that over 237 million medication errors were made every year in England and Wales.
16% of these errors (approximately 38 million) were categorised as “dispensing errors”, or errors that occurred in hospital or community pharmacies.
Further research has shown an error rate of up to 3.32% in community pharmacies, and up to 2.7% in hospital pharmacies.
These numbers are thankfully small when we consider the billions of items dispensed every year across the country. But in the rare cases of serious harm, it is vital that pharmacies are held accountable, both for the financial security of the patient affected, and to help prevent future mistakes.
Liability for pharmacy errors can reside with several professionals, both inside and outside the pharmacy itself:
If the NHS or another hospital directly runs the pharmacy, it will be the NHS Trust or the hospital’s responsibility to pay any compensation to the claimant. If a privately owned pharmacy is responsible for the patient’s harm, their insurers will likely cover any compensation awarded.
The legal responsibilities of pharmacists in the UK are outlined in the 9780111161524">Pharmacy (Preparation and Dispensing Errors – Registered Pharmacies) Order 2018.
In addition, the General Pharmaceutical Council (GPC) standards present the nine guidelines that pharmacy professionals must adhere to in their work:
When the standard of care given to a patient falls below an acceptable standard, and the patient suffers harm as a result, that is when a negligence claim can be pursued.
The ramifications of a pharmacy error are incredibly varied, and depend on the significance of the error, the patient’s health, the risks associated with certain medications and several other factors.
Fortunately, the majority of medication errors have little to no impact. 72% of medication errors cause no more than minor harm to the patient, while just 2% result in serious harm.
At the milder end of the spectrum, patients could experience temporary side effects, reduced effectiveness due to the wrong dosage or strength, or symptoms worsening in the short term.
However, in rare cases, these mistakes can have severe outcomes, including (but not limited to):
In the worst-case scenarios, a medication or prescription error can result in a patient’s death.
That is why, even though they are very rare, mistakes must be identified, reviewed and challenged to reduce the number of severe incidents and improve patient safety in pharmacies nationwide.
Read more about the causes and risks of prescription and medication errors.
Practically speaking, making a pharmacy negligence claim is no different to making any other form of medical negligence claim. However, before speaking with a solicitor or adviser about your situation, it is worthwhile to do the following:
Speak to a healthcare professional about your prescription and the impact it has had on your wellbeing. Also, they can help ensure you receive the correct medication for your underlying condition.
Keep a record of what medication you were prescribed and supplied – the more exact you can be, the better for proving your case.
Gather all physical evidence you can related to the medication you received, as this will be invaluable for your claim.
Try to write down how your medication affected your health, with a timeline if possible. You do not need to remember everything, but it will help you recall events when speaking to a solicitor.
With these preliminary steps taken, you should then reach out to a reputable medical negligence law firm to start your claim:
From here, your solicitor should guide you through your claim with complete transparency, answering any questions you have along the way. For more information about making a pharmacy negligence claim, read our claims process guide.
Please note that you do not need to make a complaint against the pharmacy or your pharmacist before pursuing a claim. If you wish to do this, follow the specific complaint procedures of the pharmacy, or report your concerns to the GPC.
Yes. Like other claims, you typically have a three-year time limit to make a pharmacy negligence claim. The three years start from the date you became aware of your injuries, also known as the Date of Knowledge.
There are exceptions to this rule:
Please be advised that every claim is at the discretion of the court. So, even if your injury occurred over three years ago, we recommend reaching out to a solicitor – they can advise on whether your case may still be accepted.
A successful pharmacy negligence claim must prove (on the balance of probabilities):
Proving these elements depends on the quality of evidence presented. Evidence needed for a pharmacy negligence claim can include:
Independent medical reports are especially important in assessing whether your pharmacist breached their duty of care, and the extent of the injuries their negligence caused you physically, emotionally and financially, which will help value your compensation.
Pharmacy error compensation is divided into two broad categories:
As every pharmacy negligence claim is different and heavily influenced by each claimant’s unique circumstances, it is impossible to estimate how much your claim is worth immediately. There is no “average” compensation award to judge against.
For general damages, we may refer to the Judicial College Guidelines for an initial guide based on the injuries you sustained, with some examples below:
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However, these guidelines are only rough estimates. Compensation must always be calculated on a case-by-case basis to ensure you receive the right settlement for your specific injuries, needs and circumstances.
Special damages cover a wide range of present and future costs that are unique to the claimant’s specific circumstances, including (but not limited to):
At Gadsby Wicks, our highly experienced lawyers thoroughly investigate all available evidence and work with our extensive network of independent experts to ensure that our clients recover the compensation they need to secure their future. We can do the same for you.
Working on a guaranteed “no win, no fee” basis since 1993, we help you find answers for your pharmacy’s negligence, and you never pay us a penny unless your claim is successful.
If you are ready to start your pharmacy negligence claim and get the justice you deserve, complete our quick questionnaire or contact us directly.
All content contained within this article is meant for general information only – this should not be treated as a substitute for medical advice from your doctor or another healthcare provider. If you require legal advice specific to your situation, please contact our team directly.
Gadsby Wicks is not liable for any diagnosis made from the content of this article, nor does it endorse any service or external site linked to within the article.
Always consult your GP if you are concerned about your health and wellbeing, or speak to us if you require legal advice.
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