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Claim against pharmacy for dispensing out of date medication

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When a client was given out-of-date insulin he suffered severe after effects and whilst he had previously managed his type II diabetes, in this case, he was left severely affected by the dispensing error.

Lloyds Pharmacy dispensing error

Lloyds Pharmacy admitted a breach of duty of care at its pharmacy in Oxford and a settlement of £1,850 was granted to our client.

“Any reasonable and responsible pharmacist would have checked the medication being dispensed to ensure he received the correct prescription, that it was in date and suitable to take,” said Sophia Rawlings, paralegal in the Pearson Medical Negligence department.

“The failure of the defendant to check the medication dates prior to it being dispensed represents a breach of duty of care.  As a result of the negligence his insulin levels were not correctly treated for a period of three months and he was very unwell during this period,” she added.

Dispensing Error Case

In this case, our client, a 47-year-old father of two with a full-time job suffered fainting at work and on one occasion was taken to hospital in an ambulance.  The dispensing error caused his insulin levels to be left uncontrolled and there was a subsequent deterioration in his diabetes.

He collapsed at work and was taken to hospital, our client reported that he was struggling with his blood sugar levels despite taking medication, maintaining a good diet and doing exercise.  A follow-up GP appointment noted hyperglycaemia, which is where the level of sugar in your blood is too high and can be serious if not treated.

Later he continued to feel unwell and drowsy and collapsed whist in the garden.  Only then when he called 111 and the phone operative asked him to check his insulin dates did he note that it was six months out of date when it had been dispensed to him by Lloyds Pharmacy in Oxford.

Why Pearson Medical Negligence Solicitors

At Pearson Solicitors we regularly advise clients across the UK who have been given the wrong medication by a pharmacist, or the chemist in question has mixed up the dosage.  It is easy and quick to deal with your case via email, and telephone calls with our expert medical negligence solicitors and more often than not liability is admitted, and we manage an out of court settlement for you.

If you discover you have the incorrect medication or if you have been prescribed the wrong dosage in these cases, we always advise clients to get advice from their GP and make sure they get the correct medication as soon as possible.  If a claim is being made then clients need to keep the packaging, get photographs of it if this is not possible and keep track of the relevant dates and the names of the medication given.

“Many of our cases involve the wrong medication given out by pharmacists, but the dates on tablets and medicines need to also be checked if you feel unwell after taking prescription medication. In this case once the problem was discovered our client was advised to drink water to flush the out-of-date insulin from his system and he took the correct medication.  Thankfully he made a full recovery, and his compensation covers his pain, suffering, loss of amenity and loss of earnings during this period,” added Sophia.

Contact Us

We have a wealth of experience dealing with a wide range of medical negligence cases. For further information on making a dispensing or medication error claim by a pharmacist contact our Medical Negligence Solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk.

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

Written by Sophia Rawlings

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