Given the Wrong Medicine by a Chemist

I was given the wrong medicine by a chemist, is there any way I can make a claim for compensation for the mistake? I took the pills for two weeks before I returned to the doctor who realised a mistake had been made.

Taking the wrong medication has potential to cause serious health problems, and being given the wrong medicine by a chemist certainly gives you grounds to make a claim for personal injury compensation. Provided you suffered a deterioration in your health condition for which you initially sought treatment due to the delay in receiving the correct medication, or you suffered ill health or unpleasant side effects from the pills you were provided it should be possible to make a claim for compensation.

However, many factors can affect your right to take legal action so it is not possible to confirm whether you will be entitled to make a claim for a prescription error by a chemist based on the information you have provided, or if it will be worth your while taking legal action against the pharmacist.

Because it is not possible to give you a definite answer on your eligibility to make a claim for a medication error by a chemist we advise you to speak with a personal injury solicitor as soon as possible. You will need to explain what your doctor has told you, and it would be useful if you have the names of the drugs you should have received and the name of those that the chemist provided. After describing the symptoms suffered since taking the wrong pills, a solicitor should be able to tell you if you have a valid claim that will be worth while pursuing. You will also receive important information on the procedures that must be followed in order to initiate a medical negligence claim.

Provided a claim for a prescription error by a chemist is possible, you will be entitled to recover compensation for any pain and suffering caused by the medication you took and for any subsequent financial losses that you sustained. It is probable that you will need to undergo a thorough medical examination to establish whether any long term ill health is likely to be suffered as a result of the medication you were prescribed, and a solicitor will make the necessary arrangements for a medical to be conducted.

When you case has been prepared and the appropriate documentation has been obtained to support your case, your claim can be filed. It may be necessary to pursue your case through the Irish court system, although your solicitor will attempt to negotiate a suitable settlement directly with the chemist’s insurance company. Since being given the wrong medicine by a chemist is a clear case of medical negligence, the insurance company may be willing to settle the case which should result in you receiving compensation relatively quickly.