Introduction: Dispensing Error by Pharmacy
If you have been the victim of a dispensing error by pharmacy you could be entitled to make a claim for the accident. The pharmacy has a duty of care to fulfil towards their customers who should not expect to develop a further illness due to dispensing mistake by pharmacy. A claim for pharmacy dispensing error could therefore be possible against the insurance policy of the negligent party on account of your accident and illness.
However liability may not be immediately obvious for your compensation for pharmacy dispensing error. It is also possible that the procedure for a pharmacy dispensing mistake claim could be different if made on behalf of a child. This guide will provide an outline for claiming pharmacy dispensing mistake compensation – however it should not be used as a substitute for seeking professional legal advice if you believe you have a valid claim for compensation.
Liability for a Claim for Pharmacy Dispensing Error
Although a dispensing error by pharmacy may appear to be the fault of the pharmacy in question, liability for your illness may not be immediately clear. It is likely that various parties were involved with handling your prescription and although they were all likely to have taken the utmost care, a mistake would nonetheless be possible and they could be liable for a claim for pharmacy dispensing error. Compensation for pharmacy dispensing error would be claimed against the pharmacy themselves in the event that their actions – or lack thereof – resulted in you receiving the wrong medicine and falling ill as a result.
However it is also possible that pharmacy dispensing mistake compensation could be claimed against the doctor who provided you with the prescription if he prescribed to you the incorrect medicine. In turn, the administrative staff of the doctor could have made an error which resulted in your illness due to dispensing mistake by pharmacy. As various different scenarios may exist, you are advised to have your pharmacy dispensing mistake claim assessed by a solicitor at the earliest available opportunity.
Claiming Compensation for Pharmacy Dispensing Error
Following your dispensing error by pharmacy it should be remembered that – as it may constitute as a case of medical negligence* – it cannot be assessed by the Injuries Board. However compensation for pharmacy dispensing error can be sought by a personal injury* solicitor on your behalf with the assistance of a medical expert who can verify which party is liable for the accident. A Letter of Claim will be sent by your solicitor to the negligent party informing them of your intention to make claim for pharmacy dispensing error.
Upon receiving the Letter of Claim the insurance company of the negligent party could accept liability for your accident and your pharmacy dispensing mistake compensation may be negotiated. However the insurers may also reject liability for your illness due to dispensing mistake by pharmacy and court action could be required to resolve your claim. However the costs of litigation in Ireland can be significant and for this reason a pharmacy dispensing mistake claim is likely to be resolved out of court where possible.
Seeking Pharmacy Dispensing Mistake Compensation for Children
Under Irish law a child cannot initiate a claim for dispensing error by pharmacy, nor can they instruct a solicitor to do so on their behalf until they have reached the age of eighteen. For this reason a claim for pharmacy dispensing error can be made by a parent or guardian on behalf of the child at any stage between the accident itself and the child’s eighteenth birthday – acting as a “next friend”. Although this may seem like plentiful time in which to seek compensation for pharmacy dispensing error, you are advised to make a claim sooner rather than later as evidence may disappear in time or be forgotten.
A next friend must receive the approval of a court and cannot have a conflict of interest when representing a claim for pharmacy dispensing mistake compensation. A next friend must also be ready to accept any financial liability which may arise from an unsuccessful pharmacy dispensing mistake claim. If a claim for illness due to dispensing mistake by pharmacy is successful the compensation awarded must first be approved by a judge then paid into court funds where it will remain until the child reaches the age of eighteen – although compensation can be released before then for educational or medical needs before then.
Statute of Limitations for Pharmacy Dispensing Mistake Claim
It should also be noted that – with claims for dispensing error by pharmacy – a time limit of two years exists in which to make a claim, as per the Statute of Limitations. This begins upon the “date of knowledge” from which you are aware that an accident occurred and a claim for pharmacy dispensing error can be made until the second anniversary of this date. As harsh as it may seem, it will not be possible to claim compensation for pharmacy dispensing error at any stage following this date.
Certain exceptions may apply to the Statute of Limitations for pharmacy dispensing mistake compensation. For instance, if a child has become ill they may have until their twentieth birthday to seek compensation and if your accident occurred abroad the Statute of Limitations may be longer or shorter, depending on the country’s laws. A claim for illness due to dispensing mistake by pharmacy should always be made at the earliest opportunity however, as this may determine the strength of your claim.
Summary: Illness due to Dispensing Mistake by Pharmacy
A claim for pharmacy dispensing error can be made provided that the negligence of a third party who owed you a duty of care resulted in an avoidable accident. This means that compensation for pharmacy dispensing error can be sought against the victims of said negligence – although this is best pursued with the assistance of a personal injury* solicitor. A solicitor can also assist in determining the amount of compensation you should be entitled to claim for an accident.
Pharmacy dispensing mistake compensation can also be claimed on behalf of a child if a parent or guardian acts as a “next friend” on their behalf. The Statute of Limitations should also be well noted before a pharmacy dispensing mistake claim is initiated. Claiming following a dispensing error by pharmacy can be difficult, but it is possible provided that third party negligence is a factor and to maximise the likelihood that a claim will be successful, you are advised to seek the advice of a personal injury* solicitor at the earliest opportunity.