Pharmacy Negligence Claims

MEDICAL NEGLIGENCE*

Pharmacy Negligence Claim Solicitors – Drogheda, Ashbourne & Dublin

The law is there to support you. If you have been subject to medical negligence, you may seek compensation.

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What is it?

Medication and prescription errors can happen by receiving the wrong medication from a qualified medical professional, leading to severe consequences and side effects. It is important to ensure that the medication given to you by the pharmacy matches the prescription you were instructed to get by the doctor. If you or a family member has experienced injuries due to medication and prescription error, you may be able to pursue a pharmacy overdose claim.

Common types and causes?

Common types

1. Types of Prescription Errors
Defective drug, medication and prescription errors can generally be separated into two groups. The first case is when the prescription has been wrongly distributed by the pharmacist (prescription and dispensing errors) which has caused illness or injury to the patient. The second category is when the doctor prescribes a wrong prescription for the patient causing severe health issues. Both groups are classed as medical negligence.
2. Medication Administration Errors – Combinations
The majority of medication is harmless to your health when taken by itself, but can react viscously when taken alongside other medicines. Doctors should be knowledgeable of the combinations of medicine that are damaging when prescribed together. Failing to be aware of this can cause severe illness or injury to the patient.
3. Incorrect Dosage or Wrong Prescription
Each individual patient is given a recommended dosage from their doctor. In some circumstances, the doctor can misjudge the dosage that was necessary which may lead to a patient becoming ill due to overdosing on the prescribed medication. In cases where a doctor wrongfully prescribes medication to a person can seriously affect the person’s recovery and progression of their illness or injury.
4. Medical Allergy
The doctor may prescribe medication without checking your medical record which causes serious side effects to your health and can be life-threatening if not acted upon rapidly. This is classed as medical negligence.
5. Medication Errors in Hospitals
Medication errors in hospitals can not only cause further illness by taking the wrong medication but can also result in the original illness not being treated, meaning the condition can deteriorate.

Causes

Below are some prescription error examples which can happen in hospitals, GP surgeries and pharmacies:

1. Inadequate Labelling
A pharmacist or doctor may misread the handwriting on the prescription and dispense the wrong medication or the incorrect amount of dosage. This error may lead to the patient sustaining severe health issues.
2. Incorrect Knowledge
A doctor may decide to make an improper medical decision about what is the appropriate medication and write a prescription for the patient based on this decision. Inadequate awareness of medication names or the wrong knowledge of medical abbreviations can lead to a medication overdose injury.
3. Errors in Prescription Writing
Doctors can make mistakes when writing prescriptions but the mistake may simply be illegible handwriting. In cases where a pharmacist cannot read the doctor’s writing, they may miscalculate a dosage because they cannot make out the dosage amounts which can cause a medication overdose injury. The only way of preventing medication errors like this is for the pharmacist to either contact the doctor or wait until they have clear dosage instructions before dispensing the medicine.
Keep in mind that these types of errors can also be caused by nursing staff on duty at the time, who may be responsible for the distribution of a patient’s medication. This is why it is important to know the full extent of the situation and how the accident happened when making a claim.

We Look After Your Case

Tallans Solicitors LLP and Tallans Solicitors (Ashbourne) LLP are two of the North East’s largest law firms with offices in both Drogheda and Ashbourne while serving clients nationwide. With us, you’ll get jargon-free legal advice that you can depend on. Our solicitors are experts in their specific areas of practice, ensuring that you, our client, gets the best possible legal advice and personal attention. Established in 1899, trust Tallans to do the best for you, whatever legal issues you may face. Talk to Tallans today.

How do these claims arise?

Medical negligence claims can occur under different circumstances. Some examples of medical negligence include:

  • During surgery where there is an error.
  • A misdiagnosed patient.
  • Medical practitioner fails to act, notice an illness or medical need.
  • Medical care is below the standard expected from a medical practitioner.
  • A medical practitioner causes injury, loss of quality of life, or in some cases, leading to death.

Medical practitioners that may be attributed to the negligence of various injuries and illnesses are:

  • Doctors
  • Nurses
  • Medical Consultants
  • Surgeons
  • Plastic Surgeons
  • Opticians
  • Dentists
  • Psychologists
  • Lab Technicians

The list can also include various members of a medical facility, either in the private or public sector.

MOST VISITED

What is the process to claim?

Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist medical negligence solicitor to help you with this.

1. Speak with a solicitor
If you feel that you were not provided with appropriate medical treatment whilst under the care of a medical professional which resulted in injury due to the actions or in-actions of a medical professional, then speaking with a medical negligence solicitor following the injury is imperative. Medical negligence is a complex topic in Irish law. Speak to a medical negligence solicitor when bringing a claim forward. This ensures that no essential steps are missed throughout the legal process. Bringing a claim forward without having spoken to a solicitor can delay your claims procedure. A solicitor can help to determine your medical negligence time limit claim.
2. Obtain medical records
In order to make a claim, it must be established and proven that the injury sustained was caused by the medical negligence of the doctor or medical staff tasked with your medical care. Therefore, after having spoken with you about your case, your solicitor will then request access to your medical records. At this stage, the solicitor will have your medical records assessed by an independent medical expert. This will help determine whether a surgeon or medical staff who treated you had, in fact, administered substandard medical care and if negligence was the cause of the injury and if your injuries/outcome could have been avoided if the appropriate level of medical care had been adhered to.
3. Letter of Claim
If the independent medical expert has concluded that medical negligence has occurred, then your solicitor will draft a Letter of Claim to the medical practitioner who treated you. A Letter of Claim will outline the nature of your case and invites the medical practitioner to settle your case. The next steps involved are heavily dependent on your case. Your solicitor will be on hand every step of the way to guide you through this process.

What do you need to be able to claim?

If you believe that you have suffered because of medical negligence, either by way of an injury or the worsening or deterioration of a pre-existing condition, you may be entitled to a medical negligence claim. For your claim to be meet the legal test, generally, the injury or illness would have to have been ‘avoidable’ if the proper level of medical care had been administered. To be eligible for a medical negligence claim, the following circumstances must be proven:

  • A doctor-patient relationship existed
  • Proof the medical professional was negligent; and
  • Proof that the damage caused to you was a direct result of the doctor’s negligence

To do this, your solicitor will build your case to show that during the period in which your injury was sustained that you had a patient-physician relationship. Proving this will involve reviewing records from the doctor that you claim was negligent, as well as prescriptions and other records. Following this, to prove that your doctor was negligent, an independent medical expert review will be required by a third party. This third party will analyse your case, medical records and actions of the doctor to show that the doctor’s negligence ‘more likely than not’ caused the injury. They will determine whether you have been subject to sub-standard medical care. They will either confirm or deny that if they had carried out the same actions that, in their opinion, they could have avoided your injury or illness. Depending on the type of damage you have suffered, a further independent report may be required in order to prove that the damage suffered was caused by the negligence.

Medical Negligence Specialists

1. Team of Experts on Speed Dial

Tallans are the only solicitors in the North East who have a team of medical experts in the UK on every medical speciality – gynae, cancer, surgery and much more.

2. Expertise on Compensation

Tallans are well experienced in understanding compensation levels when it comes to medical negligence cases. Sheila, our Managing Partner, was chosen to sit on the HepatitisC Compensation Tribunal and witnessed first hand the anguish of victims.

3. Advise on the Value of a Case

The solicitors at Tallans, due to the level of expertise can advise on the value of a case. Medical negligence is hard to prove. The law in Ireland states that you need an expert report from a suitably qualified expert. In addition, Sheila’s experience in medical knowledge is itself phenomenal because of the amount of cases she has worked on.

4. Liaise with other solicitors

There are a few expert medical negligence solicitors around the country. Tallans is one of them and they all liaise with each other.

5. Confidence is guaranteed

While Orla and the team are actively pursuing cases in a variety of medical negligence cases, we are not shouting it from the roof tops. Your confidentiality is more important to us.

6. Medical Negligence is traumatic enough

Being hurt by the medical profession is traumatic enough. Now, you don’t have to travel far to speak with medical negligence expert solicitors in Drogheda and Ashbourne.

Talk To Tallans Today

We use our expert knowledge and 130 year’s experience to give you the voice you need. We use non-legal language and provide practical and impartial advice through every stage of the process!

Sheila Cooney
Managing Partner

Brenda Rushe
Partner

Olive Moore
Senior Solicitor

Why Tallans

At Tallans, our dedicated medical negligence solicitors have years of experience in helping people deal with traumatic medical injury claims. We understand the injuries, both physically and emotionally, that you have suffered and have supported and helped many people in similar situations proceed with medical negligence claims in Ireland over the past 30 years.

Our Testimonials

Want to know what it’s like to work with Tallans Solicitors LLP & Tallans Solicitors (Ashbourne) LLP? The best way to find out is to see what past clients have said.

In a recent claim, Tallans Solicitors LLP were superefficient and provided great service. I was very nervous coming in to see a solicitor but Orla Shevlin put me at ease straight-away. I found Orla very easy to talk to and knew I could trust her 100%.

I was extremely happy with the outcome of my case… Tallans were able to explain things to me in a way that I could understand. I have no hesitation in recommending Tallans to anyone.

From day one, Tallans Solicitors LLP were transparent, clear and supportive regarding my case. They had a personable yet highly professional way in which they presented themselves. From day one, they were on my side. I will now go to them for all legal advice in the future and recommend everyone to seek advice and services from Tallans in Drogheda.

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About Tallans Solicitors LLP & Tallans Solicitors (Ashbourne) LLP

We draw on more than 130 years of experience in personal injury law to provide you with expert advice and legal services.

We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

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