Can I claim against a pharmacy giving me the wrong medication?

[BonkeyMollocks]

A few weeks ago I went to the doctors to get a repeat prescription of my contraceptive pill. She said it was fine and prescribed me a pill.
I picked it up and when I got home I realised it was different from my usual one. i thought maybe she had changed it for some reason, so I took it, thought nothing of it. I trust what they had given me was what the doctor prescribed.

A few days in, I became very down, angry, short tempered, unable to sleep well compleatly not myself. I have been like this for a few weeks. I went back to a Nurse today and said I thought it was the pill making me like this and if she could explain why it was changed. There is no record of the pill being prescribed to me. Turns out the mistake was made by the pharmacy. The Doctor wrote on my records "Patient is happy with current pill, repeat prescription given"

She gave me a quick check, turns out my blood pressure is high (it runs in my family but is fine normally) she said more than likely a side effect. As were the mood swings and depression type feelings.

I have had a few pills over the years and it turns out I have tried this one before and did not get on well due to the reasons stated above.

I am very annoyed that because of one tiny mistake, I have been feeling like this for weeks. I have to go back to the Doctors in a few weeks to have my blood pressure re-taken. Its been a huge inconvenience.

The Nurse said she will be getting someone to phone the pharmacy in question and make sure they are aware of the issue. She told me to pick my new prescription up from there tomorrow and lodge a complaint.

Can I make a legal claim? It sounds so silly a friend mentioned it to me and it got me thinking. I just don't know if its worth the hassle iyswim. If so what do I do?

Apart from a horrendous few weeks, I'm not that worse off, but I am worried because it could have been alot worse!

Sorry, its longer than I thought it would be. TIA

[fuckityfuckfuckfuck]

Are you sure it isn't just a different brand name for the same pill. Taking legal action is a bit ott I think, if you noticed it was different why did you still take it?

[Tiago]

I wouldn't based on the info above. You noticed it was different but didn't question it, which would not look good. Also, to make a claim you need to be able to prove on balance that it was the new poll that caused you problems, and come up with a figure for appropriate compensation (eg lost pay due to having to take time off). If I were you I would just lodge a complaint as prescription filling errors should be recorded.

[Lougle]

No, you can't. An honest mistake was made, which you can lodge a complaint about, but you haven't suffered long lasting consequences, and you can't prove that it was the pill which was responsible. Absurd to be even thinking about it, IMO.

[BonkeyMollocks]

Its definitely a compleatly different pill. The nurse was quite shocked that it was given.

I took it because I have had the same pill under a different name before. i thought maybe this was the case again. I took it because I thought they had reason to give it to me.

I agree the legal action is a bit ott, hence why I am asking here for advice. I have no idea what to do, but think while it was fairly mild with me, what happens if they make a more serious mistake with someone else?

[realhousewifeofdevoncounty]

Really? People are left maimed or disabled by medical negligence and they should take legal action. But this? Complain of course, but seek compensation? Sorry but the Nhs have far better things to spend money on. Fwiw the pill you were given will have exactly the same hormones as you usual one, maybe slightly different levels. There is no lasting damage. Complain by all means, this shouldn't happen.

[ggirl]

Clearly you knew it was a different pill and should have cleared it with the Dr before taking it.
I don't think it warrants starting a claim.

[BonkeyMollocks]

I was not saying I would, I was asking if I should.
It didn't even cross my mind before my friend mentioned it. Hence here for advice.
I agree its minor in the scheme of things. But it still shouldn't have happened!
I have just read a story of a 6 yo girl being given ear drops to put in her eyes. Its shocking.
It worries me that it happens!

The pill I was given had compleatly different hormone levels to my usual!

[ahhhhhpushit]

Absurd? Would be thrown out? An honest mistake? (you do know what "negligence" is don't you?) Er no.

You could theoretically bring a claim yes. Although it wouldn't be without difficulties admittedly.

It would be a claim for personal injury framed in negligence.

The first difficulty would be causation - i.e. proving that the wrong pills caused your problems. You'd need a medical report to show this. Sounds likely it was the pills

Secondly would be the amount of damages you would be likely to get might make it not worth the hassle. For PI you get damages for "pain, suffering and loss of amenity" as well as actual losses (time off work, travel expenses etc). The PSLA element here would be difficult to quantify and I couldnt do so without seeing a medical report. At a guess, going by what you've said here, you'd be looking at a few hundred quid at most.

HOWEVER, you may find that a legal letter may do the trick and get them to offer a good settlement. The last thing a pharmacy would want is something like this being publicised :)

[Chubfuddler]

You could make a claim the negligence is clear as is the injury suffered as a result if it But for a claim to be really worthwhile for a solicitor to take on for you your compensation award for injury suffered would have to worth more than £1,000 and you wouldn't get as much as that for such short lived symptoms.

[Chubfuddler]

X posted with pushit.

[ahhhhhpushit]

chubfuddler

[landofsoapandglory]

You are asking if you can claim compensation for feeling ratty for a few weeks!

I had a botched operation 6 years ago on Thursday. I will never walk again. I can't claim because DH earns too much for leagl aid and we can't afford it!

Get a bloody grip!

[BonkeyMollocks]

Grip gotten, thankyou for your advice.

[Chubfuddler]

Of course you can claim. PI solicitors all do no win no fee arrangements.

[ahhhhhpushit]

landof if you had a good case you'll easily get a solicitor to do it on a no win no fee. In fact if you had a bad case you'll probably find one too going on the cases I get sent.....

[Chubfuddler]

That was to landof.

[ahhhhhpushit]

x posts again!!!

[Chubfuddler]

I thought I was the only evil ambulance chaser on this board!

[BonkeyMollocks]

You two should join forces

[ahhhhhpushit]

one of many strings to my barrister-shaped bow

[QuickLookBusy]

I'm afraid I always check any medicines given to me as I have been given the wrong ones for me or DC on too many occasions.

[Chubfuddler]

[StealthPolarBear]

Read the thread people!