Pharmacy negligence

Two legal aspects must be proved to successfully establish a case:

• That the standard of treatment and care has fallen below the standards of reasonable competence in a particular field of medicine. In a clinical negligence case, that standard is considered independently by a medical expert practising in the same area of medicine who provides an opinion independently on the basis that the case may one day go to court.
• That but for the negligence, the injury would not have arisen or that the negligence caused worse pain and suffering and loss than may have been the case absent the negligence.

It is important to know and understand that both legal aspects have to be proved to pursue a case.

If you have been injured as a result of negligent medical treatment, you may be able to pursue a claim for compensation. You may also pursue a claim on behalf of someone else who cannot take legal action themselves because they are vulnerable or lack mental capacity or if they are below aged 18. You may also act on behalf of family member who has died as a result of negligent medical treatment.

You must begin your claim within 3 years of the date that the negligence arose (date of injury) or 3 years from the date that you knew or could have reasonably known that you have suffered injury as a result of negligence.

In a case involving a child (a minor), the 3 year limitation period begins on their 18th birthday.

In a case involving a deceased patient, more often than not, the 3 year limitation period begins on the date of death.

Where a case relates to a patient who lacks mental capacity and cannot manage their own affairs, the 3 year period does not apply until and unless they recover from their disability. In such circumstances, they would need a trusted person to pursue a claim on their behalf.

It can take courage and can initially feel daunting approaching a medical negligence solicitor. This is particularly so when wishing to challenge the treatment and care provided by healthcare professionals who we often hold in high regard and who we place our health and trust in. The medical profession is not selective in who they cause harm to.

It is important to appreciate that mistakes happen in any situation involving human beings, regardless of how well trained, skilled, experienced and caring they are. Where mistakes are made and harm is caused with regard to patient care there are consequences that may lead a patient wishing to consider instructing a solicitor to act on their behalf to bring legal action.

More often than not, a patient will not be considering financial compensation once medical negligence has arisen. They do not see it being about money rather that they don’t want it to happen to anybody else. This is entirely understandable. As humans, we trust in the training and expertise of our healthcare professionals and don’t expect harm to be caused. Many patients want lessons to be learned to prevent further harm for others.

Pursuing a claim against a healthcare professional (public and private) does raise awareness. Pursuing a claim leads to investigation and scrutiny and consideration of existing policies and procedures and to further training. It also allows for a financial settlement to be awarded which places a patient in a better position than they may have otherwise been. Financial compensation enhances quality of life and where it is not about money, it allows a patient to do good with any settlement they may be awarded.