We acted for the estate of an elderly woman following a serious pharmacy dispensing error that resulted in her emergency hospital admission.
Diane (whose name has been changed) was an 83‑year‑old woman with a complex medical history, including diabetes and chronic kidney disease. To help manage her medication safely, her prescriptions were dispensed in a dosette box and delivered directly to her home by the pharmacy.
What went wrong
Following a routine prescription renewal, the pharmacy delivered a dosette box labelled with Diane’s name and address. Sadly, the box contained someone else’s medication, entirely different to Diane’s prescribed drug regime and definitely not safe for someone else to take.
After taking the medication for just a short period, Diane became ill. She was found unconscious at home by carers during a routine visit and required urgent medical attention.
What were the consequences of the pharmacy mistake?
Paramedics found Diane was not properly conscious and had dangerously low blood sugar levels, hypothermia and low blood pressure. She was treated at the scene and taken by ambulance to hospital, where she was admitted for further treatment and monitoring.
During her admission, medical staff queried whether she was suffering from sepsis. It later came to light that the dosette box brought into hospital did not match her GP records. The pharmacy had sent the drugs for someone being treated for diabetes, high blood pressure and prostate problems.
Once the dispensing error was identified it was reported. Fortunately, Diane’s condition stabilised and she was discharged home. However, she was left extremely shaken by the experience and became fearful of further hospital admissions.
Tragically, she was readmitted to hospital a few weeks later and sadly passed away shortly afterwards. At that time, it was not possible to establish whether her death was directly linked to the dispensing error.
What was found out about the error?
The incident was reported to the General Pharmaceutical Council. The pharmacy accepted that the error had occurred because paperwork had been attached to the wrong dosette box during the dispensing process.
What was the basis of the pharmacy error claim?
We were instructed by the executor of Diane’s estate to continue with a claim that had initially been started while Diane was still alive.
The pharmacy’s insurers admitted a breach of duty in incorrectly dispensing the medication but disputed that the error had caused any injury to Diane, or a recoverable loss for her executor. They also maintained that the value of the claim fell below the small claims threshold.
We issued court proceedings as we were confident a judge would not agree with them. Despite early attempts to resolve the matter, settlement was finally agreed by the insurers shortly before the fast‑track trial.
We won the case for Diane’s executor
The claim ultimately settled, providing a measure of accountability for the error and recognition of the distress and harm caused to Diane while she was alive.
Key Points
- Pharmacies have a duty to dispense medication accurately and safely.
- Dosette box errors can have serious and life‑threatening consequences.
- Even where injury is disputed, legal claims can be pursued successfully.
- Early legal advice is crucial following a medication error.