Sarah Holden, a primary school teacher from Bristol, instructed Aldwych Legal after a local pharmacy dispensed the wrong medicine. The incident gave rise to clinical negligence, civil and public law issues after the stronger drug caused an emergency hospital admission and several weeks off work.
What Happened
Ms Holden collected a prescription from a community pharmacy in Nottingham, engaging clinical negligence claims in Nottingham. The labels and packing matched the prescribed product in appearance, but the dispensed preparation was a stronger formulation than intended.
Shortly after taking the medicine she experienced marked dizziness, nausea and symptoms consistent with organ stress, requiring an emergency attendance and brief inpatient monitoring. She was unfit for work for several weeks and required follow-up care and rehabilitation.
Legal Issues
- Whether the pharmacy breached its duty of care, giving rise to a pharmacy negligence claim by failing to follow mandatory dispensing checks and GPhC standards (Professional standards and the Human Medicines Regulations 2012).
- Causation: whether the incorrect formulation directly produced the adverse effects and the consequent losses, including medical costs and lost earnings.
- Public law and regulatory elements arising from alleged failures to comply with statutory pharmacy obligations and duties of candour to the patient.
Our Approach
Aldwych Legal obtained dispensing logs and stock records, interviewed pharmacy staff and instructed an independent pharmacology expert to test the product and provide an opinion on causation.
We pursued pre-action steps under the Clinical Negligence Pre-Action Protocol and the CPR, exchanged detailed correspondence and prepared a comprehensive schedule of loss. We also notified regulators and examined the pharmacy’s regulatory obligations to promote systemic safety improvements.
Outcome
Following expert reporting that confirmed a dispensing error, the pharmacy accepted liability. The matter settled pre-litigation for an amount that covered past and future medical expenses, lost earnings, rehabilitation costs and a contribution towards ongoing monitoring.
The settlement also secured written undertakings from the pharmacy about changes to dispensing procedures and staff training to reduce recurrence risk.
Result / Why It Matters
This case demonstrates Aldwych Legal’s ability to obtain accountability and fair compensation for clients harmed by medication errors, while driving practical safety improvements in pharmacy practice.
