WK (Personal Representative to the Estate of PJ (deceased)) v McKeevers Chemists

Facts of the case

Our client was an octogenarian who had been prescribed Atenolol for atrial fibrillation.  At the time of the incident, he had been taking this drug for eight years and always attended the Chemist for it to be dispensed.

At the time of the incident, our client attended his usual chemist and collected his medication, which he took as prescribed by the GP.

Having taken the drug for some 10 days his family called upon him but were unable to gain access to the house and had to break the door down where they found our client lying on the floor, although conscious.

Our client explained he had been on the floor overnight. He had become incontinent.  When assisting him to the bathroom he collapsed again.  The GP was called who attended upon our client’s home and noted significantly low blood pressure caused by atrial fibrillation.  He was admitted to the hospital where he was diagnosed with a urinary tract infection.  He was dehydrated and suffered constipation due to his lack of mobility.

In the process of collecting our client’s personal effects for his hospital bag, including his medication, his family noted that the Defendants had dispensed Amitriptyline in error and this was the drug our client had been taking over the course of the 10 day period.

During his period of hospital stay, our client became confused and a DOLS order was issued thereby depriving him of his liberty.

He remained in hospital for two weeks and was discharged to the full time care of his family until he sadly passed away from an unrelated illness two months later.

The family sent a letter of complaint to the Pharmacist who admitted breach of duty for the dispensing error.

We obtained independent medical evidence to investigate the issue of causation, both in terms of the effects of our client not taking his prescribed medication whilst concurrently taking medication he did not require.

We sent a Letter of Claim to the Pharmacist setting out details of the case and the injuries and losses sustained and their Insurers instructed Solicitors to deal with the claim.

Thereafter an offer of settlement was put forward to the Defendant. This offer included damages for injuries suffered, including the loss of liberty by virtue of the DOLS order as well as a claim for increased care required whilst residing full time with his family.

The Defendants accepted our Client’s offer and the matter was able to be settled without the need for court proceedings.

The claim was settled within less than a year of the incident.

Gregory Abrams Davidson Solicitors specialise in obtaining compensation for clients who have sustained injuries as a result of Medical Negligence. We deal with claims for compensation against hospitals (both NHS and Private), dentists, general practitioners, pharmacists and opticians. We have offices in Liverpool City Centre, Allerton, Garston Village and Golders Green, London. We offer a free initial case assessment and No Win No  Fee Funding is available To enquire contact a member of our Medical Negligence new enquiries team on 0151 733 3353, email This email address is being protected from spambots. You need JavaScript enabled to view it. or search GAD legal.