Last updated on March 8th, 2022
Allergic reactions to medication can be scary. The reaction may come on suddenly without any warning when you ingest or come in contact with the allergen, or you might suffer from a delayed reaction. While some allergic reactions may be mild others can be extremely severe and even fatal. If you’ve experienced an allergic reaction to medication prescribed by your doctor or dispensed by a pharmacist, you may be eligible to compensation.
Symptoms Of Medication Allergic Reactions
A medical allergic reaction occurs when the immune system reacts to an ingredient in a drug you’ve ingested.
Some of the more common symptoms might include but are not limited to:
- Dermatological reactions – skin rashes, itching, hives, redness, swelling
- Respiratory issues – difficulty breathing, wheezing,
- Digestive problems – nausea, vomiting, stomach cramps, diarrhoea
- Flu-like symptoms – fever, runny nose, headache, watery eyes, itchy eyes, fatigue
- Potentially fatal reactions – anaphylaxis, rapid weak pulse, unconsciousness
The list of symptoms is by no means complete. Allergic reactions to medicine can vary considerably in terms of symptoms, duration, and severity. Some reactions may be mild and temporary, while others may be severe and cause a variety long-term health problems.
Understanding The Premise Of Medication Allergic Reaction Compensation Claims
Not all of us are aware of medications we may be allergic too. Moreover, a person may suddenly develop an allergy to some medication that they’ve taken before without any problems. These things can happen and they are nobody’s fault. If a doctor is not aware of any existing allergies they cannot be held responsible.
However, if you know that you’re allergic to a medicine or drug, this information will usually be listed on your medical records. Before prescribing any medication, doctors are required to ask the patient about their allergies and also check the patient’s medical records. This is part of the duty of care that all medical professionals are bound by.
The duties of a doctor and other medical professionals are essentially to provide their patients with a safe, effective service that will do them no harm. Prescribing or administering any medication without first confirming about potential allergies flouts this and may constitute clinical negligence.
Duty of care applies to pharmacists too. Pharmacists are required to ask about your allergies. If, after informing them about your allergies, a pharmacist still dispensed medication that triggered off an allergic reaction, they could be held liable too.
Medication allergic reaction claims can be filed against a doctor, hospital, or pharmacist, whether they are NHS or private healthcare providers.
Making An Allergic Reaction To Medication Compensation Claim
Making a compensation claim for an allergic reaction to medication can be complicated. There are multiple legal as well as medical aspects that contribute to making it difficult to win without professional help.
In order to claim for medical negligence, you must be able to prove three things:
- That your allergic reaction was due to medical negligence – For this you must be able to show that the doctor or hospital was negligent in prescribing the medicine despite knowing that you were allergic to one or more of its ingredients.
- That you were physically or psychologically harmed by this negligence – You will be required to show proof of how you’ve suffered.
- That the symptoms you experienced were caused by the negligent act and not some other reason – The proof required for this will depend on the symptoms.
Proving these three things is not always easy and you may need to have sufficient legal and medical knowledge to challenge the doctor’s testimony. A medical negligence solicitor who has the experience and knowledge to file a successful claim on your behalf is the best approach, in our opinion of course. They can also reach out to their network of medical professionals to obtain the medical testimony required to win your compensation claim.
If you would like advice on what options are available to you if you’re considering starting a claim, please get in touch with one of our advisors either by the live chat, calling 0800 6524 881, or filling in one of the call back forms on this page, and they’ll be happy to advise.
Medication Allergic Reaction No Win No Fee Claims
In addition to the inherent challenges of winning your claim, medical negligence cases can take several months or longer to complete. This can mean additional loss of income from missing work and difficulty getting back into any kind of routine. Instead of going through this prolonged stress, you’ll be pleased to know many medical negligence solicitors provide their services on a No Win No Fee basis.
Medical negligence solicitors understand the stress, trauma, and financial losses that can ensue after an allergic reaction to medication. In order to make things easier, with our No Win No Fee agreement in place, you do not have to pay any fees at any time while the case is in progress. Instead, once the compensation settlement has been paid only then would you pay a success fee, which is usually a set percentage and deducted directly from the compensation. In the event that no compensation is awarded to you, you won’t have to pay any fees at all.
A No Win No Fee agreement allows victims of clinical/medical negligence to benefit from legal expertise and representation without any financial risk.
How Much Compensation For An Allergic Reaction To Medication?
There’s no fixed amount that’s awarded as compensation for an allergic reaction to medication. Instead, any settlement is calculated on a case by case basis.
How much compensation your solicitor would ultimately claim for is highly dependent on the type and severity of your reaction, and the impact it has had on your life both physically, psychologically, and financially. Your solicitor will take into consideration factors such as these:
- General pain and suffering
- Mental trauma
- Loss of amenity
- Permanent or long-term disabilities
- Long-term treatment
- Painful or invasive corrective treatment
- Cost of assistive devices
- Cost of home care
- Cost of day care for younger children
- Other out of pocket expenses
If you think you have a claim or are unsure whether or not you have cause for filing a claim, you should consider speaking to a medical negligence solicitor at the earliest. There is a 3 year time-limit in place for filing medical negligence related claims, starting from when you suffered the allergic reaction, or you were made aware that an illness or injury was caused due to the allergic reaction. The sooner you start the proceedings the higher your chances of getting it filed within the deadline.
For expert advice on making an allergic reaction to medication compensation claim, please contact us today by calling 0800 6524 881.