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When a doctor prescribes a drug, they should take the time to check whether the patient has any known allergies to medication that might interfere with the way the drug works or cause them serious injuries and complications. In some situations, such as in the emergency department, the doctor may not have access to records – but in most situations, a doctor should never prescribe or use a drug they know will cause trouble for the patient.
If you were given drugs you are allergic to or suffered a serious health complication from an allergic reaction to medication, call The Queenan Law Firm today. Our Houston allergic reaction to medication attorneys may be able to take your case and fight to get you compensation for the negative health effects and injuries you suffered. For a free legal consultation, call our lawyers today at (817) 476-1797.
Suing a Doctor for Allergic Reactions to Drugs
Many people have drug allergies. For these patients, the body might not recognize certain substances as helpful for your health, instead reacting as though you are being attacked by the substance. In these situations, you could suffer serious reactions, potentially including difficulty breathing, shock, unconsciousness, cardiac arrest, seizures, and other problems from anaphylaxis. Unfortunately for many people with drug allergies, the way they learn of their drug allergy may be by taking the drug. How does this affect your ability to sue to hold a doctor accountable for giving you a drug you are allergic to?
In most cases, doctors can discuss drug allergies with their patients before prescribing them anything. A doctor should have a patient’s allergies listed in their file, and the doctor should double-check by asking the patient about drug allergies before prescribing a drug that they know has common allergic reactions. If a doctor fails to ask, they can likely be held liable. In some cases, a drug may have a chance of severe enough allergic reactions that the doctor should test for allergies first.
In emergency situations, the doctor might not have a chart or medical records available to check for allergies. If the patient is unconscious or unable to respond to questions about allergies, the doctor may have to use certain drugs and risk an allergic reaction to save the patient’s life. In some situations, this is appropriate – but sometimes there are alternative drugs that may be standard procedure to avoid the chance of allergic reactions.
In either situation, part of your case will be proving the doctor was, in fact, negligent. This means using a medical expert to show that the steps the doctor took were unreasonable by the standards used in the medical community and that the doctor was responsible for your allergic reaction. Your attorney can help build your case, investigate the facts of what happened leading up to the reaction, and present your case to the jury in the best light.
In rare cases, the allergic reaction is caused by contamination or prescription errors. In these cases, the drug may have been tainted in production or the pharmacy may have filled the wrong drug. This could lead to a reaction if you are allergic to what you were given. These cases may be filed against the pharmacy or the pharmaceutical company instead of the doctor.
Damages for Allergic Reactions from Medication
If your allergic reaction required additional medical care or emergency intervention, your injuries may qualify as severe or life-threatening. Sometimes shock, seizures, and cardiac arrest can occur, potentially causing death or extreme distress in the patient. In some cases, this could result in ongoing or permanent weakness or injury to the heart, nervous system, or other body systems. You can claim any damages stemming from the allergic reaction, including the necessary medical care costs, lost wages, and pain and suffering.
The cost of additional medical care could be expensive. An allergic reaction could mean needing to stay overnight for observation or, if you were already in the hospital for other medical problems, the allergic reaction could require additional drugs or medical procedures that increase the cost of treatment. Any medical care stemming from the reaction, including procedures, hospital stays, and rehabilitation, could be claimed as damages.
If you have an allergic reaction that causes you to miss work or develop a condition that reduces your ability to work, you can claim damages for lost wages. Your lawyer can help you project these damages into the future and calculate the value you can claim.
Damages for pain and suffering are common in many cases. The fear and stress of severe anaphylactic shock, seizures, and cardiac episodes from a bad drug reaction can be incredibly scary. You can claim damages for the emotional distress and mental anguish of the episode as well as the damages for the physical pain and discomfort the reaction caused you. Talk to a lawyer about how to prove these values and claim pain and suffering damages in your case.
Always talk to a lawyer before accepting a settlement for a medical malpractice claim. Many settlement offers are too low to cover your case, so it is vital to speak with a lawyer to calculate estimated damages and get advice on whether to accept a settlement or press the case in court.
Call Our Houston Attorneys for Allergic Reactions to Pharmaceuticals and Medication
If you or a loved one was given drugs when a doctor should have known you were allergic, contact The Queenan Law Firm today. Our Houston attorneys for allergic reactions to medication may be able to take your case and fight to get you compensation for the pain and suffering, lost wages, and additional medical care you faced from the drug reaction. For a free legal consultation and help calculating damages in your case, contact our lawyers today at (817) 476-1797.