Drug manufacturing, pharmacology, and the process of prescribing drugs require a great duty of care from each of the responsible parties. If anyone slips up, the patient may experience a severe allergic reaction, which could even cause lifelong implications, such as brain damage or fatalities if left untreated.
Sometimes, allergic reactions can occur that are no one’s fault, even if the medication was taken correctly. However, in the event that you have experienced an allergic reaction due to being prescribed the wrong medication or medical malpractice, such as not accessing a patient’s medical file to check they’re not allergic, you may be able to sue for compensation.
If you or a loved one experienced an allergic reaction from prescription medication and it wasn’t your fault, you should contact The Law Place today. Our law firm offers free consultations where they will discuss your case with you and the possibility of filing a lawsuit against any negligent parties. To receive crucial, free legal advice, call The Law Place. Our phone lines are open 24 hours a day, 7 days a week, so phone us now at (941) 444-4444!
Common Symptoms of an Allergic Reaction
If medication is prescribed to a patient and they are allergic to something in the medication, then this can cause a severe negative reaction. Symptoms of allergic reaction differ depending on the chemical that the immune system releases as a response and how much of the chemical is released. Some common symptoms are listed below:
- Hives, rashes, and other skin irritations.
- Dizziness.
- Difficulty breathing.
- Increased heart rate.
- Swelling of the tongue, eyes, lips, or face.
- Stomach or chest pain.
- Fainting.
- Diarrhea.
- Decreased blood pressure.
- Nausea and vomiting.
However, it is also possible to experience much more severe allergic reactions, such as anaphylactic shock, which is a life-threatening condition where your airways become restricted so much that your lungs are unable to function normally and a heart attack occurs. This could lead to death.
Whether you have experienced one of the symptoms listed above or not, you may deserve compensation if you endure an allergic reaction due to medication errors that weren’t your fault. At The Law Place, we understand that every day, we put our trust in medical practitioners and expect them to keep us healthy and safe. When this trust is broken, someone is left injured and in pain due to medication errors, so it is important that they get justice.
The personal injury lawyers at The Law Place have over 75 years of combined experience in dealing with the Florida legal system and helping clients just like you. Our team will work tirelessly to ensure that you receive the compensation that you deserve, so contact us today to schedule a free case evaluation and discuss the details of your case with a professional.
Who Is the Negligent Party?
Before being able to file a claim, you must determine who the negligent party is for the pain you had to endure. An experienced Florida personal injury lawyer will be able to thoroughly investigate your case to accurately establish who the negligent party/parties are and what exactly their role in the negligence was. Below are some of the parties that are most often found liable in medical malpractice cases.
Doctor
If a patient has a known allergy, it should be on their medical records. If this is the case, and the doctor still prescribed the medication to the patient, then this could be medical malpractice, and the doctor did not take adequately fulfill their duty of care before prescribing the drug. This means that one of the parties responsible is the doctor, and they could be liable for your damages. However, it is also possible that the patient was unaware of this allergy. Even if this is the case, the doctor may still have been negligent if they failed to perform allergy testing.
If you are unsure whether the doctor was negligent in your case, you should get in touch with The Law Place to discuss your case in detail with a personal injury attorney, who can then investigate the matter further.
Pharmaceutical Company
The allergic reaction you experienced to the drugs may not have actually been the fault of your doctor, but the pharmaceutical company instead. Often, prescription drugs are mass-produced and stored alongside other types of drugs. If this is not done correctly and safely, they could contaminate each other. This can occur if the machines are inadequately cleaned or if the drugs are improperly stored. This contamination alone may be enough to have serious consequences if a patient has a severe allergy.
As this can be very dangerous, the responsible party must be held accountable when this happens. Pharmaceutical companies are part of a multi-billion-dollar industry and so may try cut corners to save on costs – this cannot be allowed to happen. They are responsible for public health, and so we must ensure they are held accountable and forced to take responsibility for their actions.
Pharmacist
Under Florida law, your pharmacist cannot prescribe completely different drugs, but they can substitute in different versions of the drug to save you money. However, this can go deadly wrong if the doctor prescribed a specific brand name on purpose to avoid a potential allergic reaction. If this happens, the pharmacist that made the substitute could be sued for medical negligence.
Proving Medical Negligence in Bradenton
In order to have any chance of successfully pursuing a case of medical malpractice, it is crucial that you and your attorney can prove there was medical negligence involved in prescribing the medication that caused the allergic reaction. This can be difficult and confusing, and so it may be vital that you enlist the help of a skilled and experienced lawyer.
There is always a chance that a medical negligence case can be pursued if you suffered an allergic reaction after being prescribed medication that you knew you were allergic to. For example, many people are allergic to penicillin, but a patient may still be accidentally administered it even if their medical records state the allergy. This is usually the easiest type of medical negligence to prove.
However, medical negligence can also be proven if a patient is prescribed drugs that belong to a group of drugs that they have a known allergy to, such as if the patient is allergic to a specific class of antibiotics. Further examples of medical negligence are when a patient was prescribed a higher than normal dose of specific medication, if a physician administers a drug to a patient who is already taking a different type of medication that is known to interact badly with the drug, or if a doctor didn’t conduct the necessary allergy tests before prescribing medication.
Regardless of whether you know if medical negligence was the reason you suffered an allergic reaction to prescribed medication, you should call The Law Place to book a free consultation. Our lawyers will be able to thoroughly discuss your case with you and explain your options.
What Damages Can I Claim For?
Once your lawyer has established the negligent parties, they will then assess the damages you have incurred and how much compensation you deserve for them. Below is a list of some of the most common damages you might be able to claim:
- Medical expenses – Including projected bills and any related costs.
- Lost wages – If your allergic reaction meant you had to miss time from work, including any projected lost wages.
- Pain and suffering – If you are suffering from emotional distress or trauma.
- Future care needs – If your reaction was so severe that it has meant you can no longer continue with life as normal.
- Wrongful death – If a loved one passed away due to an allergic reaction caused by medical malpractice.
The losses caused by medication errors can be devastating. If this is the case for you, then you need to get in touch with The Law Place to discuss your case with an experienced attorney. We know that compensation can’t fix the trauma and pain you are suffering from, but it can help you with the financial burdens you may now be facing and serve as some form of justice. So contact The Law Place today for a free case evaluation.
How Long Do You Have to File a Lawsuit in Bradenton?
The Florida Statute 95.11 states the limitations surrounding filing a lawsuit in Bradenton. This statute gives a victim four years from the date of the allergic reaction to file a personal injury claim.
However, this does not mean you should delay in contacting a law firm about your case. The sooner you get in touch with an attorney, the more time they will have to gather better evidence and speak to as many witnesses as possible. Lawsuits involving medical malpractice are often very complex as there can be so many parties involved. Therefore, it’s essential that you contact The Law Place as soon as possible to schedule a free consultation. We will get to work on your case to give you the best chance at receiving the compensation that you deserve.
Contact The Law Place Today!
If you or have been the victim of medical malpractice and have suffered an allergic reaction from prescribed medication, you need to call The Law Place today.
Our law firm has experience in dealing with claims of medical malpractice, and we strongly advise any victim to discuss their situation with us. This way, we can explain the process for obtaining compensation and what would be the best options for you going forward. We are passionate about fighting for your rights and will stop at nothing to secure the justice that you deserve.
So contact us today for a free consultation with a skilled and determined lawyer. Just call us on (941) 444-4444! Phone lines are open 24/7.
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