Drug manufacturing, pharmacology, and prescribing drugs are delicate processes that require people to work with great care. All medications come with certain risks, one of the biggest being allergic reactions. Allergic reactions to medications can range from mild to severe, sometimes causing life-long implications such as brain damage or even death.
Allergic reactions sometimes occur even when all the right processes have been followed. However, often when an allergic reaction happens, it is because someone has failed to test for allergies or has given a patient a drug without taking existing allergies into account.
If you or someone you love suffered a severe allergic reaction because of a drug that was prescribed to them, then you could be entitled to compensation for medical expenses, lost earnings, and emotional anguish. It is important that we are able to trust our doctors and pharmacists to take the utmost care. If someone has behaved negligently, then you deserve to seek justice.
Contact The Law Place today to arrange a free consultation. We offer free legal advice from a personal injury attorney so that you can make an informed decision about your next steps. Call us now on (941) 444-4444.
How Do Allergic Reactions to Prescription Drugs Happen?
If someone is aware of a drug allergy, then it should be recorded in their medical file so that doctors know about it and can avoid any allergens in their treatment.
Other times, medication errors happen because of the filling and binding agents or inactive ingredients. A common example is binding and fuelling agents that are made with milk-derivative products. If an individual has a severe lactose allergy, these types of medications should be avoided.
When a patient takes a prescription drug that they are allergic to, it can have serious consequences, such as fever, drops in blood pressure, trouble breather, seizures, unconsciousness, brain damage, and even death. When this happens, a medical malpractice lawsuit might be necessary in order for the patient and their loved ones to claim damages and hold the person responsible to account. By holding those responsible to account, you may also be helping to prevent similar occurrences in the future.
A reputable law firm will be able to assess where liability lies. It could sit with the doctor, the pharmaceutical company, or the pharmacist.
When the Doctor Is Negligent
If a doctor prescribes a drug and it includes a known allergy, then this is usually grounds for medical malpractice. However, it is more common for the allergy to be unknown. In this situation, the doctor could still be liable if they failed to perform allergy testing.
In order for someone to be found liable, you need to prove that they were negligent, which means that they did not have as a reasonable person would have. If the medication was needed quickly, for example, in an emergency room situation, then the doctor may not have had time to perform an allergy test. If you are unsure whether you have a valid claim, contact our law firm today and seek help from an experienced attorney.
When the Pharmaceutical Company Is Negligent
When it comes to allergic reactions to medication, the doctor is rarely at fault. Instead, it often is a result of a pharmaceutical company behaving recklessly.
Prescription drugs are usually manufactured and stored with drugs, and this can lead to cross-contamination if the correct procedures are not put in place. For example, machines should be thoroughly cleaned, and all medication should be stored with precision. If a patient has a severe allergy, then contamination alone can have serious side effects.
When this happens, it is medical malpractice, and it is essential that those responsible are held accountable so that better procedures can be put in place, and people can be protected from further errors. Cross-contamination usually occurs because pharmaceutical companies are cutting corners to save on costs. The side effects can be life-threatening. The multi-billion-dollar industry has responsibility for public health, and it should not be cost-effective for them to put people at risk.
When Pharmacists Are Negligent
Occasionally, a pharmacist is liable. Pharmacists have the power to alter the drugs that were prescribed by a doctor in order to help the patient save money. It must be the same drug but under a different brand. However, the doctor may have specified a brand name to avoid a known allergen. In this scenario substituting for a different brand could have severe side effects.
Reactions to Medication in Clearwater
If you or a loved one has suffered because a doctor, hospital, pharmacist, or pharmaceutical company behaved negligently, then you deserve compensation. Determining what went wrong can take a lot of skill and time, especially when big pharmaceutical companies are involved, who have large legal teams by their side. If your case goes to court, then you could benefit from representation, at The Law Place you will be assigned a personal injury lawyer who is dedicated to justice and will be prepared to fight with you every step of the way.
According to a 2016 John Hopkins study, medical malpractice is the third leading cause of death in the United States. It is important that the public can put their trust in the medical system and feels confident when they receive medication. Stand up against medical negligence and make medication safer with help from a dedicated legal team.
How Long Do You Have to File a Medication Lawsuit?
In Florida, Florida, Statue 95.11 lays out the statute of limitations. These laws allow you four years from the date of the incident to make a personal injury claim. In extreme circumstances such as an injury that required a long hospital stay, this can be extended.
However, the sooner, the better as the evidence will be easier to come by. Lawsuits involving prescription drugs are complex because there are usually several parties involved.
How a Tampa Law Firm Can Help
We always recommend talking to a lawyer after suffering serious side effects from medical treatment. At The Law Place, we have dealt with medical malpractice claims in Florida before and are well aware of the processes involved in successfully seeking compensation and protecting your rights.
After a free consultation, where you can gather all of the information you need, you can decide whether or not you would like to continue representation. If you do, we will take over, so that you can begin to recover physically and mentally.
Contact The Law Place Today!
When you agree to representation, you will work with a passionate and experienced attorney who is ready to fight for your rights and hold people responsible for their negligence. The American healthcare system needs people to put pressure on it to make it safer for everybody.
Here at The Law Place, we have been dealing with personal injury cases like yours in Clearwater and throughout Florida for over 75 years collectively. We are available seven days a week, 24 hours a day, so call us today for a free consultation on (941) 444-4444.