An allergic reaction is the exaggerated response of our immune system to a stimulus and can be triggered by many things, including medication. An allergic reaction can be induced by any drug, whether it is chemical or herbal, prescribed or sold over the counter. The types of the reaction can vary from mild to severe and can even be life-threatening. Doctors should therefore be very careful when prescribing medication to their patients. They should always ask you about your medical history to comply with their duty of care. If they do not, they risk serious consequences.
Drug allergy can occur without anyone’s fault. Your body may simply react abnormally to the medication, even if it was prescribed correctly. However, if the reaction occurred as a result of your doctor’s negligence, this is considered medical malpractice. Such cases should be penalized, as the physician poses a danger to their other patients. Furthermore, the victims should be compensated for any damages incurred to them.
So, if you endured an allergic reaction due to an incorrectly prescribed drug, do not hesitate and call The Law Place as soon as possible. We are an established law firm with more than 75 years of experience. The Law Place has a team of attorneys who specialize in medical malpractice and personal injury law to ensure we provide the best services to our clients. Contact us today for a free consultation. We are available 24 hours a day, 7 days a week at (941) 444-4444.
Symptoms of a Drug Allergy
There are two types of symptoms of a drug allergy. The acute symptoms are the most common and usually occur within hours of ingesting the drug. They usually involve a skin rash, hives, or itching. However, they can quickly turn into more serious symptoms, like nasal congestion, diarrhea, increased pulse rate, decreased blood pressure, facial swelling, difficulty breathing, light-headedness, or dizziness. The most severe allergic reaction is called anaphylactic shock and can even be lethal if not treated in time.
The second type of symptom is called ‘serum sickness,’ This allergic reaction is less common and can occur even a week after you start taking the medication. It usually includes a skin rash, fever, hives, or joint pain. In rare cases, it can cause a condition called hemolytic anemia.
If you endure any type of allergic reaction caused by a medical error, you are entitled to compensation. It is important to hold the negligent party accountable and get justice. At The Law Place, we will gladly help you with this. Contact us today and schedule a free consultation with one of our medical malpractice lawyers.
Most Common Negligent Parties in Connection with Drug Allergy
There are several parties that can be held accountable for your allergic reaction. Below are the most common ones:
If a patient has any known allergy, their physician should record it and act accordingly. Afterward, if the doctor fails to take it into account or prescribes medication despite knowing about the allergy, it is considered medical malpractice, and the patient is entitled to compensation. Even if the allergy was unknown, the doctor could still be held accountable if they failed to perform appropriate allergy tests.
It is the responsibility of the drug manufacturer to make sure that the medication is safe. However, if stored or produced incorrectly, different drugs can contaminate each other. If this happens, the medication can cause unexpected allergic reactions and be very dangerous for patients.
In Florida, pharmacists may sell you a slightly different drug than the one prescribed to lower your medical expenses or substitute the prescribed drug if it is out of stock. However, if the drug was prescribed specifically to avoid an allergic reaction, this substitution can have serious consequences. The pharmacist can then be held accountable for their medical negligence.
Compensation in Case of an Allergic Reaction in North Port, FL.
It can be very difficult to prove somebody else’s fault in the event of an allergic reaction. You will need an experienced lawyer by your side to be able to get the compensation you deserve. One of the most important things you should know before you start your claim is the types of damages you are entitled to. The list below indicates the most common ones so that you get an idea of what you are entitled to claim compensation for:
- Medical expenses – The negligent party should reimburse all your medical bills associated with the allergic reaction, including projected bills and related costs.
- Lost wages – If the allergic reaction was so serious that you had to take a leave of absence from work, you should be compensated for the loss of earnings.
- Pain and suffering – The pain and suffering factor is applicable if the allergic reaction caused you emotional distress or trauma.
- Future care expenses – You have the right to compensation if the allergic reaction has left you with permanent health issues that prevent you from living your life normally.
- Wrongful death – If a loved one passed away due to a severe allergic reaction, you might be entitled to compensation.
Allergic reactions can hugely impact our lives and can be devastating for our health. At The Law Place, we understand that no compensation can fix all the injuries and damages you have experienced. However, they can at least improve your financial situation and bring you some form of justice.
Time Limit for Filing a Lawsuit for Allergic Reaction in North Port, FL.
Florida Statute 95.11 determines various deadlines for filing different kinds of lawsuits in Florida. In case of an allergic reaction, you usually have four years to file a personal injury claim. However, the statute also allows for some exceptions.
It is therefore important to initiate the process of claiming your compensation as soon as possible. The sooner you inform a lawyer about your situation, the better chance you have at winning a settlement. Your attorney will be able to gather more evidence, and any witnesses will remember more. However, we do not recommend that you take the matter into your own hands. Medical malpractice cases are very complex and require specialized personal injury attorneys to succeed.
Why Should You Choose The Law Place?
The Law Place is a professional law firm with more than 75 years of experience in Florida law. Most of the attorneys from our team are AVVO rated 10.0, which is the highest possible. Furthermore, we offer a free consultation. This means that you can call us and schedule a non-binding consultation with one of our lawyers that specialize in medical malpractice and personal injury. They will provide you with personalized information and assistance. Once you know your options, you can decide if you wish to be represented by us or not. So, there is nothing to lose. Call us today for a free consultation at (941) 444-4444. Phone lines are open 24/7.