Pharmacology, drug manufacturing, and the process of prescribing drugs require those responsible for taking great care at every step of the process. One of the risks patients can face with medication is the risk of allergic reactions, which can cause severe injuries and life-long conditions.
If you or a loved one was given a prescription drug that caused a severe allergic reaction, you could be entitled to compensation for your pain and suffering. Talk to our Sarasota personal injury lawyers today to see if you have the right to file a medical malpractice lawsuit against a negligent party.
When things go wrong in medicine, it is essential that pharmacists, doctors, or pharmaceutical companies are held responsible. Our lives are in their hands, and if someone has been careless, then it just isn’t right. Contact The Law Place today to arrange a free consultation on 941-444-4444.
How Do Allergic Reactions to Prescription Drugs Happen?
When a patient is allergic to a drug, the correct protocol would be for it to be noted in their chart so that doctors can be aware of the allergy and can avoid the drug in their treatment.
Allergic reactions can also happen because of binding and filling agents or inactive ingredients in the medication. For example, many pills use milk-derivative products as a binding agent. If you have a severe lactose allergy, your doctor should avoid these types of ingredients when prescribing medication.
When a patient is given prescription drugs that they are allergic to, it can result in severe symptoms such as seizures, drops in blood pressure, fever, trouble breathing, and unconsciousness. When this happens, liability could sit with the doctor, the pharmaceutical company, or the pharmacist.
When the Doctor Is Negligent
If the patient is given a prescription drug that they had a known allergy to, this could be medical malpractice, and the person responsible could be liable for your damages. However, it is more likely that the patient was unaware of their allergy. In this scenario, the doctor could still have been negligent if they failed to perform allergy testing.
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When the Pharmaceutical Company Is Negligent
In many cases, the doctor is not the one at fault for the allergic reaction. Some prescription drugs are manufactured or stored alongside other drugs. When this is not done correctly, then they can contaminate each other. For example, if they are improperly stored, machines are insufficiently cleaned, or they come into contact with each other through other means. If the patient has a severe allergy, this contamination alone will be enough to have serious consequences for that individual.
When this happens, the responsible party must be held accountable. Pharmaceutical companies could be trying to cut corners and save on costs. This can lead to life-altering illnesses and even death. This multi-billion-dollar industry is responsible for public health, and they must take responsibility.
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When Pharmacists Are Negligent
Pharmacists have some permissions to alter drugs from what the doctor prescribes. Pharmacists cannot prescribe a completely different drug, but Florida law does allow pharmacists to substitute in a different version of a drug to save you money. However, if the doctor prescribed a specific brand name drug to avoid a potential allergic reaction, substituting a different drug could be disastrous.
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Symptoms of an Allergic Reaction to Drugs
Signs of a serious drug allergy usually occur within an hour after taking a drug. Other reactions, particularly rashes, can occur hours, days, or weeks later. If you are concerned that you are suffering an allergic reaction, you should seek medical assistance immediately.
Symptoms may include:
- Skin rash.
- Shortness of breath.
- Itching.
- Itchy, watery eyes.
- Hives.
- Swelling.
- Fever.
- Wheezing.
- Runny nose.
Anaphylaxis
Anaphylaxis is rare, but it can be life-threatening. Symptoms include:
- Tightening of the airways and throat.
- Drop in blood pressure.
- Nausea or abdominal cramps.
- Trouble breathing.
- Vomiting or diarrhea.
- Loss of consciousness.
- Dizziness or lightheadedness.
- Weak, rapid pulse.
- Seizure.
Other Conditions Resulting From Drug Allergies
Less common reactions could occur days or weeks after. These conditions include:
- Serum sickness – Resulting in joint pain, fever, swelling, rash, and nausea
- Drug-induced anemia – A reduction in red blood cells, leading to irregular heartbeats, fatigue, and shortness of breath.
- Drug rash with eosinophilia and systemic symptoms (DRESS) – Causing high white blood cell count, rash, swollen lymph nodes, general swelling, and recurrence of dormant hepatitis infection.
- Inflammation in the kidneys (nephritis) – Resulting in blood in the urine, general swelling, fever, and confusion.
What Damages Can I Claim For?
In a lawsuit against the doctor, pharmaceutical company, pharmacy, or other responsible parties, you can claim damages for your suffering. Some of the damages you might be able to claim are:
- Medical expenses, past present, and future.
- Transport to and from the hospital.
- Lost wages if you have missed time from work.
- Lost earning potential.
- Pain and suffering.
- Emotional anguish.
- Future care needs.
Lawsuits for Allergic Reactions to Medication in Sarasota
If you or a loved one suffered a severe allergic reaction to medication due to the negligence of a doctor, hospital, pharmacy, or pharmaceutical company, then you could be entitled to compensation. Determining who is at fault and how they are responsible takes a lot of time, effort, and skill and could require a thorough investigation. Furthermore, if your case goes to court, then you may need legal counsel to ensure that you have a strong case. Sarasota personal injury lawyer at The Law Place can take over your investigation and fight to get you the financial compensation you deserve.
Medical errors are the third leading cause of death in the United States after heart disease and cancer. When people have prescribed medication, it is essential that it is safe. Stand up against medical negligence with help from a personal injury lawyer.
How The Law Place Can Help
We always recommend that following an allergic reaction to prescription drugs, you contact a personal injury attorney at your earliest convenience. Your attorney will have dealt with countless cases just like yours for their law firm and will fight to protect your rights and seek compensation for your suffering.
Once you contact us here at The Law Place, for a free case review, we can start to make your life a bit easier. We will take over the investigation, representing and liaising on your behalf, allowing you time to recover mentally and physically.
During your free consultation, you will be asked some basic questions, such as what medication you took and how it affected you. This will allow us to evaluate your case. We will then provide you with some honest, unbiased advice on how strong we think your case is.
Following your free case review, if you decide to proceed, we will ask you for a more in-depth meeting. In this meeting, we will begin to build your medical malpractice case. Your attorney will clearly lay-out the fee structure, and you can choose to sign to agree to representation. At this point, you will be able to relax while we fight on your behalf.
The Advantage of Legal Representation
Studies show that hiring an attorney increases your chances of getting compensation. In this study, 91% of people with representation received a payout. Furthermore, when you hire The Law Place if you don’t win, you don’t pay, so you have nothing to lose. Most cases end in settlement, which means they never go to court. This makes life a lot easier for you.
Furthermore, legal representation almost always results in a bigger payout. In this study, the average payout without representation was $17,600, while with representation, it was $77,600; however, this can vary from case to case. Even when you deduct legal fees, the average payout is substantially more. Furthermore, beyond getting the correct amount of compensation for your claim, having a lawyer by your side takes a lot of the pressure off you. No-one should have to face the legal system alone.
How Long Do You Have to File a Lawsuit?
In Sarasota, you are bound by the Florida Statute of Limitations as outlined in Florida Statue 95.11. These laws state that you have four years from the date of the accident to make a personal injury claim.
However, the sooner, the better as your attorney will be better able to gather evidence and speak to witnesses. Lawsuits involving prescription drugs can be complex because there are so many parties involved. It is essential to establish fault in order to have a successful medical malpractice claim.
Contact The Law Place Today!
When you call us, you will speak to a dedicated lawyer, ready to fight for your rights. We are passionate about holding people responsible for their actions and preventing more people from suffering a similar fate. When you are given a prescription drug, you need to feel confident that it is the right thing for your health. In healthcare, more awareness is needed about the suffering caused by the negligence of individuals and large pharmaceutical companies. Everyone deserves the best medical care, and it is important that we fight for the rights of every American citizen.
Here at The Law Place, we have been dealing with personal injury cases like yours in Sarasota County for over 75 years collectively. We are available 24 hours a day, seven days a week and we offer a free consultation. Just call us on 941-444-4444.
