Can Injuries From an Allergic Reaction to a Drug be Caused by Negligence?

Posted on August 16, 2024 in Medical Malpractice

Allergic reactions can be a terrifying and life-threatening experience that can leave you frustrated. Sometimes, you may suddenly react to something that did not bother you before. In others, you may have encountered an allergen you knew about but try to avoid. The latter situation can be particularly frustrating if you have a reaction to a known allergen in a prescription written by your doctor. If a situation like this has injured you, you may be eligible for compensation. You can increase your chances of recovering the maximum compensation available to you by speaking with a Portland medical malpractice lawyer from Paulson Coletti, Trial Attorney PC.

Negligence in Allergic Reactions to Drugs

To understand the role of negligence, or lack thereof, in an allergic reaction to a drug, we must first understand how an allergic reaction works. This understanding is crucial as it can help you determine if you should contact an attorney for more information. The Mayo Clinic explains that not all allergens are known ahead of time. Some people will not react until they have had multiple exposures. This means you may take a drug, like penicillin, once without issue, but the second time, you may react. This is an unfortunate and sometimes terrifying occurrence, but it may not be due to negligence.

Your doctor, pharmacy, or manufacturer may be held accountable if you have a documented allergy and your physician prescribes a medication that contains that allergen. While the physician should know what you cannot take due to allergies, the pharmacist is your next line of defense. The pharmacist’s job is to confirm that drugs are safe to be prescribed together based on your file and the information you provided. If both providers have all your relevant information, including drug allergies and a complete list of your medications, one or both parties may be considered negligent for the pharmaceutical error that caused your allergic reaction and subsequent injury.

Manufacturer Negligence

In rare cases, a manufacturer may mislabel or incorrectly compose a medication. If the medication you are given has somehow been negligently created or labeled, the manufacturer or other related third party may be considered liable for your injury based on negligence. In some cases, the pharmacist may also be considered responsible if the medication provided does not match the medication description on the label.

Avoiding Allergic Reactions

While there is no way to see the future and anticipate a new allergic reaction to something, you can take steps to reduce the chances of someone else’s negligence causing you injury, and these include:

prescription-pills

  • Make sure your medication list is up to date with your doctor and pharmacy
  • Get all of your prescriptions filled at the same pharmacy
  • Make sure any allergies are reported to your physician and pharmacy
  • Share any family history of allergies with your physician
  • Always make sure the medication matches the description provided on the medication bottle

If you suspect your reaction was due to negligence, you may benefit from a free case consultation. Being informed about the factors that contribute to your allergic reactions can prepare you for legal consultation. It may also help you work with your attorney to increase your chances of recovering the maximum compensation available.