Can I Claim If I Was Given Medication I Am Allergic To?

Last updated 30 July 2025. Have you suffered avoidable or unnecessary harm because you were given a medication you were allergic to? Are you unsure if you’re eligible to claim medical negligence compensation? If so, this guide outlines the eligibility criteria you must satisfy to pursue your case.

We also explore how medication errors could occur and the impact they could have. Following on, this guide discusses why you should consider gathering evidence, including what you could collect.

You will receive a settlement if you make a successful medical negligence claim. We examine what this settlement could comprise and how a solicitor might calculate compensation.

Finally, if you have an eligible case, you may want to instruct a solicitor for expert help. We look at why you should consider instructing a solicitor from Advice on a No Win No Fee basis.

Our solicitors offer a particular type of contract, so speak with our advisors today for a free case assessment. If your case is valid, they may offer you the services of one of our expert legal professionals.

To start your potential claim today:

• Call us on 0161 509 2856
• Contact us and arrange a free callback
• Speak with us now using the live chat feature on our website

Jump To A Section

1. Can I Claim If I Am Given A Medication I Am Allergic To?
2. How Could I Have Been Given A Medication I Am Allergic To?
3. What Evidence Could Be Used For A Medical Negligence Claim?
4. How Long Do I Have To Start A Medication Allergic Reaction Compensation Claim?
5. How Much Could I Claim For An Allergic Reaction Caused By Medication?
6. Could I Make A No Win No Fee Claim Using Medical Negligence Solicitors?
7. Learn More About Medical Negligence Claims

Can I Claim If I Am Given A Medication I Am Allergic To?

A duty of care is placed on medical professionals, including GPs, nurses, and pharmacists, to provide care that meets the correct standard. Should the care they provide fall below the minimum standard expected from them, and you suffer avoidable harm, you might wonder whether you’re able to proceed with a medical negligence claim.

In order to make a medical negligence claim after you were given medication you are allergic to, you must be able to show:

• A medical professional owed you a duty of care.
• The medical professional breached the duty they owed.
• Following their breach, you suffered from harm that was avoidable or unnecessary. 

If you’re asking, “Am I entitled to compensation because I was given a medication I am allergic to?” speak with our advisors today. They will discuss your case, free of charge, to discover your eligibility to claim medical negligence compensation. They may also pass you over to a solicitor here at Advice who has experience handling claims for a medication error.

How Could I Have Been Given A Medication I Am Allergic To?

Below, we provide examples of how medication errors could occur:

• Your doctor might prescribe antibiotics to treat an infection without first checking your medical history to see if you’re allergic to them. This could lead to you going into anaphylactic shock, which is potentially life-threatening.
• Your GP could prescribe you aspirin for pain relief, even though your medical records show you are allergic to non-steroidal anti-inflammatory drugs (NSAIDs). After taking the medication, you could develop hives and experience breathing difficulties.
• The pharmacist could give you a steroid cream to treat eczema without first checking if you’re allergic to it. Shortly after using the cream, you might develop a rash.

The above list isn’t exhaustive, so contact our advisors to discuss the facts of your case. They will provide a free case assessment to see if you can pursue medical negligence compensation after you were given a medication you were allergic to by a medical professional who breached their duty of care.

What Evidence Could Be Used For A Medical Negligence Claim?

Just because you received medication you’re allergic to doesn’t mean you’re automatically entitled to medical negligence compensation. As outlined previously, you must meet specific eligibility criteria, so here we show how to prove medical negligence.

Evidence can be very useful and support your case. It can help prove that a medical professional didn’t abide by the duty of care they owed you and show how this affected you. If you suffered avoidable harm because you were given a medication you were allergic to, consider supplying the following evidence to support your case:

• Copies of your medical records, such as test results, prescription notes, and doctor reports.
• Witness contact details of anyone who joined you in appointments.
• Evidence of any financial losses, such as receipts, wage slips, and invoices.

You may be unsure what evidence is relevant to your case and how you should obtain it. Our solicitors could help you collect this evidence as part of their service, provided you have a valid case. Contact our advisors now to find out if your medical drug errors claim is eligible.

How Long Do I Have To Start A Medication Allergic Reaction Compensation Claim?

You typically have 3 years to start a medication allergic reaction compensation claim. Depending on the circumstances of your case, this may begin on either:

• The date the medical negligence caused your allergic reaction, or;
• The date you received knowledge that medical negligence caused your allergic reaction

The 3-year time limit generally applies to the majority of medical negligence claims as it is a requirement of the Limitation Act 1980. However, as some people may not be able to start the claims process within this timeframe, there are some exceptions to it.

For example, the time limit will be paused in cases involving:

• Minors, as they are unable to seek compensation on their own. As such, the time limit will begin on the day they turn 18 and end on their 21st birthday.
• People who lack mental capacity and, therefore, cannot independently file a claim. Here, the time limit is indefinitely paused. However, it will commence from the date they regain cognitive ability, if such a recovery occurs.

While the time limit for an allergic reaction to medication claim is paused, a litigation friend may pursue compensation on behalf of someone from the above categories. Anyone over the age of 18 may take on this role, which involves making decisions in the claimant’s best interests. 

For more information about the time limit for starting medication allergic reaction claims or the role of a litigation friend, please contact our advisors. 

How Much Could I Claim For An Allergic Reaction Caused By Medication?

If you make a medical negligence claim that succeeds, compensation may be split into 2 types of damages:

• General damages compensate individuals for their physical pain and mental suffering
• Special damages can reflect the financial impact of that pain and suffering

Solicitors help determine the value of general damages by referring to the Judicial College Guidelines (JCG). This document supplies guideline compensation brackets for different types of harm.

Below is a list of suggestive brackets from the JCG. It should only be used as a guide and not as a guarantee of compensation. Further, the top figure was not taken from the document.

Compensation Table

• Multiple Very Severe Forms of Harm and Financial Losses – Up to £1 million plus – This may be awarded if there are multiple instances of very severe harm and out-of-pocket expenses, like therapy or loss of earnings.
• Very Severe Brain Damage – £344,150 to £493,000 – Factors considered in this award include life expectancy, physical limitations, sensory impairment, whether they require gastrostomy, and the degree of any behavioural problems. 
• Paraplegia – £267,340 to £346,890 – Factors considered in this award include the presence of pain and its degree, depression, age, life expectancy and effects on sexual function. 
• Kidney (a) – £206,730 to £256,780 – Both kidneys will be seriously, permanently damaged or lost.
• Double Incontinence – Up to £224,790 – Where there is a complete loss of bowel and bladder function. Urinary control will be totally lost. There will also be other medical complications.
• Complete Loss of Bladder Function – Up to £171,680 – Bladder control will also be lost in this bracket.
• Bowels (b) – Up to £183,190 – A total loss of the bowel’s natural function. There will be reliance on colostomy, depending on age.
• Lung Disease (d) – £38,210 to £66,920 – Breathing difficulties, which are short of breathlessness that is disabling. Claimant will need to use an inhaler fairly frequently. 
• Digestive System, Non-Traumatic (i) – £46,900 to £64,070 – Cases of severe toxicosis, resulting in serious and acute pain, diarrhoea, vomiting, and fever. These cases will feature some ongoing incontinence and haemorrhoids, amongst other issues. 
• Spleen (a) – £25,380 to £32,090 – Loss of spleen with an ongoing risk of internal infection because of a damaged immune system.

Can I Receive Compensation For My Financial Losses?

You might also receive compensation for your financial losses if they resulted from the harm you experienced. Providing relevant evidence is essential, as you cannot claim for special damages without proof. If you can supply evidence like payslips and bank statements, among other things, you could receive compensation for:

• Loss of earnings from being unable to work
• Home modifications linked to making you more independent in your house
• Any travel needed to get to and from medical appointments
• Therapy or counselling if you suffered psychological harm

If you’re thinking, “How much compensation could I get if I claim because I was given a medication I am allergic to?”, contact our advisors now. They can answer your questions about medical negligence compensation and provide an estimate of your possible award.

Could I Make A No Win No Fee Claim Using Medical Negligence Solicitors?

You might want to appoint a solicitor for expert advice if you have a valid medical negligence claim. If so, consider instructing one of our medical negligence solicitors on a No Win No Fee basis. Simply contact our advisors and state, ‘I was given medication I am allergic to, can I claim?’

If you are eligible to claim, our solicitors can offer a Conditional Fee Agreement that provides you with several benefits. For starters, you don’t have to pay them a solicitor’s fee for their services upfront or during the case. Moreover, if your case is unsuccessful, you won’t have to pay these fees at all.

You will be required to pay a success fee if your case wins. In this instance, your solicitor will take a percentage of your compensation, which has a legislative cap. This keeps the fee small and means you get to keep the majority of your compensation. 

So, if you’re thinking, “Can I claim compensation because I was given a medication I am allergic to?”, contact our advisors for a free consultation now. If they discover your case is eligible, you might be able to work with a solicitor here at Advice and take advantage of these benefits.

To speak with our advisors now, you can:

• Call us on 0161 509 2856
• Contact us and arrange a free callback
• Discuss your case over live chat on our website

Learn More About Medical Negligence Claims

We hope this guide has answered your questions about making a medical negligence claim if you were given a medication to which you were allergic.

For some external resources, please look here:

• Guidance about statutory sick pay from GOV.UK.
• A guide on how to get medical help through the NHS.
• Information about reporting your concerns to the General Pharmaceutical Council.

Thank you for reading this guide on when you could be eligible to claim if you were given medication you are allergic to.