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 legal professional could estimate its value.
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 our panel on a No Win No Fee basis.
Our panel of solicitors offers 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 a solicitor from our panel.
To start your potential claim today:
- Call us on 0161 696 9685
- Contact us and arrange a free callback
- Speak with us now using the live chat feature on our website
Jump To A Section
- Can I Claim If I am Given A Medication I Am Allergic To?
- How Could I Have Been Given A Medication I Am Allergic To?
- What Evidence Could Be Used For A Medical Negligence Claim?
- How Much Could I Claim For An Allergic Reaction Caused By Medication?
- Could I Make A No Win No Fee Claim Using Medical Negligence Solicitors?
- Learn More About Medical Negligence Claims
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 unnecessary or avoidable harm.
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 from our panel who has experience handling claims for a medication error.
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.
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 panel of 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.
If you make a medical negligence claim that succeeds, you will be awarded a settlement. This can comprise up to two heads of claim, with the first being general damages, compensating for the physical harm and mental suffering caused by medical negligence.
Legal professionals could 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 table comprised of guidance figures from the JCG. However, it can only be used as a guide since the facts in each case differ, meaning compensation levels vary.
|Harm||Guideline Compensation Bracket||Description|
|Brain||£282,010 to £403,990||Severe - The person requires full-time nursing care.|
|£219,070 to £282,010||Moderately Severe - A very serious disability requiring constant professional care.|
|Lung||£31,310 to £54,830||Breathing difficulties which will require the frequent use of an inhaler and will pose significant effects on the person's social and working life with an uncertain prognosis.|
|£10,640 to £20,800||Slight breathlessness with no effect on working life and expected to make a substantial permanent recovery within a few years.|
|Illness/ Damage From Non-Traumatic Injury||£38,430 to £52,500||(i) Severe toxicosis, causing vomiting, a fever and requiring hospital admission. This will significantly impact the person's ability to work and enjoy life.|
Can I Receive Compensation For My Financial Losses?
You might also receive the second head of claim in your compensation if you are awarded general damages. This one is called special damages, compensating for reasonable financial costs and losses incurred due to medical negligence.
Providing relevant evidence is useful, as it helps ensure you receive your full compensation entitlement for such losses. If you can supply this evidence, among other things, you could receive compensation for:
- Loss of earnings from being incapable of working
- Home modification costs linked to making you more independent in your house
- Travel costs that arise from being unable to drive
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.
You might want to appoint a solicitor for expert advice if you have a valid medical negligence claim. If so, consider instructing one of the medical negligence solicitors from our panel on a No Win No Fee basis.
They can offer a Conditional Fee Agreement that provides claimants with several benefits. For starters, you don’t have to pay your solicitor for their services upfront or during the case. Moreover, if your case is unsuccessful, again, you won’t have to pay for their service.
You will be required to pay if your case succeeds. In this instance, your solicitor will take a percentage of your compensation, which has a legislative cap and is only small. This 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 from our panel and take advantage of these benefits.
To speak with our advisors now, you can:
- Call us on 0161 696 9685
- Contact us and arrange a free callback
- Discuss your case over live chat on our website
We hope this guide has answered your questions about making a medical negligence claim if you were given a medication you were allergic to. You can find more of our helpful guides below:
- Information about what circumstances are classed as medical negligence and when you could claim compensation.
- Guidance on claiming for GP negligence and how compensation is calculated.
- Advice on how to make a wrongful death compensation claim and the process involved in doing so.
For some external resources, please look here:
- Information 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. If you have any other questions, call an advisor on the number above.