Claiming compensation for an allergic reaction to medicine given in hospital is not a straightforward procedure. In order for a claim to be successful, the medicine must have been prescribed, dispensed or administered in a non-emergency situation, in which there was a known risk “at the time and in the circumstances” that the medicine would cause an allergic reaction or that it would react with other medicines you were taking.
That is a lot of “ifs, buts and maybes” that have to be overcome before you can claim compensation for an allergic reaction to medicine given in hospital, and why it is recommended that you discuss your particular situation – and the consequences of the allergic reaction – with a medical negligence solicitor at the first possible opportunity.
Claiming Compensation for an Allergic Reaction to Medicine Given in Hospital
When you speak with your medical negligence solicitor, he or she would like to know which medicine you were prescribed, dispensed or administered, how the allergic reaction occurred, and what the consequences were to you in terms of your physical state of health. You should also tell your solicitor about any psychological trauma you have been diagnosed with, any deterioration in your quality of life and any costs you have incurred or loss of income you have experienced.
If you do not have all the information in front of you, it is not a problem. As part of the process for establishing negligence, your solicitor will request your authorisation to access your medical records. The medical records will be reviewed by an independent medical expert to establish what dosage of medicine you were given and whether or not there was a known risk that the medicine would cause an allergic reaction.
Once it has been established that you were negligently given a medicine that should have been known would cause an allergic reaction, your solicitor will send a “Letter of Claim” to the NHS Trust responsible for your care. Provided that your solicitor has compiled a sufficiently strong claim for being given an inappropriate medicine, there is no viable defence against your claim, and it should be settled in a relatively short period of time.
Settling Your Claim – What is Included?
The settlement of a claim for compensation for an allergic reaction to medicine given in hospital is usually broken down into four elements. The first of these elements – compensation for the physical pain and suffering you experienced – is settled according to financial values published in the Judicial Studies Board Guidelines for General Damages in Personal Injury Cases. These values are then adjusted to account for your age and general level of health.
The second element is for any psychological injury you have suffered. Psychological injury has to be diagnosed before you can claim compensation for it; and, as physical trauma is often accompanied by some level of psychological trauma, your solicitor may suggest that you undergo a psychiatric evaluation. The evaluation may help support the third element of your compensation settlement – the deterioration in your quality of live due to being given a medicine in hospital which resulted in an allergic reaction.
The fourth element could actually be the largest depending on your personal circumstances. The recovery of costs and lost income can be a significant proportion of a settlement of compensation for an allergic reaction to medicine given in hospital – particularly if the reaction has affected your long term employment prospects and you may be out of work for a considerable period of time.
Independent Legal Advice about Compensation for Allergic Reactions to Medication
Because allergic reactions affect different people in different ways, no two claims for compensation for an allergic reaction to medicine given in hospital are the same. For this reason it is essential that you receive independent legal advice about compensation for allergic reactions to medication, and why we invite you to call our Medical Negligence Advice Bureau and discuss your own specific situation with an experienced medical negligence solicitor.
Our solicitor will be able to answer any legal questions you may have about claiming compensation for an allergic reaction to medicine given in hospital, without any commitment from you to proceed with legal action. All calls to our Medical Negligence Advice Bureau are completely confidential, and our aim is to provide you with the information you need to decide whether you have a claim for compensation that may be worth your while to pursue.
There is a time limit for making a claim for compensation for an allergic reaction to medicine given in hospital, and although it seems plenty long enough to make a compensation claim, it is in your best interests to seek legal advice as soon as possible – particularly if your claim has a lot of “ifs, buts and maybes” that have to be overcome. Make sure you do not lose your right to claim compensation for an allergic reaction to medicine given in hospital by calling our Medical Negligence Advice Bureau today.