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Drug Allergic Reaction Claims Guide – How To Claim Compensation For An Allergic Reaction To Medication?

By Cat Way. Last updated 11th November 2024. Welcome to our guide on how to make a drug allergic reaction claim.

If you suffer from a drug allergy, you’ll be very cautious about taking any type of medication. However, if a medical professional prescribes you a drug that contains the known allergen due to failure to consider your records, you could suffer an allergic reaction. If that’s the case, you could be entitled to make a drug allergic reaction compensation claim for your suffering. In this guide, we’ll look at types of allergic reactions to drugs, what can cause them and the suffering they can cause. We’ll also look at the circumstance that could entitle you to compensation.

Legal Expert offers free legal advice to those considering a medical negligence claim. We also provide a no-obligation assessment of your case. If your claim seems viable, we could introduce you to a solicitor. Should they agree to take your claim forward, it will be on a No Win, No Fee basis.

If you’d like to discuss your claim today, please call us on 0800 073 8804. Otherwise, if you’d like more information on claiming for a drug allergic reaction, please continue reading.

A doctor prescribing medication to a patient

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 How To Make A Drug Allergic Reaction Claim

Having an allergic reaction to your medication won’t always form the basis of a valid claim; allergic reactions are fairly common, and many don’t have serious consequences. However, if you can prove that medical negligence occurred, then you may be able to make a drug allergic reaction claim. But what is medical negligence?

Essentially, medical negligence occurs when:

  • You are owed a duty of care
  • This duty is breached
  • You suffer avoidable harm as a result

All medical professionals, from surgeons to pharmacists, owe their patients a duty of care. This applies as soon as they treat you, and it means they need to make sure that they provide care that meets a minimum standard.

The steps that your medical professional needs to take to fulfil this duty of care can vary. For example, the Royal Pharmaceutical Society provides standards and guidance for its members to follow.

For example, if you have a known allergy to penicillin and it says so in your chart, you should not be prescribed penicillin. However, if a doctor diagnosed your rash as a bacterial infection and prescribed penicillin anyway, this could be a breach of their duty of care. If you then had an allergic reaction that caused you to go into cardiac arrest, you could potentially make a drug allergic reaction compensation claim.

Keep reading for more information on when you could be given an incorrect medication.

Drug Allergic Reaction Compensation Claims Against A GP

When you visit your GP because you’re unwell, they have a duty of care to ensure your safety. This means that they should follow correct procedures when treating you. It also means they should use systems that are effective. For instance, they should have a system for recording any drugs that you are allergic to. If these systems are inadequate or aren’t used when prescribing medicines, you could receive medication that you’re allergic to. If that happens, you could be entitled to claim compensation for any suffering caused.

Drug Allergic Reaction Compensation Claims Against A Hospital

In the same way as a GP, a hospital doctor should check your medical records before prescribing medicines. There are many scenarios within a hospital when this might happen. For instance:

  • During or following surgery.
  • While on a ward recovering from treatment.
  • When being discharged.

If at any point you are prescribed medication that you’re known to be allergic to, you could be entitled to compensation if it caused you suffering. That could even be the case in emergency situations. For instance, if you were incapacitated and couldn’t tell the doctor but the allergen was listed in your medical records, then you could still be entitled to make a drug allergic reaction claim.

Drug Allergic Reaction Compensation Claims Against A Pharmacy

While prescriptions are written by doctors, it is a pharmacist who has the responsibility for dispensing the correct medication. While the doctor will make checks for allergens prior to prescribing, if the pharmacist makes a mistake, those checks could be in vain. In this scenario, you could sue the pharmacist for any suffering their mistake caused.

The same is true when you purchase over the counter medication. Failure to highlight an allergen could also entitle you to make a drug allergic reaction claim.

Claiming For An Allergic Reaction To Drugs – Evidence You Could Gather

If you have had an allergic reaction to drugs that a medical professional prescribed to you, you might be able to make a medical negligence claim. However, you will need to prove that you suffered unnecessary harm due to a medical professional breaching their duty of care.

An important step in the claims process is gathering evidence to help support your case. Evidence can help establish that medical negligence occurred and give details on the harm you experienced as a result, including the reactions to the drugs you experienced and the impact this has had on your life.

Some examples of evidence that you could collect include:

  • Medical records: Your medical records may show what medication you were given and might record any allergies to drugs that you had previously disclosed. This can help establish who is liable for your reaction.
  • Correspondence with your healthcare practitioner regarding the treatment you received.
  • A diary detailing the symptoms you suffered and how they have impacted your daily life.

These are just a few examples of the kinds of evidence you could use to support your claim. To find out how one of our solicitors could help you collect evidence and further strengthen your claim, you can contact our team of friendly advisors.

Drug Allergic Reaction Compensation Claims Calculator

Now that we’ve explained how and why an allergic reaction to medical treatment might happen, we’re going to look at compensation amounts. The amount of compensation that could be paid is different in each case. Therefore, instead of using a personal injury claims calculator, we’ve provided the table below.

The figures in the table are based on a document known as the Judicial College Guidelines (JCG). This document is used by courts, insurers and solicitors to determine the correct level of compensation.

InjuryCompensation
Severe Harm And Special Damages, Including The Cost Of Medical Treatments And Lost EarningsUp to £150,000+
Injuries To The Digestive System (i)£46,900 to £64,070
Injuries To The Digestive System (ii)£11,640 to £23,430
Injuries To The Digestive System (iii)£4,820 to £11,640
Injuries To The Digestive System (iv)£1,110 to £4,820
Severe Psychiatric Damage£66,920 to £141,240
Moderately Severe Psychiatric Damage£23,270 to £66,920
Severe PTSD£73,050 to £122,850
Moderately Severe PTSD£28,250 to £73,050

You’ll notice that each injury is compensated based on how severe it was. Therefore, it’s important that your solicitor can show the true extent of your suffering. Otherwise, you might not receive the correct level of compensation. To help with this, our solicitors arrange for a medical assessment by an independent doctor as part of the drug allergic reaction claim process. This will usually be arranged locally to try and reduce the amount of travelling required.

Special Damages For A Medication Allergy Claim

A personal injury solicitor or medical negligence solicitor will include general and special damages in your claim. General damages are claimed to compensate you for the pain, suffering and loss of amenity caused by your injuries. The table from the previous section included examples of general damages amounts. Therefore, in this section, we’ll explain what special damages cover. Essentially, they are paid to compensate you for any financial losses caused by your injuries. They could include:

  • Medical Expenses.
    It’s possible that you’ll have to pay for prescription medication or over the counter treatments while recovering from the allergic reaction. Therefore, you could include these expenses in your claim.
  • Travel Costs.
    If you need to travel to and from medical appointments while recovering, you might incur fuel, parking or public transport costs. These could also be claimed back.
  • Care Expenses.
    The cost of a carer is something else you could claim back if one is required to assist you while recovering. This could include professional carer’s fees or the time of a family member who supported you.
  • Lost Earnings.
    It’s possible that any time off work to recover or attend medical appointments could result in reduced pay. If that’s the case, you could ask for the lost earnings back.
  • Future Loss of Income.
    Finally, if your allergic reaction impacts on your ability to work in future, it could cause future lost income too. Factors considered in this part of your claim include your age, salary and job prospects.

 You’ll need to provide evidence to support the special damages part of your drug allergic reaction claim. This could include receipts and bank statements. It can also be useful to keep a diary of your expenses so it’s easier to explain them to your solicitor when asked.

No Win No Fee Drug Allergic Reaction Compensation Claims

We believe you should be able to claim compensation without worrying about the costs involved. That’s the reason that we work on a No Win, No Fee basis. This service gives you peace of mind and the confidence to claim because the financial risk is reduced.

The solicitor will begin by assessing your claim to see if a successful outcome is possible. If they think there is, you’ll be given a No Win, No Fee agreement to sign. This is also referred to as a Conditional Fee Agreement (CFA).

The CFA will explain that there are no upfront fees to pay and nothing to pay during the claim either. It will also explain that the solicitor will ask for a contribution towards their fees if they win the case for you. This is called a success fee and it’s deducted from your compensation at the end of the claim. Don’t worry though as success fees are legally capped.

To find out if you could make a drug allergic reaction claim on a No Win, No Fee basis, please call an advisor today.

Start Your Claim

Hopefully, you’ve now decided whether you’re going to claim for a medication allergic reaction or not. If you are, and you’d like Legal Expert to help you, here’s how you can get in touch:

  • You can call a member of our team on 0800 073 8804 to begin your claim.
  • If you’d like us to call you back, please complete our claims form.
  • You could chat with a member of our team online via our live chat feature.
  • Or, finally, you could send an email explaining what happened to info@legalexpert.co.uk.

Remember, we offer a free assessment of any claim. We’ll also provide free legal advice about your options. Also, if your claim might be successful, one of our solicitors could help you claim on a No Win, No fee basis. Please get in touch today to discuss your claim and find out whether you could be eligible to claim compensation. The advice we provide is completely free and there’ll be no pressure for you to make a claim.

Essential References

As we’ve come to the end of this guide about making a drug allergic reaction compensation claim, we’ve provided you with some more useful information. We’ve linked to some external resources as well as more of our guides.

NHS Medicine List – The complete list of drugs and medications currently available via the NHS. It also includes a list of known side effects for each drug.

The Care Quality Commission – This is where you can read inspection reports from the CQC for hospitals, GP surgeries and care homes.

Antibiotics Side Effects – Information on antibiotics including the symptoms of an allergic drug reaction.

If you require any further information on claiming for suffering caused by a medication allergic reaction, please speak with an advisor today.

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Thanks for reading our drug allergic reaction claims guide.