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Medication Allergic Reaction Compensation Claims Guide

By Olivia Lourdes. Last updated 9th March 2024. Have you had an allergic reaction to medication? Do you believe that third-party failings were responsible? If so, you could have grounds to make a medication allergic reaction compensation claim.

In this online guide, we are going to look at the process of making a medical negligence claim for a medication allergic reaction suffered by a patient. We will look at how these kinds of claims come about, the reasons for making them, and why a person could be eligible, in some circumstances, to claim for any harm that an allergic reaction has caused them.

Just as a personal injury lawyer can process a personal injury claim for an injured party, a medical negligence lawyer can pursue damages on behalf of a patient that has been harmed by the negligent actions of a medical professional. Our claims team has plenty of experience with negligence claims, and are available 24/7 on 0800 073 8804 to answer any questions you have, and help you to get your claim underway.

medication allergic reaction compensation claim

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What Are Medication Allergic Reactions?

Before we look at medication allergic reaction compensation claims, let’s look at what these incidents might look like.

An allergic reaction occurs when a substance such as medication, elicits an adverse reaction by the immune system. The immune system wrongly tags the medication as a harmful substance and starts to generate antibodies called Immunoglobulin E (IgE). These antibodies rush to cells that release certain chemicals, and this causes the victim to manifest the symptoms of an allergic reaction.

If you were to suffer an allergic reaction like this, due to being given medication by a medical professional that caused it, then in certain circumstances you could be able to make a compensation claim for the harm you have suffered. For example, you may be given the wrong medication that you are actually allergic to, causing a reaction.

Every medical professional has a duty of care towards patients, to never do them any unnecessary harm. Failure to meet this duty of care, in a way that harms a patient, and this includes prescribing them drugs that they are known to be allergic to, could be seen as clinical negligence. In order for you to be potentially eligible to make a claim, you will need to prove that negligence took place. In fact, there are three precursors to making a claim, and these are:

  1. Proving that a medical professional or healthcare establishment was responsible for harming you, due to medical negligence.
  2. Proving that you were physically (or psychologically) harmed by this act of negligence.
  3. Proving that the symptoms you suffered were caused by the negligent act, and not some other medical issue.

If you believe you can prove these three things, then you could potentially have grounds to make a valid medication allergic reaction compensation claim. Throughout this guide, we say that you could be able to make a claim, please keep in mind that this is based on these three factors being true.

If you are unsure whether your claim could be valid, please call our claims team. An advisor will evaluate your claim for you and let you know whether it could be valid. If it is, the advisors will explain how one of our panel of medical negligence lawyers could help you to make a claim, following a similar process to that which a personal injury solicitor would follow making an accident or injury claim.

What Are Allergic Reactions?

At this point in our medication allergic reaction compensation claims guide, let’s learn a bit more about allergic reactions.

In this section, we answer the question, what are the 4 types of hypersensitivity reactions? There are 4 types of hypersensitivity reactions, thus:

  1. An anaphylactic reaction (immediate hypersensitivity). These reactions can be either localised or fully systemic. They could manifest the full range of symptoms (more on this in a later section) and in extreme cases, cause unconsciousness.
  2. An antibody dependant reaction (Cytotoxic Reaction).
  3. An Immune Complex Reaction (ICR).
  4. Delayed hypersensitivity (Cell-Mediated Reaction).

What Side Effects May Be Caused By Medications?

Side effects of medication could include:

  • Some of the common symptoms could be:
    • Becoming constipated.
    • A skin rash.
    • Minor to severe diarrhoea.
    • Dizziness or loss of balance.
    • Sleepiness and drowsiness.
    • A dry mouth.
    • Minor to severe headaches.
    • Sleep impairment and insomnia.
    • Sickness and nausea.
  • Some of the more serious symptoms could be:
    • Having thoughts about suicide or self-harm.
    • Problems with the rhythm of the heart.
    • Bleeding internally.

All of these are symptoms that could be indicative of the side effects of medication. If you suffered them as a result of third-party negligence, you could have grounds to make a medication allergic reaction compensation claim.

What Precautions Should Medical Professionals Take To Prevent Allergic Reactions?

Rather than undergo medication allergic reaction treatment, it is better to avoid not having an allergic reaction at all. There are a number of things that you can do to try and stave off any problems with the medication you are prescribed.

Firstly, always tell your doctor if you have had any odd reactions to the medication you have been prescribed, even if they were only minor. It can help to keep a list of the medication you are taking, what doses and when. You can share this list with your doctor so that they are fully aware of the medication you are taking, and avoid prescribing you medication that could react badly with your current medication.

In certain cases, such as being allergic to penicillin, it might be advisable to wear a special bracelet that medical professionals will recognise, should you need emergency treatment and are not able to converse with the doctors yourself due to being incapacitated.

To learn more about making medication allergic reaction compensation claims, please read on or get in touch today.

When To Check Your Symptoms With A Doctor

In this section, we will answer the question, can you suddenly become allergic to medication? And explain when you should visit your doctor to tell them you could be suffering an allergic reaction to medication that they have prescribed. Allergies can begin at any time, although they generally start early in life. However, people regularly become allergic to things that they have not had an allergy to for their entire life up until that point. So, even if you have been taking some medication for the long term, you could still become allergic to it at some time.

If you persistently have allergies to a number of different types of medication, you may be referred to an allergist for evaluation. The allergist is an expert on drug and other allergies and collaborating with your doctor can help to find a suitable medication that will not cause you to have an allergic reaction.

Symptoms Of A Medication Allergic Reaction

In this section of our medication allergic reaction compensation claims guide, we will answer the question, what are the signs of an allergic reaction to medication? There is a wide range of symptoms that an allergic reaction to medication can manifest. However, some are more common than others, such as:

  • Skin rashes.
  • Itching skin, eyes, nose, etc.
  • Sickness and vomiting.
  • Diarrhoea and/or constipation.
  • Fatigue and lethargy,
  • Minor to severe headaches.
  • Vision problems, such as blurred vision.
  • Swollen lips, tongue, eyes or face

If you were to suffer these types of symptoms due to an allergic reaction to a medication you were prescribed, then if you can prove that medical negligence was to root cause, you could be able to make a claim. Speak to our claims team to find out how to make a medical negligence claim.

They could be the basis of a valid compensation claim if the medical professional who prescribed the medication, knew that you are allergic to the medication. Please speak to our claims team and explain your situation, they will be able to tell you whether you could have a valid medication allergic reaction compensation claim or not.

Whom Could The Medication Allergic Reaction Claim Be Made Against?

There are a number of different types of medical professionals that could be liable for medical negligence due to you suffering an allergic reaction to any medication. For example:

  • Your GP prescribing you medication you are allergic to.
  • A doctor providing treatment at a hospital administering medication you are allergic to.
  • A pharmacist providing you with medication that you are known to be allergic to.

No matter which type of medical professional provides you with the medication, if it causes an allergic reaction due to negligence, a claim might be possible. Our claims team can tell you more about starting a claim if you call them today.

Medication Allergic Reaction Compensation Calculator

In the past, you may have found and used a personal injury claims calculator to get an estimate of the level of compensation you could claim for an injury. In a similar fashion, you can use the table below to get a general indication of how much you could claim for medical negligence, such as a medication allergic reaction compensation claim.

This table was based on the published Judicial Guidelines that are followed by the legal system in England to value claims.

Updated June 2021.

Edit
Medical Condition Payment Info
Illness £860 to £3,710 A medical condition that could cause disabling pain, as well as symptoms such as diarrhoea, cramps, and others, that could last for days or weeks.
Illness £3,710 to £8,950 A medical condition that could cause symptoms such as impaired bowel function, diarrhoea, stomach cramps, fatigue, etc. The victim may need hospitalisation for some days. Symptoms could last several weeks, and full recovery could take up to two years.
Illness £8,950 to £18,020 A medical condition that is serious, but does not last long. Symptoms could include diarrhoea, fatigue, fever, cramps, diarrhoea, etc. The major symptoms should clear up within four weeks. There may be ongoing symptoms after this, such as loss of enjoyment of food, impaired bowel function, an impact on sex life, etc. These symptoms could last into the long-term, or in extreme cases, permanently.
Illness £36,060 to £49,270 A medical condition that could cause symptoms such as diarrhoea, nausea, stomach or muscle cramps, sickness, fever, etc. The symptoms would not subside for quite some time.
Asthma Up to £4,830 Mild asthma
Asthma £9,990 to £18,020 Relatively mild asthma
Asthma £18,020 to £24,680 Bronchitis with wheezing
Asthma £24,680 to £40,370 Chronic asthma
Mental Anguish £4,380 Fear of impending death

If you want to receive a more accurate estimate of the level of compensation you might receive if you make a medical negligence claim, please speak to one of our claim advisors. They can arrange for a solicitor to value your claim for you.

Special Damages Which Your Claim Could Include

If your medication allergic reaction compensation claim is a success, then the settlement you receive will be made of a number of types of damages, under the two overall headings of special damages and general damages.

General damages all relate to the physical effects of the injury. The level of compensation paid will be driven by how severe your symptoms were, the kind of treatment you received, how long the illness lasted, etc. General damages could include:

  • Loss of life quality.
  • Permanent or long-term disabilities.
  • Long-term, painful or invasive treatment.
  • Psychological damage.
  • General pain and suffering.
  • General mental trauma.

Special damages all relate to financial and ad-hoc losses caused by the injury. If you intend to claim for costs you have incurred, you will need to prove them by providing documentary proof such as invoices, bills, receipts, etc. Special damages could include:

  • Lowered future work prospects.
  • Loss of income.
  • Private medical fees.
  • The cost of care.
  • Out of pocket expenses.

If you would like to find out the types of damages that you could be able to claim as part of your medication allergic reaction compensation claim, please call our claims team to find out more.

No Win No Fee Claims For A Medication Allergic Reaction

Did you know that using the services of a solicitor under a No Win, No Fee agreement, provides you with the legal help to make a clinical negligence claim, without exposing yourself to many financial risks?

This kind of fee arrangement is also known as a Conditional Fee Agreement (CFA). Under a CFA your solicitor won’t ask you to pay any kind of fee to start working on your medication allergic reaction compensation claim or while they are processing it for you. Also, if they fail to get you any compensation, they won’t expect to collect the fees they have accrued.

If the claim is a success, the solicitor will ask you to pay a success fee. This success fee is legally capped at a small fraction of the value of the compensation you are awarded. If you would like to find out more about No Win, No Fee claims, please call our claims team for more information.

Why Choose Us To Handle Your Claim

Our panel of expert medical negligence solicitors and personal injury solicitors have a successful track record handling claims, including medication allergic reaction compensation claims. They have consistently helped claimants win the maximum compensation they are eligible for from both state-run and private healthcare services.

We will always do everything that we possibly can to ensure the success of your claim, and so that you are awarded the maximum level of compensation that is applicable. If you need an update on your claim, just give our team a call and they will explain what we have been doing for you, using simple English and no legal jargon.

Start Your Claim For A Medication Allergic Reaction

Have you suffered a reaction, allergic or otherwise, to medication that you are known to be allergic to? Did you know that similar to personal injury claims, you can make a medication allergic reaction compensation claim for the harm that it has caused you? If you need help with a claim, please contact our claims team on 0800 073 8804. One of our claim advisors will talk through your claim with you and offer you some free legal advice about what to do next.

Medication Allergic Reaction Compensation Claim FAQs

Here are some popular questions that we get about medication allergic reactions and related claims:

Can you sue for an allergic reaction?

Yes, providing that is was as a result of a third-party failing to uphold their duty of care to you and you suffered as a result.

What is the first aid for allergic reaction?

Some medical advice from the NHS includes:

  • Lay the person flat on their back
  • Use an adrenaline auto-injector
  • Call 999

What is a No Win No Fee agreement?

By having this agreement with your lawyer, you don’t have to pay them if they don’t win your claim for you, minimising any financial risk.

Essential References

These external links lead to pages with more information that could be useful:

  • NHS Information On Drug Allergies
  • A Guide To Drug Side Effects

These other guides could also be useful to read:

Thanks for reading our medication allergic reaction compensation claims guide.

Written By Wheeler

Edited By Melissa