Do I Have a Claim Against a Doctor if I Am Given a Drug I Am Allergic To?

 Posted on March 29, 2024 in Medical Malpractice

When visiting your doctor’s office or a hospital, your medical staff must uphold their duty of care to ensure that errors are avoided when it comes to giving you your medication. If you have a known drug allergy but a healthcare worker gives you that drug anyway, triggering a severe allergic reaction, you may be able to pursue a claim against the hospital or medical professional that administered the drug. An Illinois medical malpractice lawyer can help you explore your legal options in this situation.

Medication Errors Can Be Medical Malpractice

In Illinois, medical malpractice happens when a doctor, hospital worker, pharmacist, or other medical professional does not uphold the duty of care to a patient causing injuries or death. This can be done by acting negligently or recklessly while administering medications or treatment, or by refusing or failing to order correct tests and emergency procedures.

A medication error such as administering a drug that a patient is allergic to can result in serious consequences such as:

• Hives, itching, or a rash

• Fever

• Wheezing or difficulty breathing

• Swollen tongue, lips, eyes, or throat

• Loss of consciousness

• Wrongful death

These reactions to a drug can be frightening and cause serious emotional distress, in addition to a loss of trust in medical professionals. In severe cases of allergic reaction, anaphylaxis may occur, which can result in a closed throat or airway, drops in blood pressure, organ failure, seizures, or even death.

Pursuing a Claim After an Allergic Reaction

When you have a known allergy that is listed in your medical chart and you still receive a drug that you are allergic to, you may be able to pursue a claim against the medical professional who administered the drug. However, this type of claim can be complex, as you will need to file your compensation claim adhering to Illinois medical malpractice laws.

You will also need to prove negligence or recklessness on behalf of the medical professional that led to your allergic reaction, something that can be very difficult as hospitals and medical facilities will not easily admit fault.

To pursue your claim, gather any evidence and medical documentation related to the incident and your allergic reaction. Contact an experienced Illinois medical malpractice attorney as soon as you can to start building a case and advocating to receive the compensation you deserve.

Contact a Winnebago County, IL Medical Malpractice Attorney

Experiencing an allergic reaction that could have been avoided can be traumatic and leave you with further medical bills. With the assistance of a skilled Rockford, IL medical malpractice lawyer, you can pursue a claim after a medication error to receive the compensation you deserve.

Our team at Mannarino & Brasfield, A Division of Schwartz Jambois, has over twenty years of experience with medical malpractice cases in addition to a lengthy success record of advocating for our clients. Call 815-215-7561 for a free consultation.