Negligent Causation of Anaphylaxis & Allergic Reactions

Anaphylaxis and allergic reactions can be life-threatening conditions. Medical professionals are trained to identify the risks that may be posed by allergic reactions. They also have a duty to identify where a patient has a known allergy. 

If you have suffered negligent causation of Anaphylaxis or an allergic reaction, you may be eligible to pursue a medical negligence claim. Seek expert advice from Thompson & Co today. Speak to a member of our expert team today for more information about your possible claim. 

We will usually act for you on a no-win-no-fee basis. We are happy to discuss your case in person by telephone or video conference such as Zoom, Teams or Facetime. Get in touch today.

We can represent you if you have suffered anaphylaxis or an allergic reaction due to medical negligence.

Duty of Care – Anaphylaxis & Allergic Reactions

Medical professionals have a ‘duty of care’ to avoid causing harm to others. This duty extends to whether or not a medical professional should be aware of a patient’s allergies and the dangers that can be posed by allergens. This extends to the use and application of certain medicines as well as contamination that may lead to exposure to an allergen that could cause an allergic reaction or cause anaphylactic shock.

Providing Healthcare & Medication

Healthcare providers should be aware of certain allergens that are present in medicines and prescriptions. Should it be known that a person is allergic to a certain medication and that medication is given to the patient which causes an allergic reaction, then there could be grounds for a negligence claim. It is important to note that in order to make a claim, you must prove that the medical practitioner was negligent and that the reaction would not have happened but for their negligence.

Making a Medical Negligence Claim for Anaphylaxis & Allergic Reactions

If an allergic reaction occurs that was previously unknown, it is likely to be difficult to make a claim. This is because the medical practitioner couldn’t have known about the effects of the medication until the reaction occurred. 

Time Limits

You normally only have 3 years to start Court Proceedings from the date that you knew or could reasonably have been expected to have known that you had suffered injury due to something a doctor or nurse had done or had failed to do. There may be some circumstances in which a court may allow a claim to proceed after the 3 year time limit has expired however we highly recommend that you pursue making a claim as soon as possible should you feel that negligence has occurred.

Medical Expert Evidence

During your claim, it will be necessary for us to obtain evidence from an independent medical expert to confirm that the treating medical practitioner was negligent and that the anaphylaxis or allergic reaction would not have occurred but for that negligent treatment.

Making a Compensation Claim With Thompson & Co

 We will usually deal with your claim on a No-Win-No-Fee basis unless we identify a more suitable method of funding your claim that you wish to use. You will not have to enter into any credit agreements.

If your Claim is Unsuccessful

•     you will not have to pay our costs
•     We will usually arrange an insurance policy so that you do not have to pay any disbursements (medical report fees, court fees etc) incurred on your behalf. You will not have to pay for the insurance policy if you are unsuccessful.

You will therefore not have to pay anything if you lose your claim.

If your claim is Successful you will usually be able to recover part or all of our costs and disbursements from your opponent.

You will pay out of your compensation

•     any shortfall in costs that we are unable to recover from your opponent
•     and disbursements that we are unable to recover from your opponent
•     Our success fee
•     The premium for the insurance

we will however cap the amount you have to pay out of your compensation at a maximum of 25% of the compensation recovered. You will therefore receive a minimum of 75% of any compensation recovered in your claim.

We charge a success fee to reflect the risk we take when we make our fees conditional upon the success of your claim. The success fee we charge allows us to indicate to clients that we will not charge them for our work if they are unsuccessful with their claim

Losses

Keep a record of any financial losses you have suffered as a result of medical negligence. This will include for example any wage slips or P60s. You should also keep any receipts for other losses which may include

•     The cost of medical treatment or medication
•     Damage to clothing
•     Loss of earnings
•     Travel expenses to and from your GP or Hospital for treatment
•     Care and assistance someone has had to give you because of your injuries

 We can discuss your with you in person or by phone, email or by video call online such as Zoom, Facetime or Teams. Get in touch today

One of our Senior Solicitors will be responsible for your case giving you the opportunity to ask questions and ensure you are fully at ease with the options and progress of your claim. You remain in control of your claim.

Enquire today using an online contact form on our website or by calling a member of our team now.