It is possible to claim for an allergic reaction to prescribed medicine given to you by a doctor, although there are a number of criteria which must be satisfied before eligibility to take legal action can be confirmed.
If you had a known allergy to a specific medicine or compound, and your doctor failed to check your medical records before prescribing a treatment for your condition, it should be possible to claim compensation. Your doctor should also have asked you if you had any known allergies before choosing a treatment regimen, and a failure to ask the question or to check your medical records would be classed as negligence.
You would also be entitled to claim compensation for an allergy from prescription medicine if you had a known allergy and the doctor prescribed you medication from the same drug family or if the contraindications of a particular medicine were not known to the doctor. However, if you had no previous history of allergies, your doctor could not be held responsible for your reaction to a particular medicine.
You must also have suffered an injury as a result of taking the medication in order to qualify to make claims for allergic reactions to medication. An allergic reaction is considered to be an injury, but whether it will be worthwhile claiming compensation will depend on the severity of your allergic reaction. If you suffered a severe reaction that required hospital treatment, a claim for medicine allergy compensation would certainly be justified. A mild skin reaction with no lasting effect on your health would entitle you to make a claim for medicine allergy compensation, but it would be unlikely that it would be worth your while taking legal action.
Before making the decision to claim for an allergic reaction to prescribed medicine it is important that you find out how much compensation you will be entitled to recover. The amount of compensation for an allergy from prescription medicine will depend on the degree of pain and suffering caused, and if you are likely to suffer any long term ill health as a result of your allergic response to the medication.
It is also likely that compensation amounts will be reduced if you continued to take medication after the first side effects were experienced, or if you did not seek immediate medical treatment. If the severity of your allergic reaction could have been controlled by you seeking prompt medical intervention, it is probable that your doctor’s insurance company — or the HSE — will attempt to reduce their liability to pay compensation due to contributory negligence on your part.
To have your eligibility to make claims for allergic reactions to medication confirmed you should speak with a personal injury solicitor. You should explain about any known allergies you have, the medicine you were given, the symptoms you experienced, their severity and duration, and how long you took the medication for. It should then be possible for your solicitor to calculate an approximate level of compensation that can be claimed - if a claim is justifiable under the circumstances.