Oftentimes, allergic reactions are relatively mild which can be managed quite comfortably without any serious repercussions. However, a significant number of allergic reactions are very severe and some fatal. This guide seeks to answer the question “can I sue for allergic reaction?” and also advise you on how to go about securing compensation for medical malpractice allergic reaction.
Allergic reaction compensation claims therefore describes a situation where you take legal action against a hospital or medical practitioners, businesses and even the NHS, for negligently providing you with a food, medication or product which contains an ingredient you are allergic to without your consent causing you to suffer an allergic reaction. In such cases, you may be able to claim allergic reaction injury compensation for your injuries especially where the other party negligently neglected their duty of care towards you.
In this guide, we will look at what is an allergic reaction, common allergies people suffer, the symptoms of allergic reaction and areas where you may be eligible to file an allergic reaction lawsuit due to the negligent actions of a party. We have also provided you with a personal injury claims calculator to give you a realistic estimate of how much compensation you could claim.
Our specialist personal injury solicitors have up to 30 years of experience undertaking different personal injury claims for different clients. We remain dedicated to support and fight for you and ensure that you get the best possible allergic claims compensation payout you deserve.
We offer our legal representation on a no win no fee basis which means that we can represent you without you having to pay for any legal fees. Our consultation sessions are also free of charge; therefore, you have no reason whatsoever not to come to us to discuss your situation and if we are convinced that you have legitimate grounds to claim, we will appoint you a personal injury solicitor who will handle your claims. With Medical Negligence Direct, you can be rest assured that your medical malpractice allergic reaction claim is in competent hands.
Allergic Reaction Statistics
According to data from the NHS, there were 22,206 admissions as a consequence of allergic reactions and anaphylactic shock in 2011/2012. As at 2015/2016, it increased to 29,544 and unfortunately many experts believe that this upward trend in the number of admissions will continue for some time to come.
Recent research have also led to the conclusion that over 20% of people in the UK have one or more allergic disorders. This more or less makes the UK one of the countries with the highest prevalence rate for allergic conditions. In fact, almost 50% of British adults have at least one allergy. Also, 44% of allergen sufferers have more than one allergy. Between a 20year period (1992-2012), hospital admissions due to anaphylaxis increased by 615%.
What Are Allergic Reactions?
Allergic reactions describe a situation where the body’s immune system reacts unusually to a typically harmless substance contained in certain foods, medication or products. Such substances known as allergen, is seen by the body’s immune system as a threat and subsequently releases enormous amounts of chemicals which can cause very uncomfortable and painful reactions.
These reactions develop suddenly and can be fatal. Severe allergies are becoming quite common in recent years. A recent report had it that the number of children admitted to hospital with severe allergic reactions increased by 72% in five years.
The NHS points out that symptoms of anaphylaxis include;
- Feeling lightheaded
- Difficulty breathing as a result of tightening and constriction of the airways
- Rapid heartbeat
- Swollen throat making it difficult to breathe
- Sudden drop in blood pressure
- Dizziness which can often lead losing consciousness
According to Allergy UK, such serious forms of allergic reaction must be treated with an allergic pen. If you or your loved one have been victims of medical malpractice, allergic reaction claims for compensation can be made.
Common Triggers For Allergic Reactions
Some of the common triggers for allergic reactions are food substances. Others include medications such as penicillin or even beauty products such as hair dye.
Some of the more common food triggers for an allergic reaction include;
- Brazil nuts;
- Sesame seeds;
- Pine nuts;
Common Symptoms Of A Food Allergy
Two people will not necessarily react in the same way to the same type of food allergy. However, when someone shows an allergic reaction to food, the following signs and symptoms are noticed;
- Food Allergy Hives and itching;
- Tingling in the mouth;
- Swelling of the lips;
- Wheezing and nasal congestion;
- Swelling of the tongue;
- Swelling of the throat;
- Abdominal pain;
- Diarrhea, nausea and vomiting;
- Dizziness which can lead to fainting.
- Rapid pulse
- Itching inside the mouth, ears or throat.
While most of these food allergy symptoms can be treated using antihistamines, the sufferers will however continue to experience the effects of the allergic reaction while the antihistamines begin to work in their body.
Allergic Reaction To Medication
Some persons are also known to exhibit adverse reactions to some medication. common drugs that can cause anaphylaxis may include penicillin, mild allergic reaction to amoxicillin, cotrimoxazole, quinine and some other drugs. Allergic reactions to medicine can be mild ranging from drug allergy rash to very serious issues which can lead to death.
Doctor Prescribed Medication I Am Allergic To – What Can I Do?
We have represented various persons who have made claims of medical malpractice allergic reaction.
In such cases, if a doctor negligently prescribes medication you are allergic to and has caused you to suffer seriously, then you may have a claim for allergic reaction compensation. Our medical negligence solicitors and personal injury advisors are on hand to help you make your claims once we have evaluated the terms of your claims and are convinced that you have indeed been negligently treated.
Allergic Reactions To Products
While people show allergic reactions to food and drugs, some people experience allergic reactions to certain beauty products such as creams, soaps, hair dye, etc. In a hair dye for instance, there are a number of ingredients which can cause allergic reactions (for instance, with one of the most common being paraphenylenediamine (PPD). A hair dye allergic reaction may not be immediate and may take place up to 48 hours after the sufferer has had the treatment. Therefore, an allergic reaction doesn’t necessarily have to be immediate before we can say it occurred or not.
Common symptoms of a hair dye allergic reaction can include:
- Burning sensation on the face, neck and scalp.
- Itching or swelling of the face and scalp.
- Welts or blisters.
- Body rashes
- Swelling of the hands, feet, lips or eyelids.
If you believe that you or someone else is suffering from anaphylaxis or an anaphylactic shock, it is very important that you dial 999, call for an ambulance and tell the operator the situation on ground. These are cases of emergency and should be treated with urgency as they are life threatening. The person may die or go into a coma from which they may never wake up.
Allergic Reaction Claims We Handle
Our team of expert specialist allergic reaction claims solicitors can represent you in various allergic reaction claims including but not limited to;
- Food And Restaurant Allergy Claims
- Hair Dye And Colouring Allergic Reaction Claims
- Nut Allergy Injury Claims
- Laser Hair Removal Allergic Reactions
- Allergic Reactions To Cosmetic And Beauty Treatments
Call us today for a free claim evaluation. We will look into your case and determine if you have valid grounds to claim compensation for medical malpractice allergic reaction.
How Long Does An Allergic Reaction Last For With Medication?
Mild to moderate allergic reactions can be managed without the need to go to the hospital. Drugs known as antihistamines can be used to treat mild food allergies. These drugs work by blocking the compound histamine which is responsible for the symptoms of a reaction. Allergic reactions could run from several hours to several days, perhaps even longer depending on the severity.
Proving Negligence For An Allergic Reaction
It is important to note that manufacturers or retailers of food, drugs or other products are in no way to be held accountable for the plaintiff’s allergies. They are however to ensure that the public is made aware of ingredients in their products. Failure to do this will make them liable if someone suffers an allergic reaction after using or consuming that product.
According to the Food Safety Act 1990, it is stipulated that all businesses, manufacturers and service providers have a legal obligation to make customers and staff aware of the ingredients in their products through in shop notices, labels and signs.
If there has been any breach by your healthcare practitioner that has led to medical malpractice allergic reaction, first, you will need to meet with your solicitor for a medical negligence expert opinion and assessment of your claim. You will also need to gather evidence to support your claim.
Therefore, to prove a claim of allergic reaction, the claimant must be able to show the following;
- That he enquired about potential allergen in a product they were about to buy, consume, or use.
- Prove that the said substance actually brought on their allergic shock. This may require various tests to prove. Also, since some allergic reactions can take a little longer to manifest, it is important to keep detailed records of what you ate, or products you used to help with your claims against any business.
- Additionally, details of the allergic reaction, severity of the condition, the particular allergen and the treatment received should be provided as these will be used to make claims for pursuing allergic reaction compensation. A measurement of the mast cell tryptase can specifically highlight anaphylactic shock.
- Other evidence such as eyewitness statements, photographs, evidence of mislabeling on the product or omission of the particular allergen, financial losses as a result of the allergic reaction. These can go a long way to strengthen your claims.
Our specialist solicitors will support, guide and assist you to ensure that all relevant information needed to prove your claims are provided.
Thereafter, a letter of claim will be submitted to the defendants while your claim and evidence will be filed before a law court. The defendant will also be notified accordingly. Where the defendant accepts liability without disputes, a compensation fee will be negotiated and there will be no need for court proceedings.
On the other hand, where negligence and liability is disputed or there are more than one party involved in your allergic reaction claim, your claims will most likely go to a trial to be presided over by a judge.
Medical Negligence Claims Time Limit
According to the Limitation Act of 1980, you have a three-year window of opportunity to make your allergic reaction compensation claims. there are also exceptions to this rule which our solicitors can explain to you during our free consultation sessions
However, it is advisable to pursue any allergic reaction claim sooner rather than later because as time goes by the details can become blurred, evidence may be tampered with and this can have a huge negative impact on your medical negligence allergic reaction case.
Compensation Payments For Allergic Reaction Claims
Generally, compensation claims for medical negligence are not fixed but vary according to the specifics of your claims. there are two types of damages you may claim for which are;
- General Damages which takes into account issues such as the type and severity of the reaction, pain and suffering because of the allergic reaction, life altering injuries, psychological trauma as well as future prognosis.
- Special Damages which takes into account factors such as; loss of present and future earnings, loss of job, costs of current medical expenses and future medical expenses, costs of hiring caregivers if needed, adaptations to the home as well as additional transport costs.
Where the allergic reaction led to the death of the individual, the spouse, civil spouse or children less than 18years if she may be able to claim a bereavement award. You may also make claims for loss of affection, loss of financial dependency where the deceased was the main provider of the family as loss of dependency on service.
Allergic Reaction Injury Claim Calculator
Using our medical negligence claim calculator, our solicitors can give you a realistic estimate of what you can get as compensation for your allergic reaction claims.
THE TABLE BELOW SHOWS THE SETTLEMENT AMOUNT FOR VARIOUS FORMS OF ALLERGY CAUSED INJURIES
Lost EarningsThis amount will be calculated based on your past, present, and future expected income.£10,000 to £400,000+
|FORM OF INJURY||NOTES||SETTLEMENT|
|Minor food poisoning and allergic reactions||Short term food poisoning or Nut allergic reaction, which then clears up after a few days||£860 to £3,710|
|Moderate food poisoning and allergic reactions||Moderate reactions to exposure to nuts. May last for up to a week or more.||£3,710 to £8,950|
|Serious food poisoning and allergic reactions||Serious cases of allergic reaction or food poisoning which could last for weeks requiring hospital treatment for the claimant. Consequences may include discomfort and impact on enjoyment of food for up to a few years.||£8,950 to £18,020|
|Severe food poisoning and allergic reactions||May require hospital admission and long-term severe impact on quality of life.||£36,060 to £49,270|
No Win No Fee Medical Negligence Claims
Our Personal Injury Solicitors will undertake your claims on a no win no fee basis. You therefore do not have to worry about making any payments for legal fees. Even if your claims were not successful, you are protected from paying us or the defendants a dime.
After a successful allergic reaction claim, we will take out 25% of your settlement payout as success fee. The rest of your compensation award will be given to you.