Allergic reactions can be terrifying to experience. Anaphylaxis is a severe, systemic allergic reaction; it is life-threatening, and requires immediate treatment. In anaphylaxis, blood pressure plummets, airways swell, and patients can lose consciousness, among other symptoms.
You might think that a medical setting is the safest place to be for someone experiencing a severe allergic reaction, and often that is true. But the reality is that many allergic reactions are caused by medical negligence. When that happens, the care provider or medical facility may be liable for medical malpractice.
There are many ways that an allergic reaction caused by medical negligence can occur. Some of the most frequent include:
Prescribing and administering medicine should always be done with care, but medical staff can make mistakes, especially if they are overworked or rushed. Prescribing or administering a medication a patient is known to be allergic to is a potentially fatal error—think administering penicillin to someone whose chart indicates they are allergic to it.
Medication-related allergic reactions can happen when care providers fail to screen for allergies before prescribing or dispensing medications, when they don’t ask the patient about allergies or check their chart, or when they prescribe a drug similar to one the patient is known to be allergic to, risking cross-reactivity. Your care providers should be asking for information to protect you from potential allergic reaction injuries, but you can also take measures to protect yourself. Always give your providers an up-to-date list of your current medications, so they can avoid prescribing something that may lead to a reaction. And always advise your doctors if you have a personal or family history of allergic reactions.
Latex is everywhere in medical settings: gloves, catheters, and other equipment. But in patients with a known latex allergy, it can cause rashes, respiratory problems, or anaphylaxis. Medical personnel should always ask patients about latex allergies and review their medical record for information about allergies.
Anesthesia always carries risks, but some risk is avoidable. Providers must carefully review a patient’s allergy history before administering local or general anesthesia. Failure to do so can be fatal.
Vaccines are generally safe, and can be life-saving. But when medical professionals fail to review a patient’s allergy risks before an injection, or don’t observe the patient for the recommended time after giving a vaccination. Inadequate response to early signs of an allergic reaction may also constitute medical malpractice.
Iodine-based contrast dyes or gadolinium are often used during imaging procedures like CT scans or MRIs. Some people are hypersensitive to these dyes, and premedication with corticosteroids or other medications can reduce the risk of allergic or allergic-like reactions. In some cases, an alternative contrast agent can be used to prevent reactions.
Of course, to take these protective measures, medical providers must adequately screen the patient for risk. And because premedication reduces, but does not eliminate, the risk of a severe reaction, it is necessary to monitor patients closely for signs of a reaction and to have epinephrine and resuscitation equipment readily available.
Hospitalized patients need to eat—and if they have known food allergies, their patient record should include those allergies, flagging them for nutrition services. Unfortunately, some hospitals fail to update or consult records, serving patients meals containing their allergens. Food-related reactions can also occur when hospital kitchens do not establish and follow protocols to prevent cross-contamination.
Negligence causing allergic reaction is one source of liability; failure to timely diagnose and treat is another. Time is of the essence in allergic reactions to food, medications, or latex, and seconds count in preventing a life-threatening anaphylactic reaction. If a reaction worsens enough due to a delay in detection or treatment, it may be impossible to reverse it.
Not all allergic reactions in a medical setting are medical malpractice. For example, a patient may have an allergic reaction to a medication for which there is no reason to suspect there would be an adverse reaction. But when patients are known or suspected to be at risk for an allergic reaction, a reasonable doctor, nurse, or hospital should take established precautions to prevent a reaction. If you suffered an allergic reaction in the hospital or other medical facility, you may be entitled to compensation for your injuries. The best way to determine your rights is to consult with an experienced medical malpractice attorney.
An attorney will listen to the facts surrounding your injury to determine if you may have a viable claim. If you do, they will do further investigation, gather evidence, and enlist the help of experts as needed to support your case. Medical malpractice cases are among the most complex, and working with an attorney who regularly handles these cases can significantly increase your likelihood of recovering for your allergic reaction injuries, and many more. To learn more about your rights if you have an allergic reaction caused by medical negligence, contact the Fraser Law Firm to schedule a consultation.
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