Allergic Reactions to Medicine Attorneys in Louisiana & Mississippi
Allergic reactions to medicine can cause serious health issues. If your medical history showed that you were allergic to a medication and it was prescribed or administered to you anyway, that could be the basis for a negligence claim.
Cases involving allergic reactions to medication are complex. A doctor, physician assistant, nurse practitioner, or pharmacist might claim they did not have a way to know you would have this kind of reaction. They might argue that they did everything they reasonably could to treat you properly.
To seek justice and hold negligent health care providers accountable, talk to a New Orleans medical malpractice lawyer from The Bowling Law Firm.
Our firm and its individual medical malpractice attorneys have repeatedly been recognized for their skill and commitment by organizations in the legal profession.
If you believe a health care professional’s negligence was to blame for you or a loved one suffering a severe and damaging allergic reaction, schedule a consultation with our firm.
The initial attorney consultation is free, and there’s no obligation.
You only pay legal costs or fees if you make a recovery.
The Bowling Law Firm has been recognized by Best Lawyers in America as a Tier One Medical Malpractice Firm. Both David Bowling and Katie Sepcich Drummond have been individually recognized by Best Lawyers and Super Lawyers. Brady Williamson has been recognized as a Rising Star by Super Lawyers. David Bowling serves as an associate of the American Board of Trial Advocates and as a fellow of the American College of Trial Lawyers, which accepts no more than 1% of Louisiana attorneys. The firm itself carries Martindale-Hubbell’s highest AV-Preeminent rating for ability and ethics. Our team has extensive experience with allergic reaction to medicine cases.
When Does an Allergic Reaction to Medicine Become a Medical Malpractice Case?
Having an allergic reaction to a medication on its own may not be enough for a medical malpractice claim. There are four important parts to every malpractice case, and your claim needs to meet all of them.
The first component is showing that a medical professional responsible for your prescription error owed you a duty of care. This means establishing that a relationship existed that obligated the provider to give you the level of care a reasonable, trained medical professional would provide.
Then you need to show that there was a breach of duty. That means proving your doctor, physician assistant, nurse practitioner, pharmacist, or other health care provider did not meet the standard of care or act as a reasonable, trained professional would.
The next component is causation. You need to show that because the provider did not act according to the standards above, you were given a medication that caused damages.
Finally, you must prove that the breach of duty did, in fact, cause you damages.
Sometimes an allergic reaction means hives, itching, or development of a rash. The symptoms may soon pass. Other times, an allergic reaction to medicine is dangerous. Reactions can cause serious long-term harm.
If you suffered from health issues as a result of taking the wrong medication—or even if you had a loved one die due to a preventable allergic reaction to a drug—you could have a valid legal claim.
Our Louisiana and Mississippi medical malpractice lawyers can help you determine whether your claim involving an allergic reaction to prescribed medicine contains the components of a malpractice case.
Who Can Be Held Liable in an Allergic Reaction to Medicine Case?
When people think of who’s to blame for an allergic reaction to a medication, the obvious answers might be the doctor who prescribed the medicine or the pharmacist who filled the prescription.
These could be the negligent parties in a case, but they are not the only potentially liable health care providers.
A nurse, physician assistant, or nurse practitioner who doesn’t carefully read your chart and administers an intravenous drug that causes a reaction could be held liable.
In some cases, a hospital or health care facility could be seen as liable if its staff administering drugs did not carefully review patient histories or monitor patients for adverse reactions after they’ve been medicated.
If there was a pharmacy error, such as the wrong drug being dispensed or a pharmacist failing to check your medical history, both the pharmacist and the pharmacy itself could share responsibility.
If you have a valid claim, our knowledgeable New Orleans medical malpractice attorneys can help you hold negligent health care professionals accountable for the harm they have caused.
Cases of Allergic Reaction to Medication & Louisiana’s Medical Review Panel
Under the Louisiana Medical Malpractice Act, most malpractice cases need to go before a medical review panel. An allergic reaction to medicine case generally follows the same rules.
If the medical provider involved is considered “qualified” under the act, petitioning this review panel may be a necessary step.
Most health care providers are considered qualified. A case against a pharmacist who dispenses the wrong medication or fails to warn you about the dangers of taking a medication would likely need to be reviewed by this panel before it could proceed.
The medical review panel, consisting of three health care providers with an attorney serving as a nonvoting chairperson, may be required to examine your claim and issue an opinion on whether you experienced medical malpractice.
Its opinion is nonbinding, meaning you could continue to pursue your claim even if the panel’s opinion goes against you. But if you don’t receive a supportive opinion, defendants in your allergic reaction to medicine case can use that as evidence in their favor.
In that case, you may require an expert to testify that there was a breach in the standard of care and that the breach caused damages.
If we believe you experienced medical malpractice, our attorneys can help you build a convincing claim from the beginning and make your case to the medical review panel.
Why Work With Medical Malpractice Lawyers From The Bowling Law Firm?
Trying to pursue a medical malpractice case on your own is difficult, but allergic reaction to medication claims can be particularly tricky.
Providers often argue that a reaction couldn’t have been predicted from your records. They may say they acted reasonably.
Health care practitioners and their lawyers may also argue that, yes, you developed additional health issues after a reaction, but those were due to your existing medical conditions, not a faulty prescription.
When you work with a Louisiana medical malpractice lawyer from The Bowling Law Firm, we will help you show how your claim may meet the four core requirements for a malpractice case.
We’ve been helping people across Louisiana and Mississippi with all types of medical malpractice claims for more than 40 years.
We understand the work it takes to build a case and hold health care providers responsible if their negligence caused harm.
If you think that you have a valid allergic reaction to medicine claim, schedule your free attorney consultation.
