Is there any recourse for pain and suffering due to allergic reactions from mediation?

Question

My wife is in the hospital with severe burns from a potential allergic reaction from medication. They took her to emergency about 2 months ago when she was itching like crazy and said she did not need to be in emergency. A week or so later, she started to turn purple. They took her in and admitted her to a burn center. So far they cannot determine what she is allergic to, but think it is one of her medications. We have Medicare and tri-care bills that are paid for as far as I know. I want to know if there is any recourse for the pain and suffering she is going through. I don't want to start anything now, just want to know what my options may be later, when we find out exactly what is going on.

Thomas Bulman · Answer

No.

Charles E. Cartwright · Answer

This may be a products liability case or a medical malpractice case.  In order to advise you, an attorney would have to review the medical records.  The Florida Statute of Limitations for a medical malpractice case is two years.  For product liability it is four years.  You should consult an attorney regarding this matter.

Michael Yurasov-Lichtenberg · Answer

You should consult an attorney without any delay: while it is not clear whether your wife might have any claims arising out of the allergic reaction itself, it is likely that she has a claim against the hospital that did not treat her 2 months ago. All the details about that emergency room *non*-admission have to be considered, but, if your attorney comes to the conclusion that there is an actionable claim, and if the hospital is a municipal one, you will lose the claim if you do not file a required notice within 90 days from the date when your wife was at the emergency room.

Robert Lucky · Answer

There may be some recourse for your wife; however, at this time, without more information no one will be able to tell you for sure if you have a potential medical malpractice claim.

Ronald A. Steinberg · Answer

It sounds like there is an allergic reaction going on.  However, since I am not a doctor, I suggest that you compel the attending doctor to call in for consultation an allergist, or a rheumatologist to determine what is causing the problem.  In the interim, there is medication such as benedryl which may be used to reduce the symptoms, but until the cause is found, it will continue. I had a case, years ago, where a child died due to complications from an allergic reaction almost exactly as your wife is experiencing.

Dennis P. Mikko · Answer

This is a question that would have to be answered by an attorney specializing in medical malpractice after reviewing her records and determining if there is a breach of the applicable standard of care.

David Stoddard · Answer

First, they will need to determine what caused the reaction.  Second, if it is from medication, you will need to show that the medication is unreasonably dangerous ( ie., an unreasonably high risk of this type reaction rather than the normal risk of side effects that all medications carry). Finally, if her condition resolves with no permanent impairment, it is probably not worth a suit even if you have the first two elements discussed above.  Products liability cases are complex and expensive and you must have catastrophic medical problems to justify the cost of such a case.  Incidentally, I am assuming there is no liability on the part of giving your wife a drug that they should have known she was allergic to. Apparently, from what you have related, there was no reason to suspect your wife was allergic to any of the drugs given.  I am not saying there is no case.  Only that there are a number of questions that must be answered first.

Mark Smith · Answer

Unless the doctor/pharmacist knew or had reason to know of a potential   allergic reaction I do not see any claim for pain and suffering. Remember there   must be some knowledge, either direct or implied, in order to be  successful in a  case like this.

Stephen Lombardi · Answer

The answer is that at this point no one can say because no doctor   has identified what is causing your wife's reaction. Until that happens  there is  nothing to even consider because the burden of proof is the  plaintiffs.

James Osak · Answer

You MAY have recourse against the hospital IF THEY WERE NEGLIGENT in administrating the drugs.  You CANNOT sue the drug company because here in Michigan, the legislature gave the big pharmaceutical companies a free pass where people cannot sue them if the FDA approves their drugs first . . . which they did here.

Timothy Klisz · Answer

In a word, yes. If you can find out exactly what happened and it was based on a professionals medical negligence, there may be a case.

James Kelaher · Answer

Unless the physician who prescribed the medication or the pharmacist who filled the prescription had some reason to know she was allergic to the medication, then there would be no recourse for those damages. Merely because she suffered an allergic reaction to medication does not allow her to make a recovery for pain and suffering.

Mark Leonardo · Answer

To attach liability to anyone or a manufacturer, there has to be proven a causal connection from the product and the injury.  That presently sounds like it's difficult to prove.  If you get it narrowed down as to which product it is, check online for that product to see if anyone else has had a similar experience.  You might find an attorney or class action information.

Arthur Aiken · Answer

You need to get an attorney now even if you plan to wait to present a claim. Your attorney can make sure vital evidence is preserved for your later claim.

Paul Whitfield · Answer

There can be an allegic reaction to most any substance I don't think that would give rise to a claim unless you can show tht the doctor should have known better than to have prescribed the item. You need for starters to get a medical opinion as to causation. you say you are not sure of the cause. As long as you are not sure you have no where to go you cxant guess at a legal claim. You must prove cause.

John Brennan · Answer

You have no cause of action defined presently. There are always some possible issues with medications, most of which are not actionable.  Call when you know more, the time in which you have to file is very limited so the sooner the better regarding your investigation.  Good luck.

David Carlile · Answer

Your wife's condition sounds like Stevens-Johnson syndrome.  SJ is a very serious condition caused by an allergic reaction to sulfur based drugs.  We have handled several SJ cases in the past.  You should consult an attorney to evaluate your particular case.

Jeffrey Lapin · Answer

The answer to your question ("Is there any recourse for pain and suffering due to allergic reactions from mediation") is "possibly." In addition, as discussed below, your wife may be entitled to additional damages including payment of medical bills and for any permanent scarring. For your wife to receive any money for her allergic reaction and burns you would first need to prove that the cause was a medication she had been prescribed. Without this, there would not be case. If you can prove that the medication caused the allergic reaction, you would then need to prove that the doctor who prescribed the medication committed malpractice. Generally, to establish medical malpractice your wife must prove: (1) The generally recognized standard of care for the doctor who prescribed the medication; (2) that the doctor deviated from this recognized standard of care; and (3) that the deviation was the proximate cause of the allergic reaction and burns. More simply, your wife must prove that the doctor should not have prescribed her the medication. In most cases, a doctor must establish (usually through his or her testimony) these three items.  If your wife had a known allergy, which she told the doctor about, she likely has a medical malpractice case against the doctor. If your wife was unaware of the allergy, it would be more difficult as she would have to prove that doctor should have known about the allergy or that medication would cause her to have a severe allergic reaction.  Your wife should consider talking to a medical malpractice attorney to learn more about her rights.

George Gingo · Answer

Maybe.  That's a question that requires a lot more facts to answer.

Michael Yeksavich · Answer

For medical malpractice you need an expert witness to say what the malpractice  is.  Having an injury is not enough.

Irving Blank · Answer

You have to prove what caused the reaction.  This will probably require an expert (s) and that is going to be very expensive.  You should check the internet and see if there is any indication that the medicine she is taking could cause this and also if there are any pending cases or class actions regarding any of her medications.

Britany Engelman · Answer

More information is required to answer this question. Mainly, the names and dosages of all the drugs your wife was taking.

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Is there any recourse for pain and suffering due to allergic reactions from mediation?

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