Can an Allergic Reaction Be Grounds for a Medical Malpractice Claim in Mississippi?

When you visit the emergency room or a doctor’s office, one of the first conversations you will have with a nurse or physician is about your allergies. You will inform them about any medications you are allergic to and describe the type of allergic reactions you experience.

It is the nurse or physician’s responsibility to document and put this information in your chart. Despite being busy, overworked, stressed, and overwhelmed, they must not neglect this task, as administering a drug you are allergic to can cause serious medical issues or even death, possibly leading to a medical malpractice claim.

What will happen if my nurse or doctor gives me medication that I’m allergic to?

If a nurse or doctor gives you a medication you are allergic to, you will most likely experience an allergic reaction. Depending on the severity of your allergy, you could suffer serious and life-threatening symptoms, which could lead to long-term effects and consequences. Some of the different symptoms that occur when a person has an allergic reaction include:

• Itching
• Hives
• Swelling in the lips, throat, or tongue
• Rashes appearing on the skin
• Shortness of breath
• Itchy or watery eyes
• Runny nose
• Wheezing

Severe allergic reactions usually happen within the first 30 to 60 minutes after taking the medication. Milder or less severe reactions may present symptoms hours, days, or even weeks after taking the medication.

What is anaphylaxis?

According to the Mayo Clinic, anaphylaxis is a very dangerous and life-threatening type of reaction to a medication allergy that can lead to serious health-related problems. While anaphylaxis is described as rare, a study conducted by several medical doctors and published by the National Center for Biotechnology Information (NCBI) explains that it “continues to cause significant morbidity and mortality.” Here are a few of the symptoms that individuals suffering from anaphylaxis may experience:

• Seizures
• Loss of consciousness
• Nausea
• Vomiting or diarrhea
• Abdominal cramps or stomach pains
• Tightening in the throat and airways
• Difficulty breathing
• Feeling weak
• Fast pulse
• Low blood pressure
• Feeling dizzy or lightheaded
• Organ failure

If you or a loved one are experiencing any of these symptoms, it is crucial to seek medical attention immediately. Untreated anaphylaxis can affect your entire body and potentially result in death. The study published by the NCBI looked at 30 different malpractice lawsuits that were filed due to anaphylaxis and of those cases 16 resulted in death, seven resulted in permanent cardiac or neurological damage, and seven were minor cases with mild symptoms and outcomes.

In almost all of the cases, the individual who caused the anaphylaxis (the defendant) was a nurse or physician. To make matters worse, in 14 of the cases, the defendant knew about the allergies, and in 12 of the cases, patients received delayed treatment for their allergic reaction. As a result, the medical doctors who conducted the study stated that more education and awareness of anaphylaxis and “stronger safeguards to prevent administration of known allergens would reduce anaphylaxis-related morbidity and mortality.”

Can an allergic reaction be grounds for a medical malpractice claim in Mississippi?

Yes, an allergic reaction can be grounds for a medical malpractice claim in Mississippi. However, in order to bring forth a successful claim, you must be able to prove the following:

• Duty of care: You will first need to prove that the medical professional owed you a duty of care. This means that you and the medical provider had a medical provider-patient relationship, and they were obligated to provide you with reasonable care based on their knowledge, training, and experience.
• Breach of duty: Next, you will need to show that the medical professional breached their duty by acting negligently.
• Causation: You will then need to prove that there is a direct connection between the medical provider’s negligence and your allergic reaction. This means that your allergic reaction would have never happened if the provider had treated you with reasonable care.
• Damages: Lastly, you must show proof of your damages from the allergic reaction. This may be medical bills, mental trauma, physical pain, lost wages, and more.

Who can be held liable for my allergic reaction?

Every person’s allergic reaction case is unique and different. Therefore, the party that can be held liable for your allergic reaction may be different from another person who had an allergic reaction. If you need help determining who should be held legally responsible for your allergic reaction, consult with an attorney to begin going over your unique situation and circumstances as soon as possible. These are a few of the most common parties who are frequently found liable for allergic reactions:

• A doctor
• A nurse
• A dentist
• A pharmacist
• A hospital
• A doctor’s office
• A manufacturer or pharmaceutical company

If you were recently given the wrong medications which resulted in a serious allergic reaction, please do not hesitate to reach out to the Mississippi medical malpractice lawyers at Merkel & Cocke, P.A. at your earliest convenience. Our team knows and understands the various consequences that individuals who suffer severe allergic reactions have to face, which is why we are dedicated to helping and supporting you throughout the entire legal process and ensuring that you receive the justice and compensation you deserve. Let us take some of the burden off your shoulders today. Call our office or submit our contact form to schedule a free, no-obligation case review at our offices located in Jackson, Clarksdale, Greenville, or Oxford.