In this guide, we’ll be discussing the circumstances in which you could make a medical negligence claim if you have an allergic reaction to penicillin. We will look at the definition of medical negligence and the impact that this can have on you.
Furthermore, we will address how compensation claims for medical negligence are arrived at and the time limits that apply. Additionally, we will look at the advantages that working with a No Win No Fee solicitor could offer claimants.
If you’d like to discuss this further, then you can do so by using the contact details provided below. One of our advisors could connect you with a No Win No Fee solicitor from our panel if your case is valid.
Contact us by:
- Entering your details in the ‘contact us‘ section of our guide
- Calling us on 0800 408 7827
- Chatting with a member of our team of advisors by using the feature below
Choose A Section
- How Much Compensation Could You Recieve For An Allergic Reaction To Penicillin?
- What Is The Eligibility Criteria When Claiming For An Allergic Reaction To Penicillin?
- When Can An Allergic Reaction To Penicillin Be Caused By Medical Negligence?
- Evidence That Could Be Used When Seeking Compensation For An Allergic Reaction
- Use Our Panel Of No Win No Fee Solicitors To Claim For Pharmacy Negligence
- Learn More About Claiming For Pharmacy Negligence
How Much Compensation Could You Recieve For An Allergic Reaction To Penicillin?
When making a successful medical negligence claim, you could be eligible to receive compensation under two heads of claim. The first of these is general damages, which is a head of claim that aims to compensate for any pain or suffering that you’ve experienced as a result of the negligence.
Solicitors may use the Judicial College Guidelines to help them work out how much this head of claim is worth; this is also used to help value personal injury claims. We have included an excerpt from this table below. It’s important to note that these figures can’t be guaranteed and should only be used as guidance.
| Injury | Severity | Compensation |
|---|---|---|
| Brain Damage | Very Severe | £282,010 to £403,990 |
| Brain Damage | Moderately Severe | £219,070 to £282,010 |
| Brain Damage | Moderate (i) | £150,110 to £219,070 |
| Brain Damage | Moderate (ii) | £90,720 to £150,110 |
| Brain Damage | Moderate (iii) | £43,060 to £90,720 |
| Brain Damage | Less Severe | £15,320 to £43,060 |
| Kidney | Serious | £169,400 to £210,400 |
| Kidney | Significant | Up to £63,980 |
Claiming For Special Damages
Special damages are the second head of claim that you could be entitled to receive compensation for after making a successful claim. This head of a claim aims to reimburse you for any financial losses that you have experienced as a result of your injuries.
For example, special damages could cover:
- The cost of care
- Loss of earnings
- Medical expenses
- Travel expenses
- Cost of renovations to your home
You’ll have to provide evidence in support of the special damages head of your claim, which can come in the form of bank statements, invoices, and receipts. Speak with our team today for guidance on how to support your claim.
What Is The Eligibility Criteria When Claiming For An Allergic Reaction To Penicillin?
In order to claim compensation after an allergic reaction to penicillin, you will need to show that you were injured as a result of a medical professional breaching the duty of care that they owed you. When a breach of duty occurs that causes harm, this is an example of medical negligence.
Medical professionals have a responsibility to provide a standard of care that doesn’t fall below an acceptable level. This is their duty of care. If they breach this and you’re harmed in a way that would have been avoided by the correct level of care, then you could be entitled to claim.
It’s important to note that having an allergic reaction to penicillin will not automatically entitle you to claim. If you suffered an allergic reaction but this was not due to a breach of duty of care (for example, because you and the doctors treating you were unaware that you were allergic), then you’d be unable to claim.
Is There A Time Limit When Claiming For Medical Negligence?
When making a medical negligence claim it’s important that you’re aware of the time limits that you’ll have to abide by. As per The Limitation Act 1980 you’ll have three years in which to begin your claim, running from the date when you became aware that the harm you experienced resulted from negligence.
Some exceptions can apply to this time limit, however. Speak with a member of our team for guidance on how long you could have to begin your own claim.
When Can An Allergic Reaction To Penicillin Be Caused By Medical Negligence?
Penicillin is an antibiotic that can be used to treat conditions such as chest or skin infections. An allergic reaction to penicillin can lead to coughing, wheezing, and breathing difficulties. In the most severe of cases, it could lead to anaphylaxis. This could prevent oxygen from going to the brain which could result in brain damage. Penicillin allergy could also affect the kidneys.
Because of this, it’s important for medical professionals to be aware when a patient has a known allergy to a particular type of medication. Examples of how a claimant could suffer from an allergic reaction include:
- Being handed the incorrect prescription at the pharmacy, resulting in you taking the wrong medication
- Your doctor does not make a note of your allergy information when you make them aware of this
- A nurse or doctor failing to refer to your file before prescribing you a drug in the hospital.
For guidance on the process of claiming after being given then wrong medication, speak with a member of our team today.
Evidence That Could Be Used When Seeking Compensation For An Allergic Reaction
In order to make a successful claim after an allergic reaction to penicillin, you may need to provide evidence. Potential types of evidence that you can use to support your claim include:
- A diary of your treatment and any symptoms you experience
- Copies of any medical records produced
- Witness contact details from anyone who can give a statement at a later date
If you’re struggling to gather evidence that is necessary to make a successful medical negligence claim after a prescription error has caused you avoidable harm, then you can use the contact information above to discuss this further with our team of advisors.
Use Our Panel Of No Win No Fee Solicitors To Claim For Pharmacy Negligence
If you choose to make your claim by using our panel of solicitors, you could be offered a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). The Conditional Fee Agreements Order 2013 sets out the ways that these agreements work.
Firstly, under a CFA, typically you won’t be expected to pay any sort of upfront or continuous fees to secure legal representation. As well as this, in the case that you’re unsuccessful in your claim, you won’t have to pay anything for the work your lawyer has done.
However, in the case that you’re awarded compensation, a success fee will be deducted from your settlement award. This is a legally capped amount which ensures you get the majority of the compensation awarded to you.
If you’d like to discuss more in regards to the process of making a claim after an allergic reaction to penicillin then you can use the following contact details to discuss this further with our team of advisors. In just one call you can understand how much compensation you could be entitled to following a successful claim.
Contact us by:
- Entering your details in the ‘contact us’ section of our website
- Call us on 0800 408 7827
- Chat with a member of our team of advisors using the feature below
Learn More About Claiming For Pharmacy Negligence
If you’d like to learn more about making a claim after an allergic reaction to penicillin, then you can read more of our guides below.
- Prostate cancer misdiagnosis claims guide
- Can I claim for misdiagnosed cancer?
- Suing for dentist negligence
Alternatively, you can use the following links to learn more.