If you have suffered life-changing injury from anaphylaxis (severe allergic reaction) caused by medical negligence, Boyes Turner’s clinical negligence solicitors can help you claim compensation. Most people, particularly parents of young children, are aware of allergies to food, such as nuts, shellfish and dairy produce but the risks of anaphylactic reactions to medicines and medical products tend to be less widely understood. In certain branches of medicine, such as anaesthesia and radiology, failure to consider the patient’s risk of anaphylaxis or react quickly when it occurs, can result in severe injury, disability or death. What is anaphylaxis? Anaphylaxis is a severe, often sudden, allergic reaction to an allergen (a substance which triggers an allergic reaction) which can quickly develop into life-threatening anaphylactic shock and organ failure. During an anaphylactic reaction, the body’s immune system overreacts to an allergen to which it has been previously exposed by producing inflammatory chemicals to attack the allergen. This exaggerated response affects not just the allergen but the whole body. Unlike less serious types of allergic reaction, anaphylaxis is a medical emergency which requires immediate emergency medical treatment. Swift treatment with adrenaline or epinephrine may be needed to reverse the body’s aggressive response to the allergen and save the patient’s life. Once somebody has experienced anaphylaxis, they are always at risk from further, more severe anaphylactic reactions. The cause of the reaction may be unknown (idiopathic anaphylaxis) but in a medical setting, patients may suffer reactions to allergens such as latex, contrast dyes (used in radiology/scanning), anaesthetic medications or antibiotics (such as penicillin). What are the symptoms of anaphylaxis? Anaphylaxis produces ‘ABC symptoms’, so called because they affect the patient’s airway, breathing or circulation. These symptoms are caused by inflammation and swelling affecting the respiratory system and fluid in the lungs. As anaphylaxis affects the respiratory system, people with asthma are at increased risk of respiratory distress from anaphylactic reactions. The anaphylactic reaction also causes capillary blood vessels to leak into the tissues of the body, and this causes a sudden, severe drop in blood pressure. Without sufficient blood circulation, the patient will suffer organ failure, such as hypoxic (from lack of oxygen) damage to the brain or cardiac arrest. The patient’s condition can deteriorate very rapidly and become life-threatening, but the initial symptoms often include: persistent cough; hoarseness affecting the voice; swallowing difficulty; swollen tongue; noisy or difficult breathing or wheezing; feeling faint or lightheaded; skin clammy or flushed; hives or a rash; angioedema (swelling of the skin anywhere on the body, such as lips or face); confusion, lack of response or loss of consciousness; abdominal pain; nausea and vomiting. Anaphylaxis injury claims caused by medical negligence Patients who suffer severe injury or a family member’s death from anaphylaxis may be entitled to compensation if their injury arose from medical mistakes. Common medical mistakes which can lead to severe injury from anaphylaxis include: giving a patient a drug or medicine to which they are known to be allergic; injecting a patient with contrast dye to which they are known to be allergic; failing to check whether the patient has any known allergies or risk factors before the procedure; failing to recognise and quickly treat early signs of anaphylaxis; pharmacy, prescription and medication errors. What compensation can I claim for anaphylaxis injury caused by medical negligence? The amount of compensation that can be claimed for an injury that has been negligently caused by anaphylaxis will depend on the type and severity of the individual’s injury and the effect that it has on their life. Medical negligence claims for life-changing injury from anaphylaxis and severe allergic reaction may include compensation for: pain and suffering and disability caused by the negligent failure; costs of care and case management; medical costs; costs of rehabilitation, therapies and counselling; essential home adaptations; specialist equipment and assistive technology; prosthetics (if the anaphylaxis led to amputation); financial losses, including loss of earnings and pension. What compensation can be claimed by the bereaved family in a fatal anaphylaxis negligence claim? Where the injured person’s death was caused by negligent anaphylaxis injury, the deceased’s close family and dependants may also be entitled to claim: reasonable funeral costs; a statutory bereavement payment; the cost of replacing the deceased’s ‘services’, such as with childcare or domestic assistance; their loss of dependency on the deceased’s income. If you or a member of your family have suffered severe injury from anaphylaxis as a result of medical negligence, or HSSIB/MNSI or NHS Resolution has contacted you, you can talk to a solicitor, free and confidentially, for advice about how to respond or make a claim by contacting us.
