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Healthcare providers have a duty to provide patients with medications that will not cause them allergic reactions. Unfortunately, not every doctor takes this duty serious and should be sued when they cause harm.
In many cases, doctors fail to get a full patient history and provide a medication that causes allergic reactions. At other times, pharmaceutical companies fail to list a crucial ingredient in a medication that can have adverse effects on patients. Depending on how your injuries occurred, our lawyers can help you file a medical malpractice or product liability claim. We can determine how long you have to file your particular claim and overcome other legal hurdles, such as preparing and filing expert reports detailing how the defendant caused your damages.
Call The Queenan Law Firm at (817) 476-1797 for your free case review with our attorneys for allergic reactions to medication.
Healthcare Providers You Can Sue for Allergic Reactions to Medication in Abilene
Patients often suffer from allergic reactions because of medication errors, which can cause serious injuries or even death. This error can occur in hospitals, clinics, nursing homes, or during the manufacturing process.
If you or a loved one has negligently suffered allergic reactions to a prescribed medication, our attorneys for allergic reactions to medication can help you get compensation from the party that caused your damages. The following are the parties we commonly sue in these cases:
Healthcare Providers
Patients often inform healthcare professionals about their allergies before treatment, trusting that their medical histories will be thoroughly examined. They will typically ask about your known allergies, medications you are currently taking, diet, and other details. Doctors and nurses can be held liable when they disregard a patient’s history.
They can also be sued for not warning patients of potentially dangerous side effects. This includes mislabeling the medication or your medical paperwork.
Pharmacists and Pharmacies
Pharmacists sometimes provide the wrong medication or wrong dosage that leads to allergic reactions. They frequently handle numerous medications that may have similar appearances or names. However, it is a pharmacist’s responsibility to accurately differentiate between these medications to ensure that patients receive the correct prescriptions.
We can often sue the pharmacy that employs a negligent pharmacist, since private company are typically responsible for the careless actions of their employees while they are working.
When to File a Lawsuit Against Pharmaceutical Companies for Allergic Reactions to Medication in Abilene
It is possible that your medication included an allergen that neither you nor your doctor were aware of. The medication could also be part of a bad batch, but the manufacturer failed to recall it. In such cases, the pharmaceutical company responsible for manufacturing the medication can be held liable.
Pharmaceutical companies must test medications to accurately determine potential allergic side effects.
They are also required to list all ingredients in the medications they sell, so that healthcare professionals can ensure it is safe for their patients. If a pharmaceutical company carelessly or intentionally failed to share information about a medication that caused your allergic reaction, we can help file a lawsuit.
Time Limits to File a Lawsuit in Abilene for Allergic Reactions to Medication
The “statute of limitations” in your case depends on whether your claim is against a healthcare provider, pharmaceutical company, or for wrongful death, as the clock starts counting down at different times. Failure to file on time will mean losing out on the compensation you deserve.
Medical Malpractice Claims
You typically have two years from the date a healthcare provider was negligent to file a medical malpractice claim against them, according to Tex. Civ. Prac. & Rem. Code § 74.251(a). This means that the statute of limitations starts to run when the healthcare provider errored, not when you suffered the allergic reaction.
Claims for injured children younger than 12 must be filed before they turn 14.
While certain situations might pause the limitations period, no medical malpractice claim can be filed after 10 years from the healthcare provider’s negligence under § 74.251(b).
Personal Injury Claims
When suing a medication manufacturer, the statute of limitations for personal injury lawsuits will apply. Under § 16.003(a), product liability lawsuits must be filed within two years, but the statute of limitations starts when you suffer damages from an allergic reaction.
Children will have the limitations period paused until they turn 18, then have two years to file a claim under § 16.001. If a victim has a legal disability that prevents them from filing, the time of the disability does not count against the limitations period.
Wrongful Death Claims
When an allergic reaction is fatal, spouses and children have two years from the date their loved one passed to file a wrongful death claim under § 16.003(b).
Filing an Expert Report in Abilene Healthcare Liability Claims for Allergic Reactions to Medication
If you are filing a healthcare liability claim, you must provide one or more expert reports along with a curriculum vitae for each expert within 120 days after the defendant’s answer to your complaint is filed, according to § 74.351(a).
Your reports must then be served to each physician or healthcare provider your claim is against or their attorneys. If your report is not filed on time, the judge can dismiss the case with prejudice, meaning you will not be able to refile your lawsuit. However, you can extend the deadline for serving the report if both parties agree in writing.
Each defendant in the report must file and serve any objections to the report’s claims within 21 days of receiving your report or 21 days after their answer is filed if the report was filed with the lawsuit, whichever is later. If they do not file their objections by this time, they lose the right to contest the report.
Contact Our Abilene Attorneys for Allergic Reactions to Medication Today to Start Your Claim
For your free case assessment with our attorneys for allergic reactions to medication, contact The Queenan Law Firm today at (817) 476-1797.