Denver Allergic Reaction Malpractice Attorneys
Allergic Reaction Malpractice Lawyers in Denver Who Know How to Win
An allergic reaction can have devastating medical consequences. Patients suffering from a food allergy must be evaluated immediately and provided with safe and effective medical care. Doctors and hospitals must take precautions to protect patients from allergic reactions to medications and medical equipment.
If you or a loved one was injured by a medical error in Colorado, contact the experienced Denver medical malpractice attorneys at Leventhal Puga Braley P.C. Our firm has an impressive track record in medical malpractice cases — with millions of dollars won in verdicts and judgments for clients in Colorado and across the nation.
Call us at (303) 759-9945 or toll-free at (877) 433-3906 to learn more about your legal options.
How to Know You’re Having an Allergic Reaction
An allergic reaction is a chemical response that your body’s immune system has to some type of substance, such as food, medication, and certain types of medical equipment. Stings from bees, wasps, and other insects also trigger an allergic reaction.
During an allergic reaction, your body releases a chemical called histamine, which can have serious consequences depending on the intensity of the reaction. When an allergist has determined that a patient has a dangerous allergy, they will often prescribe an EpiPen, which is a small device that delivers medication to counteract the effects of an allergic reaction.
Common symptoms of an allergic reaction include:
- Hives
- Itching
- Rash
- Dizziness
- Disorientation
- Nausea
- Coughing
- Difficulty breathing
- Flushed head and skin
- Increased heart rate
- Abdominal cramps
- Vomiting
- Fever
- Blisters
- Runny nose
- Reduced blood pressure
- Swollen face, lips, tongue, or throat
Harm Caused by Allergies Medical Malpractice
During an allergic reaction, the patient may suffer anaphylaxis, also called anaphylactic shock. This is a hazardous medical condition that may cause the airway to become completely blocked. When left untreated, anaphylaxis can result in:
- Seizures
- Cardiac arrest
- Organ failure
- Suffocation
- Loss of consciousness
- Death
Proving That a Patient Suffered Allergy-Related Medical Malpractice
Patients may be seriously harmed when medical professionals don’t live up to the standard of care. For example, a qualified doctor will review the patient’s history before prescribing medication, and a qualified pharmacist will fill a prescription correctly. If a breach in the professional standard of care occurs and a patient is injured as a result, it may be medical malpractice. This means that a reasonably qualified doctor would have acted differently in the same situation.
Factors such as intoxication, incompetence, inadequate hospital protocols, lack of training, and poor communication can all lead to a breach of the standard of care. To prove medical malpractice, a personal injury attorney must identify how the standard of care was breached and demonstrate how this breach caused the patient’s injuries.
Examples of a breach in the standard of care that may lead to allergy-related medical malpractice include:
- Failure to adequately monitor a patient
- Failure to collect patient information on the intake form
- Failure to warn patients about possible drug reactions
- Failure to create safe treatment procedures
- Failure to prescribe an EpiPen to a patient with severe allergies
- Refusal to admit a patient who is suffering an allergic reaction
- Providing the wrong dosage
- Misreading a prescription
- Delayed treatment
- Negligent hiring
- Delayed diagnosis
- Pharmacy errors
- When a drug is prescribed without a good reason
Medical Malpractice Due to Misdiagnosis of Stevens-Johnson Syndrome
Stevens-Johnson Syndrome (SJS) is a serious skin-peeling condition caused by an allergic reaction to medications such as antibacterial sulfa drugs, anticonvulsants, antibiotics, drugs used to treat gout and kidney stones, and non-steroidal anti-inflammatory drugs (NSAIDs). SJS may be caused by viruses such as herpes simplex, HIV, and hepatitis, but the overwhelming majority of cases arise due to an adverse drug reaction.
SJS primarily affects the skin and mucous membranes, including the eyes, mouth, and genitals. Early and aggressive medical intervention can significantly improve outcomes and reduce the risk of long-term complications. However, the syndrome has a high fatality rate and may lead to health issues, including vision loss, scarring, and organ damage.
SJS often begins with nonspecific flu-like symptoms, such as fever, fatigue, sore throat, and cough. As it progresses, the symptoms of Stevens-Johnson Syndrome may become life-threatening. Large areas of the skin may blister and peel, resembling a burn injury. This extensive skin loss exposes the body to a high risk of infection and fluid loss. The mucous membranes are also significantly affected, leading to extreme pain, difficulty swallowing, and breathing problems due to airway involvement.
Eye complications can escalate from redness and irritation to severe conditions like uveitis or corneal ulcers, potentially resulting in blindness. Internal organs may also be affected, with conditions such as hepatitis, nephritis, or myocarditis arising.
Immediate discontinuation of the offending drug or treatment of the underlying infection is crucial. Hospitalization is often necessary, with many patients requiring attention in an intensive care unit (ICU) or burn unit. Fluid replacement is critical to prevent dehydration, and broad-spectrum antibiotics might be administered to prevent secondary infections.
Topical treatments, such as antiseptic washes and wound dressings, help protect the exposed skin and promote healing. In some cases, corticosteroids or intravenous immunoglobulins (IVIG) may be used to reduce inflammation and moderate the immune response. Ophthalmologic care is crucial for eye involvement, and respiratory support might be needed if the airway is affected.
Who Is Liable for Allergies Medical Malpractice in Denver?
Allergies medical malpractice is often caused by hospitals and other types of treatment facilities that are poorly run. Administrators must provide the proper training and oversight to prevent needless errors. It’s also important to screen new employees adequately to ensure they are fully qualified and have a safe record.
The attorneys at Leventhal Puga Braley P.C. will work to pinpoint the mistake that caused your injuries by examining the available evidence. This could include interviewing witnesses and reviewing hospital records and internal communications to find who is responsible for your injuries. We can also file a claim on your behalf to recover damages.
Liable parties in an allergy medical malpractice claim may include:
- Hospitals
- Nurses
- Administrators
- Pharmacies and Pharmacists
- Clinics
- Urgent care centers
- Doctor’s offices
- Nursing homes
- Medical facilities
- Pharmaceutical companies
Gathering Evidence for Your Allergic Reaction Medical Malpractice Case
Collecting evidence is a fundamental step in building your allergic reaction malpractice lawsuit. Documentation is key, including obtaining all medical records related to the incident, such as prescriptions, doctor’s notes, and hospital records. It’s also important to secure statements from witnesses who were present during the allergic reaction or its mismanagement.
Photographs of physical symptoms can also serve as visual proof of the reaction. A detailed account of the events, such as a diary or notes, can provide a timeline supporting your case. This evidence helps establish the facts and illustrates the extent of your suffering and the negligence you’ve endured.
Benefits of Working with Medical Experts
In allergic reaction malpractice cases, medical experts provide invaluable insights and guidance. Leventhal Puga Braley P.C. works closely with these experts to build a compelling argument, ensuring that the technical aspects of the case are clear and convincing.
Experts from relevant fields, such as immunology or pharmacology, can explain complex medical concepts in a way a jury will understand. They can also testify about the probable outcomes you might have experienced if the appropriate care had been provided.
Legal Process for Recovering Medical Malpractice Damages in Denver
Every aspect of the legal process demands attention to detail and strategic decision-making from your attorney. The first step in pursuing a medical malpractice claim is formally filing a complaint that details the nature of the malpractice, the harm suffered, and the legal basis for holding the provider accountable.
After the complaint is filed, the pretrial phase will begin. Discovery is a critical component of the pretrial process. Both parties will exchange information that’s pertinent to the case. To navigate this stage effectively, your lawyer will gather the necessary documents:
- Documentation of your allergies
- Medical treatments you received
- Notes from healthcare professionals involved in your care
- Depositions where witnesses provide sworn, out-of-court testimony
- Interrogatories, which are questions that require a written response from the defendant
When the case goes to trial, attorneys from both sides will provide an opening statement, followed by witness testimony, witness interrogations, and closing arguments. Then, the court will reach a verdict, determining the size of your settlement if you prevail.
Settlement Negotiations in a Medical Malpractice Lawsuit
Your lawyer will continue to negotiate with the plaintiff’s lawyer during the trial, and a settlement may be reached at any time before the court reaches its verdict. Negotiations require patience and the skill to discern when to compromise and when to stand firm. While settlements can provide a quicker, less stressful resolution, it’s important to ensure the amount offered adequately covers your current and future needs resulting from the malpractice you have suffered.
What Compensation Is Available in Denver for Allergies Medical Malpractice?
Patients who are harmed by allergy-related medical malpractice often require extensive medical treatment. You may be forced to miss work during your recovery, and your injuries might prevent you from returning to your job. This creates a tremendous hardship for you and your family.
A claim for compensation caused by allergic medical malpractice includes the following types of damages:
- Medical expenses
- Lost income
- Pain and suffering
- Medical devices
- Physical therapy
- Reduced earning potential
- Loss of enjoyment of life
- Rehabilitation
- Wrongful death
Other Locations We Serve
Our Denver Medical Malpractice Attorneys Are on Your Side
The skilled Denver medical malpractice lawyers at Leventhal Puga Braley P.C. have earned an impressive reputation for winning record-breaking cases. We are committed to helping you achieve the best possible outcome and protecting your rights every step of the way.
When it comes to pursuing justice for our clients, our lawyers won’t back down from anybody. The people who harmed you should have to pay for it. Reach out to us at (303) 759-9945 or toll-free at (877) 433-3906 to schedule an initial consultation at no charge today.
