Medical Negligence in Allergy Management: Legal Responsibilities
Introduction
Allergies are among the most significant and potentially dangerous conditions in medical practice. Proper management can make the difference between life and death, especially in cases of anaphylactic reactions. When healthcare professionals fail to properly manage an allergy, it can result in medical negligence, an act that involves not following professional standards, exposing the patient to avoidable harm. This raises significant legal responsibilities, both civil and criminal, for doctors and centers in Spain, especially in light of the jurisprudential trends of 2024.
What is medical negligence in the context of allergies?
Medical negligence occurs when the healthcare professional acts with a lack of diligence, failing to comply with accepted protocols, and as a result, causes harm. In the context of allergies, this can include:
- Failure to identify or properly record known or suspected allergies.
- Omitting specific diagnostic tests.
- Not prescribing rescue medication such as auto-injectable adrenaline in cases of anaphylactic risk.
- Administering medications or foods contraindicated by allergy history.
- Lack of information or education to the patient about precautions and action protocols in case of a reaction.
Essential medical protocols in allergy management
Proper medical action against an allergy involves several phases:
1. Medical history and documentation
A detailed study of the medical history, including personal and family allergy history, is essential to avoid fatal errors or omissions.
2. Diagnosis
Diagnostic tests (skin, blood, etc.) should be performed when there are suspicions. The absence of these, or misinterpretation, can be subject to legal liability.
3. Prescription and follow-up
Every patient at risk of a severe reaction should receive their rescue medication (antihistamines, adrenaline) and training on its use.
4. Information and informed consent
Informed consent in allergy matters involves explaining to the patient the risks, alternatives, and how to act in case of a reaction. The absence of this consent not only entails civil liability but also aggravates the criminal one.
Legal responsibilities of the doctor and the hospital
Civil responsibility
The patient has the right to claim compensation if, as a result of malpractice, they suffer harm. It must be proven:
- Actual harm: deterioration of health, sequelae, death.
- Causal relationship between medical action/omission and harm.
- Existence of an action deviating from the professional standard.
In Spanish courts, there are recent judgments that recognize compensations for not recognizing a severe allergy after clear history, or for omitting complementary tests when there were warning signs.
Criminal responsibility
When the conduct constitutes a serious violation (e.g., death by omission of assistance), the professional may face charges of gross professional negligence, with penalties including imprisonment and withdrawal from professional practice.
Ethical and disciplinary responsibility
Professional colleges and health authorities can impose sanctions, suspensions, or disqualifications for repeated malpractice or flagrant omissions in the prevention and management of allergies.
Recent Spanish jurisprudence (2023-2024)
The courts have established the reinforced obligation of the doctor in cases of known allergy or with justified suspicion, determining liability when not acting according to “good clinical practices”.
Recent examples:
- Judgment on the duty to convey clear information to the allergic patient and detail self-protection instructions.
- Ruling against a medical center for not providing auto-injectable adrenaline, resulting in a preventable severe reaction.
- Convictions for omission of tests in patients with previous reactions not adequately documented in the medical history.
Importance of informed consent
Informed consent is an essential and legally mandatory procedure. The doctor must explain the consequences, risks, and alternatives to the allergic patient. Without this document, the defense against a negligence claim is severely weakened.
Conclusions and recommendations
Medical negligence in allergy management can have devastating consequences for the patient and severe legal repercussions for the professional and health centers. The key is to:
- Scrupulously comply with updated diagnostic and therapeutic protocols.
- Thoroughly document the medical history and actions taken.
- Inform the patient clearly and in detail, requesting and documenting informed consent.
- Maintain continuous training on allergies and their latest approaches.
If you believe you have been a victim of negligence in this area, contact a lawyer specialized in health law to assess the viability of your claim and help you defend your rights.
Updated in 2024, in accordance with current Spanish jurisprudence and regulations.