I was prescribed a medicine that caused a severe reaction that put me in hospital. I was never told about the risk and the doctor says such reactions are rare. Was I entitled to be warned, and can I claim for it?
A patient has the right to be given the information that a reasonable patient in your position would expect to receive, under Right 6 of the Code of Health and Disability Services Consumers' Rights, which includes information about risks and side effects, and Right 7 requires informed consent. Whether a rare risk should have been disclosed depends on how serious it was and how likely. If you suffered an injury as a result of the treatment, you may be able to lodge an ACC treatment injury claim, and an adverse reaction can sometimes be covered even if the prescription was appropriate, depending on the circumstances. You can also complain to the Health and Disability Commissioner about the lack of information. Report the reaction to the Centre for Adverse Reactions Monitoring, keep your prescription and hospital records, and ask for an explanation.
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