Arlington, TX asked in Health Care Law and Medical Malpractice for Georgia

Q: Kaiser Permanente told me I had allergies and I ended up in the hospital with bronchitis do I have a case ?

After being sick for almost 2 weeks and trying every home remedy and over-the-counter medication with nothing working I went to my doctor at Kaiser. I gave my doctor all of my symptoms. The doctor never performed any tests or did any blood work just looked at my ears and throat and told me I had allergies and to take Claritin. I told my doctor that I've never had allergies before and she told me that because I am pregnant I could help developed some. I even reassured her that this is my third pregnancy and this felt like an infection. She dismissed my claim and later evening my husband rushed me to the ER because I couldn't breathe. After 4 hrs of breathing treatments, steroids, blood work, and an X-ray, I was diagnosed with Bronchitis. I now have antibiotics and am on a path to recovery. I am furious and this ordeal has put me through unnecessary pain and stress as well as my six month old unborn child. Do I have a case of any kind?

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Medical Malpractice Lawyer
  • Wyomissing, PA

A: Not that I can see. Your "stress"isn't an item the law recognizes. You could have had allergic rhinitis which caused chest irritation which resulted in an asthmatic-like brochial distress pattern. There may have been an underlying infection, but it would be more likely to be malpractice to prescribe antibiotics to a pregnant woman as a precautionary measure.

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