Chicago, IL asked in Medical Malpractice and Personal Injury for Kansas

Q: If your doctor prescribes you a medications that is on your files that you are allergic to it and he is aware of it.

Would it be a lawsuit if your doctor prescribes you a medication that is on your files knowing that you are allergic to it and if it is what kind

1 Lawyer Answer
David Adams
David Adams
  • Medical Malpractice Lawyer
  • Olathe, KS
  • Licensed in Kansas

A: The doctor should be liable if they prescribe a medicine that you are known to be allergic to. The bigger question might become, "what are the extent of damages?" If the medicine did not cause a more serious medical event or problem, then it would likely be hard for a lawyer to justify the time and expense of a lawsuit. In any case, notifying the state board of hearing arts would be one way to document the failure of care, and put the licensing people on notice that there is a bad doctor out there. Also, a small claims case might be an option (but damages are limited to no more than $4,000.00 currently).

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