Niagara Falls, NY asked in Medical Malpractice for New York

Q: Recently I was prescribed medicine from my doctor that I am allergic to and I ended up with hives.Can the doctor be sued

The doctor knew about the allergy and gave me the medicine under a different name.

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2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Medical Malpractice Lawyer
  • Little Neck, NY
  • Licensed in New York

A: Possibly. But the practical aspects of bringing such a claim could hinge on the severity and permanence of the damages. You could try to arrange a consult with a med mal attorney who could review your medical records and determine the viability of the case. Good luck

Tim Akpinar

Michael H. Joseph
Michael H. Joseph
PREMIUM
Answered
  • White Plains, NY
  • Licensed in New York

A: In general, there is probable malpractice case if the doctor knew you had an allergy, and prescribed you medication that you were allgeric to. But as a matter of reality, due to the costs of litigation, the case is not worth bringing unless there was a significant reaction or some permanency. If all you had was some hives and they resolved uneventfully, it is probably not worth pursuing, however, if you had a major allergic reaction that required hospitalization or resulted in some major inflammatory disease, then you may have a case.

Tim Akpinar agrees with this answer

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