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.
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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
