Fresno, CA asked in Medical Malpractice for California

Q: hives outbreak for days after allergy test when allergist denies any possible connection.

EDIT: It seems like by mere virtue of posting this question on this site a lawyer responded to the implied objective of suing the allergist instead of professional speculation which is what I was actually looking for. If it weren't for the word count limit I might have tried to make it more clear that I didn't presume to know why I reacted the way I did after the allergy test, only that the allergist was being willfully negligent in his responsibility to help me by denying any possible relation with the test to the contradiction of what other doctors and web sources have suggested. It seems like there is no easy way to get a lawyer to speculate on anything other than the potential of litigation itself, which is not what I am interested in.

I maybe should have posted this on yahoo answers instead.

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Very sorry to hear about your condition. The fact that no other doctor would take a "hardline" that the allergy test caused the outbreak is a warning that this will be very difficult to prove. Suggest you consult a dermatologist to see if there is a clear connection. You need to consult with a Med Mal attorney in your area about this and he may be able to refer you to a specialist that can testify to the connection. Before you sue the M.D. you need two things, a 90 day letter advising of your intention to sue (CCP 364) and a written opinion from another M.D. that the allergy test was administered without following the standard of care in the community. Did your M.D. advise you that the test could result in any kind of adverse reactions? You must have given informed consent to the test.

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