Staten Island, NY asked in Personal Injury and Medical Malpractice for New York

Q: Doctor did an eye check for strep,said I had strep,put me on amoxicillin,then i broke out in rash cuz its mono.can i sue

The doctor at the urgent care I work next to did an eye test for strep (just looked down my throat) without swabbing or doing any test. I was prescribed amoxicillin. I took the amoxicillin and 6 days later broke out with a bad rash because that's what happens when you take a penicillin with Mono. I went back today and a new doctor actually tested me. She took a blood test and I tested positive for mono.

I am sitting typing this with a rash all over my body because of a mis-diagnosis due to malpractice. Can I sue for something like this? She (the doctor) told me I wouldn't be contagious after a day or two of anti biotics - knowing this I went out this past weekend with my friends, and have been hanging out with my girlfriend (which i am now so worried about and feel terrible knowing I could have given it to her.)

Please let me know.

1 Lawyer Answer
Jonathan R. Ratchik
Jonathan R. Ratchik
  • Medical Malpractice Lawyer
  • New York, NY
  • Licensed in New York

A: Sorry to hear what happened to you. Without minimizing what you've gone through, a rash that is perhaps lasting longer than it should will not justify the time and expense of a medical malpractice lawsuit. Moreover, amoxicillan is an accepted course of treatment for strep throat. Although strep throat cannot be definitively diagnosed without a throat culture, many providers will prescribe an antibiotic without waiting for the culture results if they reasonably think that you have strep throat (and because the results from a throat culture might not be available for several days). Finally, there's nothing in your question to suggest that the urgent care doctor either knew or should have known that you had mono and that prescribing amoxicillan was contraindicated

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