New Braunfels, TX asked in Medical Malpractice and Personal Injury for Texas

Q: Can I sue my doctor for kidney failure caused by antibiotics? Infection led to antibiotics causing stage 4 kidney failure, requiring emergency intervention.

I suffered a fractured and dislocated ankle, which led to an infection. My doctor prescribed two strong antibiotics to treat this infection. After 5-6 days on these antibiotics, my kidneys crashed to stage 4, leading to a collapse that required emergency medical intervention and dialysis to save my life. I spent the next two months in the hospital and rehab. I've been told that the antibiotics caused my kidney failure. The prescribing doctor did not give any warnings or instructions about the potential side effects. I haven't received any second opinions, and I had no prior conditions or allergies. Do I have a case against the doctor who prescribed these antibiotics?

2 Lawyer Answers

A: It depends. The failure to give any warnings or instructions about potential side effects (which warnings can be verbal but are commonly given in writing with the antibiotics when they are dispensed by the pharmacy) falls below the standard of care if you were conscious. But that failure might or might not be the proximate cause of any harm to you. That depends upon the particular facts and circumstances. For example, were there other treatments available for your infection, including other medicines which do not have the same risks of kidney failure. You will need another medical doctor to answer that question in order to determine if you satisfy the legal element of causation.

A: The most reliable way to answer your question would probably be to reach out to law firms. This appears to be a complex matter that many attorneys would feel the need consult with medical professionals to make a meaningful assessment in terms of a case. Law firms that express interest in a matter generally offer free initial consults. Good luck

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.