if a doctor gives you medicine that contains something that your allergic to can you sue that doctor?

Question

if a doctor gives you medicine that contains something that your allergic to can you sue that doctor

Answer 1

Typical response from a sue happy population. Explain more, if all that happened was a simple mistake, please try to remember that ALL health care people are also human beings. WE ALL MAKE ERRORS/MISTAKES. If we do it, without reguard to known allergies, without due caution, then slap our hands!
This is the type of thing that makes health care so expensive, having to order every single test, every available xray, or procedure to keep the sue happy patients and lawyers from sucking more blood from the health care dollar. If you think that all these settlements obtained by lawyers come from someone else's pocket, you would be wrong. We all pay for it in the end.

Answer 2

USA....guess what the S stands for...sure you can sue but you will have to prove that there was intent to commit harm and that indeed actual harm occurred. Also, you will have to prove that you provided all relevant information to the doctor in order for him or her to prescribe properly. In today's informed society the days of assuming the doctor should know everything are long passed.

If the medical records indicate that you did not disclose your allergies....if known...during the medical work up you will be hard pressed to gain a judgment.

Answer 3

Unless you previously stated to the doctor that you were allergic to this medication, then no. If it was a first time reaction, how would the doctor possibly know before prescribing it. However, if you had written in your records that you were allergic to it, then yes, you would have a case.

Answer 4

To sue anyone you need first to demonstrate ' torte ' or injury has occurred. If this is established and it could be confirmed that either the doctor should have known of the allergy, because it was marked on the notes or if he failed to ask you about an allergy that you knew you had, possibly.

However if there was no previous knowledge of allergy to the medication there would be no legal issue.

Answer 5

Every body is "sue happy". How bad was the reaction? Did you tell your Dr. you were allergic to this ingredient? I don't know how he could possibly have known you were allergic to something if you didn't know yourself! Chalk it up to experience and make sure it's recorded in your chart.

Answer 6

I'm a nurse and you bet you can. I'm so sorry I hope you didn't suffer too much. Take care and always second guess any doctor, after all it is your life involved here. Take care and I wish you all the best. Make sure you file an complaint with the company first and seek the advice of a good lawyer.