Is a doctor responsible for not informing or taking necessary precautions when prescribing medication?

I was prescribed a medication that I had a severe allergic reaction to. All over body rash and trouble breathing. She did not take me off the meds, she only lowered the dose. The reaction was the same. At the same time, she had me on

Prednisone for 3 months, and have just been diagnosed with osteoporosis. I was not made aware at the time that I was at risk of this, and was not told of any precautions to take to help avoid this.

Asked on April 24, 2017 under Malpractice Law, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit for negligence against the doctor, it may be possible to settle the case with her malpractice insurance carrier.  Your claim filed with the malpractice insurance carrier should include your medical bills, medical reports, and documentation of wage loss.
Compensation for the medical bills is straight reimbursement.  The medical reports will document your medical condition and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject them and file a lawsuit for negligence against the doctor.
If the case is NOT settled, your lawsuit for negligence against the doctor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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