Do I have a case if I am allergic to pennicilan and the hospital was aware and still gave it to me?

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Do I have a case if I am allergic to pennicilan and the hospital was aware and still gave it to me?

Asked on April 15, 2013 under Malpractice Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

What you describe may be malpractice, or careless/negligent medical practice; the key issue, however, is whether you were injured, and, if so, how badly. You can only receive compensation for actual injuries or costs--e.g. for any medical treatment you needed because of this, or for any significant impairment of life enjoyment of functions due to an allergic reaction. If you were fortunate enough to not suffer much injury or incur much additional medical costs, there's no point in legal action; you could no recover enough money to make it worthwhile.


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