What to do dif I got a severe allergic reaction from a medicine the doctor prescribed under a different name when he knewI had an allergy?

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What to do dif I got a severe allergic reaction from a medicine the doctor prescribed under a different name when he knewI had an allergy?

I been seeing my doctor for about a year. I have a severe yeast infection and I am allergic to Diflucan medicine..This is the only medicine I am ever allergic to and I had told the doctor that through out my case of candida (yeast ) infection. The doctor had asked me what happened when I take Diflucan and I explained that I get covered in rashes, extreme rashes, so we decided to resort to Monistat cremes. It is not as if though I been seeing the doctor for a month; he knows my entire history. Now he says that he had no clue that I have allergy.

Asked on December 22, 2011 under Malpractice Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What you describe may be malpractice, or medical practice that does not meet accepted standards of care: the doctor should have known that this medicine would affect you adversely.

However, it still  may not be worth suing, if you neither incurred significant medical costs arising from the allergy nor suffered any lasting effect. The reason is, malpractice suits can be among the most expensive ones to pursue--you need medical expert testimony, for example, and medical experts are not cheap--but you can only recover an amount of money comensurate with your injury and costs; therefore, if you suffered little injury or costs, you could easily spend more on the lawsuit than you'd be able to recover.


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