Is there any legal action I can take against the doctor’s that gave my son a of a medication that I told them he was allergic to and he had a severe reaction?

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Is there any legal action I can take against the doctor’s that gave my son a of a medication that I told them he was allergic to and he had a severe reaction?

I took my son to the doctor about a week ago. The doctors diagnosed him with a double ear infection and gave him a penicillin shot even after I specifically told them that he was allergic to amoxicillin. Well two days later I brought him back cause he had a rash all over his body and they claimed it was scarlet fever even after a strep test was negative. The next day his face started swelling around his eyes and his forehead so I took him to his pediatrician who said that it was a severe allergic reaction to the penicillin shot they had given him. Can I take legal action since they gave him the shot even after I told them he was allergic to amoxicillin?

Asked on March 19, 2015 under Malpractice Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A malpractice lawsuit can be a very expensive one--you have to hire a medical expert, among other things, even to initiate the lawsuit. But all you can recover are (1) your out-of-pocket (not paid by insurance) medical expenses; (2) pain and suffering for conditions causing significant life impairment lasting weeks or longer; (3) other out-of-pocket losses or costs (like lost wages, from having to go to medical appointments). Unless the sum of these factors is several thousand dollars or more, it is most likely not worth the cost of a malpractice lawsuit.

You can report the physican to the medical licensing board in your state for this lapse, if you wish; they may take some action against the doctor.


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