Is being injected 2 separate times at the same facility with a medication I’m allergic to, something I would want to take to court?

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Is being injected 2 separate times at the same facility with a medication I’m allergic to, something I would want to take to court?

I was wearing an allergy alert bracelet stating I was allergic to the medication. Also, before being injected I told the nurse that I’m allergic to X and showed her my bracelet and told her that better not be X, however it turned out to be. This medication gives me hives and restless leg syndrome. A a result of being given X, I suffered through the hives for a day and a half. I am still suffering from restless leg syndrome and am lucky to get 4 hours a quality sleep a night.

Asked on May 13, 2012 under Malpractice Law, Minnesota

Answers:

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

Answered 9 years ago | Contributor

It would be advisable to obtain your medical records from the medical facility where you were given the injection and go to a second doctor, who could write a report that your condition was caused by your allergic reaction.  When you complete your medical treatment and are released by the second doctor, obtain your medical bills from both the medical facility and the second doctor, medical report from the second doctor and documentation of any wage loss.

Medical malpractice is negligence.  Prior to filing a lawsuit for negligence against the first medical facility, it may be possible to settle the case with their insurance carrier.  The personal injury claim you file with the medical facility's malpractice insurance carrier should include your medical bills from both the facility and second doctor, medical reports from the second doctor and medical records from the facility and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  If the case is settled with the medical facility's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the medical facility's insurance carrier, reject the settlement offers and file your lawsuit for negligence against the medical facility.  If the case is NOT settled with the insurance carrier, you will need to file your lawsuit for negligence against the medical facility prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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