What are our daughter’s rights if she suffered an adverse rection to a prescribed medication?

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What are our daughter’s rights if she suffered an adverse rection to a prescribed medication?

She went to her life long doctor who is a pediatrician. She had a reaction to sulfa drugs as an infant breaking out in hives over her entire body. The doctor prescribed a medication that is a SULFA drug even though it is in her records; she had the same reaction as when she was an infant. We called the hospital ER. They contacted the doctor who calls us. The doctor goes into panic mode and tells us to bring her to her home to take a look at her.She calls in a prescription to Walgreens which is open 24 hours, for steroids and 3 other meds. We drive 75 miles round trip at 9:00 at night, getting home at 10:30. My daughter had a miserable night as well as my wife and I. She is 18, a full-time student and lives at home. Do we have grounds for a lawsuit?

Asked on April 28, 2013 under Malpractice Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you and your daughter consult with a medical malpractice doctor to see if there is facts to warrant a medical malpractice action where thye treating physician fell below the standard of care in his or her community. The opinion of another physician will be needed as well. Based upon what you have written, your daughter's claim could be resolved in small claims court since her injuries do not seem that egregious.


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