What should I do if I took my son to the children’s hospital and I told the doctor he has an allergy to penicillin but he prescribed it anyway?

Get Legal Help Today

 Secured with SHA-256 Encryption

What should I do if I took my son to the children’s hospital and I told the doctor he has an allergy to penicillin but he prescribed it anyway?

The doctor prescribed him a medication with penicillin and my son had a reaction to the medicine. They have in his file and I told the doctor he has an allergy to penicillin.

Asked on January 18, 2012 under Malpractice Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you son suffered any lasting injury or detriment, or you incurred any siginificant additional medical costs, you could sue the doctor for malpractice--prescribing a medicine which a patient is allergic to, when the doctor has notice of the allergy would be malpractice. The problem is, the legal system only provides compensation for actual losses, injuries, or costs; if you son suffered a relatively brief allergic attack but no other complications, there is nothing to sue for, since you could recover far less than the cost of the lawsuit.

You could report the doctor to the state agency which licenses doctors.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption