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"Can I sue a doctor who prescribed a medication I am allergic to that caused me to be sick?"

Birmingham, AL |

I had wisdom teeth removed about a week ago. A doctor prescribed pain medication and an antibiotic. I am highly allergic to cephalosporins and he prescribed Cephalexin. I have been vomiting non stop for a week. I have not been able to sustain food and little liquids. I believe that I can sue the office and the pharmacy who filled the prescription. Both have records of my allergies and BOTH could have prevented my illness. It was extremely negligent to carelessly look over my medical records and miss an allergy that could have killed me had I continued taking it. I want to know if I can press charges or file a lawsuit.
Additional details: I took the antibiotics and realized my devastating error when I noticed the class of the drug. I had been taking the drug for three consecutive days

Attorney Answers 5

  1. Best answer

    You say your dentist was aware or should have been aware of your allergy. You also say the pharmacy is aware of your allergy. Even if for whatever reason the dentist missed the allergy, your pharmacy should has issued an alert and not filled the prescription without first talking to the dentist.
    Liability under these facts seems strong. The damage aspect of your case does not appear to be that strong. While I would not presume to minimize what you went through, it appears from your post that you are doing better now and have no residual effects from the drug. While this could have turned out much differently, it didn't. The law does not recognize what could have happened but what did happen. The cost of bringing such a claim without a permanent injury would likely not result in a meaningful economic recovery to you.
    You need to discuss the claim in detail with an attorney who handles professional negligence claims.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

  2. These cases can be complicated. The short answer is yes, you can sue both, but it may be smarter for a variety of reasons to stick with the pharmacist. I have handled several of these cases successfully and would be happy to set up a free consultation to discuss your case further.

    Alabama law requires that I inform you that no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

  3. I am not licensed in your state. However, even though you may technically have a claim because you indicate that the providers knew of your allergy- in the end if you recover and get back on your feet and have no permanent damages it is highly likely that you will spend more on experts than you can recover. Maybe now you should focus on your recovery and see how you do.

  4. Though you may be able to sue. Hopefully you will make a full and quick recovery and the case will not be worth pursuing. It is unfortunate that you had to go through this.

  5. Have one of the above lawyers in your state investigate

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