Skip to main content

"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

Posted

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.

Mark as helpful

1 found this helpful

3 lawyers agree

2 comments

Asker

Posted

Thank you for your thoughtful and encouraging feedback. I have not recovered but the illness caused by the medication is still deeply affecting me. I cannot stand or sit for long periods of time, eat full meals, or sleep through the night without waking up and becoming sick. I am going back to this doctor who prescribed the medication tomorrow. Do you believe I should confront his mistakes or should I leave this alone?

Cameron Lee Hogan

Cameron Lee Hogan

Posted

You should tell him about the issue so your problems will be documented in his records.

Posted

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.

Mark as helpful

1 found this helpful

2 lawyers agree

Posted

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.

Mark as helpful

4 lawyers agree

1 comment

Cameron Lee Hogan

Cameron Lee Hogan

Posted

While this is true generally, and the main reason an action against the doctor would not be advisable, pharmacy cases like this in Alabama can be handled much cheaper and are worth pursuing in my experience.

Posted

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.

Mark as helpful

1 found this helpful

2 lawyers agree

1 comment

Asker

Posted

Thank you. I appreciate your comment and advice.

Posted

Have one of the above lawyers in your state investigate

Mark as helpful

1 found this helpful

4 lawyers agree

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics