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Do i have a case?

I had an allergic reaction to medication today and a nurse at my family dr told me I should come into the office immediately. When I got there and signed in the receptionist told the dr that I was there and why and the dr refused to see to, even for evaluation of symptons. She told the reception to tell me to go to directly to the ER. I told the receptionist that I was told to come there and she (the dr)should at least evaluate me or look at me, my face was swollen and red and I had a bright red visible rash on my face, neck ears, back and chest and arms. I was concerned that I was having a reation to an anti biotic that she (my family dr) had given me. So once again the receptionish relayed my message to the dr then came back and said, "dr smith is not going to see you, she said you

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Attorney answers (1)

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I am sorry to hear about your experience, but I do not believe you have an actionable medical negligence case. Based on what you have shared, I presume that you were able to get from your family doctor's office to the emergency room, where you received appropriate treatment and were stabilized.

To have a medical malpractice case, you must show that the physician in question breached an accepted standard of care (which likely happened in this case), and that the physician's actions or inaction (again, which were probably inappropriate in this case) proximately caused harm or damages. I think the last prong is where you will run into a problem--if you received appropriate treatment from the emergency room and are now doing fine, the poor care that your family physician provided did not significantly injure you. If, on the other hand, you had suffered a severe complication, or sustained an injury or accident, after leaving the family doctor's office and before arriving at the emergency room, I believe you would have an actionable matter.

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