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Had an unusual and very serious reaction to two OTC drugs a dr. told me to take that resulted in ER visit and PTSD. Can I sue?

Goshen, IN |

I had a severe respiratory illness while my dr. was on vacation and I saw a covering dr. He prescribed an antibiotic and an OTC cough med and Benedryl. The two OTC meds caused an awful reaction that the ER doc likened to a heroine overdose. I was told I may have died if I hadn't gotten to the ER. I have had PTSD symptoms as a result of my near death experience. It has been a full year and I still have PTSD. Also of note, the pharmacist also ok'ed the meds and when we consulted him at the onset of the reaction, he told us to wait it out and it would pass in an hour or two - which might have been deadly had we heeded his advice. The PTSD has caused sleeping disorders which have affected every area of my life.

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Attorney answers 4

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The issue is whether the fill in doctor violated the standard of care in prescribing these meds to you under the circumstances. The records will need to be reviewed and medical research performed concerning the protocol for someone presenting with your symptoms. You should promptly obtain all of your medical records and contact a malpractice attorney.

Mr. Padove is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below. (219) 836 2200


If an individual suffered an allergic reaction after being administered a medication that he had knowledge of being allergic to, a medical negligence case can possibly be pursued. The only way to know if there was malpractice is to retain a local med mal lawyer who can order the medical records and send them to an expert to review to ascertain whether there was a breach of the standard of care.

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Your records will have to be reviewed by a malpractice attorney to see if there has been a violation of the standard of care. Contact a local malpractice attorney at once for a consultation.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


You need to consult with a local medical malpractice attorney.



Hi, again and thank you for all your guys advice. But i tqlked with an attorny and she said i couldn't sue because of lack of physical damage. She said that ptsd is not enough to go on there has to be actual hard proof of physical damage. Do you guy's agree or not ?.

Kevin Coluccio

Kevin Coluccio


I would defer to an attorney in Indiana. Consult with another attorney in your community.

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