What to do dif I got a severe allergic reaction from a medicine the doctor prescribed under a different name when he knewI had an allergy?

UPDATED: Dec 22, 2011

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What to do dif I got a severe allergic reaction from a medicine the doctor prescribed under a different name when he knewI had an allergy?

I been seeing my doctor for about a year. I have a severe yeast infection and I am allergic to Diflucan medicine..This is the only medicine I am ever allergic to and I had told the doctor that through out my case of candida (yeast ) infection. The doctor had asked me what happened when I take Diflucan and I explained that I get covered in rashes, extreme rashes, so we decided to resort to Monistat cremes. It is not as if though I been seeing the doctor for a month; he knows my entire history. Now he says that he had no clue that I have allergy.

Asked on December 22, 2011 under Malpractice Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What you describe may be malpractice, or medical practice that does not meet accepted standards of care: the doctor should have known that this medicine would affect you adversely.

However, it still  may not be worth suing, if you neither incurred significant medical costs arising from the allergy nor suffered any lasting effect. The reason is, malpractice suits can be among the most expensive ones to pursue--you need medical expert testimony, for example, and medical experts are not cheap--but you can only recover an amount of money comensurate with your injury and costs; therefore, if you suffered little injury or costs, you could easily spend more on the lawsuit than you'd be able to recover.

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.

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