What are my rights if a doctor prescribed a drug that I am allergic to?

UPDATED: Sep 29, 2013

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 29, 2013Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights if a doctor prescribed a drug that I am allergic to?

I went to a Urology doctor recommended by my actual doctor. He did lots of tests and prescribed me antibiotics. I’ve been taking them for a few days and got extremely sick. I would wake up barely able to breath, would have a hard time getting to sleep because I could barely breath, and I am constantly coughing. I just read one of my prescriptions and it is Sulfamethoxazole. I am allergic to Sulfa drugs and it is stated on my patient forum in the allergy section. I thought I was having a chest cold because the last thing I thought is my doctor prescribed me something I’m allergic to. I have been prescribed medicine that said “Sulfa” in the name but didn’t contain the actual Sulfa drug.

Asked on September 29, 2013 under Malpractice Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Prescribing a drug to which a patient is allergic, when that allergy is indicated on the patient's paperwork, is likely malpractice. However, it may not be worthwhile taking action. You can only recover an amount commensurate with your additional medical costs (i.e. medical costs you incurred only because of the wrong prescription), lost wages, if any, and pain and suffering for long lasting (several months) diminution of basic life functions or disability. Meanwhile, to bring a medical malpractice case, you need a medical expert witness, which is not cheap. From what you write, it is very likely that you'd spend more on the case than you could 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption