What should I do if I took my son to the children’s hospital and I told the doctor he has an allergy to penicillin but he prescribed it anyway?

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What should I do if I took my son to the children’s hospital and I told the doctor he has an allergy to penicillin but he prescribed it anyway?

The doctor prescribed him a medication with penicillin and my son had a reaction to the medicine. They have in his file and I told the doctor he has an allergy to penicillin.

Asked on January 18, 2012 under Malpractice Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you son suffered any lasting injury or detriment, or you incurred any siginificant additional medical costs, you could sue the doctor for malpractice--prescribing a medicine which a patient is allergic to, when the doctor has notice of the allergy would be malpractice. The problem is, the legal system only provides compensation for actual losses, injuries, or costs; if you son suffered a relatively brief allergic attack but no other complications, there is nothing to sue for, since you could recover far less than the cost of the lawsuit.

You could report the doctor to the state agency which licenses doctors.


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