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When You Suffer Allergic Reactions due to Medication, can You Sue for Malpractice?

Jan 18, 2016 | Medical Malpractice

Your body may react to certain types of medication, and release chemicals to counter the hypersensitive physical condition. This situation is commonly known as an "allergic reaction" to medicines. Thousands of people in New York State suffer from food allergy, dust allergy, pollen allergy, and also medicine allergy.

The allergic symptoms typically surface as skin rashes, watery eyes, sneezes, or coughs and in extreme cases, a state of shock. In case of allergy induced by a medicine, it may be possible for you to pursue a case of medical negligence by the physician.

Although it is a patient’s responsibility in New York to inform the physician of known medicine allergies, in many cases, the patient may not even be aware that he or she is allergic to certain types of medication like penicillin or sulphur tablets.

If the known allergies have been disclosed to the doctors and nurses through the medical records, then it is certainly the NY doctor’s primary responsibility to ensure that allergy inducing medicines are not prescribed to the patient. In such a case, if the doctor prescribes any such drug that causes serious damage to the patient, the patient certainly has the legal right to pursue a malpractice case.

The impact of allergic reactions on a patient’s health

The patients, who are allergic to strong medicines such as penicillin, sulfur drugs, or tetracycline, will generally experience the following symptoms when any of these drugs are administered:

· Breathlessness

· Rapid heartbeat

· Drop in BP

· Dizziness

· Skin rashes

· Swelling of organs

· Diarrhea

· Nausea and vomiting

In extreme cases, life-threatening conditions can occur.

The doctor’s liability in drug malpractice in New York

For prescribing medicines that are recorded as allergy inducing substances in a patient’s medical records, a doctor in New York can be sued for medical negligence. When the patient suffers incredible damages due to the prescribed medication, the doctor can be held for medical malpractice.

The following cases of drug malpractice can happen:

  • A patient has been administered a medicine recorded as a known allergic medicine in the patient history.
  • A patient is administered a medicine that is known to have negative impact on another drug that the patient is currently taking.
  • A patient is administered a high dose of a medicine that the patient cannot withstand and breaks into an allergic reaction.

How can a drug malpractice lawsuit in New York help the patient?

When you suffer serious health problems due to a known allergic medicine, you should contact a medical malpractice law firm in New York, and prepare to file a drug malpractice case against the physician or doctor who prescribed the harmful medicine to you in spite of knowing its harmful effect on you. As studying and examining a patient’s medical history is every doctor’s primary responsibility, a harmful drug prescribed by a doctor in New York can certainly result in a strong medical malpractice case against the doctor.

When you have suffered due to known harmful drugs prescribed by a physician in New York, contact the medical malpractice attorneys at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280 for a free consultation.