More details to this question:
My daughter was prescribed Kelflex at a Urgent Care facility, she is highly allergic to penicillin which we told them, this medication should never been prescribed and she had a allergic reaction. She broke out in clusters of hives, headache and dizziness. Our family dr had to prescribe antibiotics she can take and steroid's to get rid of allergic reaction
1 ANSWER
Any person may have an allergic reaction to any drug, so the mere fact of an allergic reaction does not give rise to a right to sue. However, when a health care provider is, or should be aware that a person is allergic to a particular drug, and administers it in the face of such actual or what the law calls constructive ("should have known") knowledge, the health care provider is likely negligent. If a claim is made against the health care provider, and the provider refuses to settle the claim, the financial wisdom of a lawsuit really depends upon the degree of the injury to the person who had the allergic reaction. Since Pennsylvania requires the party filing a malpractice claim to have the report of an expert in hand (and that requires the expert to be paid to review the records and write the report), unless the injuries are relatively significant, a lawsuit may not be worthwhile.
Answered on Nov 11th, 2013 at 3:44 PM