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chell

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Just before Christmas I went to the doctor because of a nasty sinus infection and the flu. The doctor gave me a medicine that I was allergic to. I keep beating myself up because I didn't realize it sooner. I read everything and saw exactly what was in there. It just did not register in my mind because I was so out of it from the flu. I was so out of it that one night I heard the train and seriously thought the track ran though my bed and was going to run over my husband. I guess the fever was really messing with me.

Once the allergic reaction started I called the doctor's office and told them what was happening. The told me to just take Benedryl and call them back if it didn't help. Well it didn't help as much as I wanted. So I called them back later that afternoon and they told me they would work me in. They make you pay your co-pay before you go back. I said that I didn't think I should have to pay for this visit since I was only back because she messed up and gave me something I'm allergic to. They didn't like that at all. Once in a room I heard the nurse telling the doctor that I had called that morning and what she had said over the phone. I could tell there was an attitude. The doctor comes in and only wants to talk about the loss of my voice. I told her that I was not concerned about that and the only reason I was there was because of my allergic reaction. I told her about my hives and showed them to her and I also told her about the tightness in my throat. She said to just keep taking Benedryl. She didn't offer Prednisone or anything else. Then she made a smart comment that they can't file my insurance unless I pay the co-pay. I told her that I didn't think my insurance company should pay for my visit either since I was only there because she screwed up.

Two days later I went to the urgent care and they immediately took me back after telling them about my throat and within minutes they gave me a shot of Prednisone. They also gave me a prescription for Prednisone and something a little stronger than Benedryl.

This week I received a bill from her - which I refuse to pay.

I have decided to go ahead with a lawsuit against her. But I don't know what steps I need to take.

Right now about 1/3 of my body is covered with hives and whelps. I can't take it anymore. I don't know if it is still an allergic reaction to the medicine or if it set off something else in my body. In reality the medicine should be out of my body, but my body is always an exception.

Has anyone else been in a similar experience? Any advice?
 
Honestly, the only advice I can give is that the lawyer will know all of the things that you asked.
 
Thanks Becki. I'd just like to know what to expect.
 
Before you talk to a lawyer, you may want to talk to your insurance company and see if they can resolve this for you. Also, if you do intend to file suit, write down everything you can remember about the incident, for future reference.
 

I don't understand why you want to sue your doctor. Is it because you don't want to pay the bill? If you don't like their attitude, just get a new doctor.
 
Was your allergy in your medical records with that doctor?
 
I can't really understand why you think you have a case either. If you don't know what you're allergic to, what makes you think she will? Or are you upset that she didn't give you the Prednisone? If you still have the hives it's obviously not working either, so maybe she was right to not give that you.
 
Wow, I am also one of those hmo horror stories. I am also allergic to lots of meds. Long story short, dr. #1, did a surgical procedure and messed it up, I got an infection and almost died because he refused to see me, just kept saying take the pain pills I gave you, dh begged him to see me in the er, he did and decided not even to take me to the operating room, but just put a knife in my stomach and ripped open his prior surgery, no pain meds or nothing, then I went to dr. #2, who was the head of the medical board of another local hosp. I told him about dr. #1, I had to have more surgery and no thanks to dr ****up I have a nice giant piece of plastic holding my intestines inside my abdominal wall. This nightmare all started with a little tiny outie bellybutton after I had ds 3. Too many kids - 3 kids in 4 years. Worse I find out that another lady who works at hosp. #1 where I was taking little ds for speech told me she had the same dr. and also he*****ed her up too. She went to another dr. in another county for the 2nd operation. She was definetely suing dr. #1 and asked me to join her lawsuit. I really didnt want to get into that since I also had to just deal with almost dying myself and in the meantime my mom dropped dead, I had to inherit my 91 year old grandma and have her live with me and worry about taking little ds to speech etc. THe other lady told me it is very hard to get a medical expert to testify because all the drs. stick together and one will not rat out another one etc., its some unwritten code they have. Even with me dr. #2 said he would get dr. #1 surgical records on me from the hosp. Worse yet, I saw dr. #1 was voted on of the top drs. in that hosp. from one year. I saw him in a restraunt once and thought I would be sick again just from looking at him. Oh, did I forget to mention he gave dh some scissors and instruments and he was suppose to change my stomach packing every day. The dr. also made a comment when I asked him for some stronger pain med. I said I was getting tired of having my kids hearing me scream, not frightening them and turning on the shower etc to drown out my screaming in pain. It was a nightmare and I am glad I survived. I had a lot of people praying for me and I know God heard them because I am still here today to tell about it. Good luck. Do what you think is right, Just make sure you have all your documentation etc.
 
It's not about the bill. I don't care at all about the bill. I don't want anything out of this except for her to do a better job. I just want to make sure this does not happen to anyone else. I know I'm not the first but I would like to be the last.

I will not be going back to her. I'm not an idiot, I know I need a new doctor and I have an appointment with one.

kpgclark - Would you not be upset if your doctor gave you something they KNEW you could not have? Especially if you suffered from it for more than a month?

I was having trouble breathing when I went to her office and she didn't try to treat it. I was under the impression that a doctor should try to help you when you have problems with your throat closing.
 
See an attorney. Write down all that happened. Everything is fresh in your mind now, but alot of time may pass and details will need to be correct. Write who you saw, what they said, medications, dosages. Also note anyone else that was privy to what happened...nurses, receptionists.

These are not easy cases. I came close to filing one a few years ago. Though no one can tell if you'd win or not, Iwas told told I had an excellent case.

Good luck with your decision.
 
Originally posted by gymnasticsmom68
I can't really understand why you think you have a case either. If you don't know what you're allergic to, what makes you think she will? Or are you upset that she didn't give you the Prednisone? If you still have the hives it's obviously not working either, so maybe she was right to not give that you.

I never said that she didn't know what I was allergic to. She knows, it is in my charts. I tell them again every single time I go in.

No, I'm not upset that she didn't give me the Prednisone. I'm upset that she didn't try to treat me for the reaction. It's not just a mild reaction that I was having.

The Prednisone did help. It's just that with all the other problems I have my body can't seem to get over it.
 
I have a patient who has an allergy to shellfish (newly discovered). She was given prednisone dose pack which helped, but it still took about 2 weeks for the hives to completely resolve. She has allergies to many other things as well.
I hope you are better soon.

Cathy
 
I am so sorry to hear that all of this has happened to you. Does your pharmacy have a record of your allergies? My pharmacist has a record of all of our allergies. They even caught to strong a dosage on one prescription and called the doctor to rectify it. I can definitely understand why you are upset with your doctor. You most certainly (in my opinion) did not receive a quality level of care. Go to your local medical board and talk to them too.
 
Thanks for the support.

The pharmacy somehow missed it as well.
 
I just didn't understand from your message what you were upset about. Are you allergic to a certain class of drugs of which she prescribed one (eg sulfa-based)? Are you more upset that she prescribed the wrong medication or that you weren't treated for the reaction?
 
Originally posted by kpgclark
I just didn't understand from your message what you were upset about. Are you allergic to a certain class of drugs of which she prescribed one (eg sulfa-based)? Are you more upset that she prescribed the wrong medication or that you weren't treated for the reaction?

I'm upset because she prescribed the wrong medication and because she would not treat the reaction and how she has done this to others.

I'm allergic to sulfa, pcn, anything cultured in eggs as well as a few other meds.
 
I'm sorry you went through something so uncomfortable, but it doesn't seem like you can prove any real monetary damages, nor enough pain and suffering to warrant a lawsuit.

I understand that what the doctor did was wrong and irresponsible, but malpractice suits are killing the medical industy in this country. I'm not sure I'd want to add to that, myself.
 
Originally posted by CheshireVal
I'm sorry you went through something so uncomfortable, but it doesn't seem like you can prove any real monetary damages, nor enough pain and suffering to warrant a lawsuit.

I understand that what the doctor did was wrong and irresponsible, but malpractice suits are killing the medical industy in this country. I'm not sure I'd want to add to that, myself.

This is the kind of stuff that makes me laugh. You don't know what type of pain and suffering I've been through. I didn't tell every single detail here and I don't feel the need to.

All I wanted was some advice as to what steps I need to take because I know there are so many people here on the DIS that always offer such wonderful advice.

I did state in another post that I was not looking to get any money out of this. I just don't want it to happen to anyone else.

Basically, if the reaction would have been any worse, I would have died because my allergy is that severe. If I was dead would it be okay for my family to sue then?
 
I would photograph your hives if you plan to file suit. Have your attorney contact the urgent care clinic as well. I really don't have much advice other than that. I'm sorry the doctor didn't treat you accordingly :(. I would think you need to take the first step regarding the bill though or she will just report it to a credit agency and then you will have even more problems.
 
All I wanted was some advice as to what steps I need to take because I know there are so many people here on the DIS that always offer such wonderful advice.

Exactly - it's not like you asked whether it was right or wrong (it's nobody else's business) or to provide opinions on the extent of your pain and suffering. So to get to the point of what you asked, you should (1) document every detail; step-by-step on what happened in chronological order, (2) talk to your insurance carrier about what happened, and (3) talk to a lawyer about your case - providing every detail you can - names, places, exact events as they happened. You also should request a complete copy of your medical file (you may be charged a copying fee - usually $10-$30). Just like a previous post'r mentioned, the longer you wait, the more faded your memory becomes on details. Good luck to you. It'll be a tough road - just be prepared for a fight.
 
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