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Allergic reaction

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tdorsett

Guest
What is the name of your state? Florida

I was recently given a prescription for hydrochlorthiazide for high blood pressure. Unfortunately I am alerrgic to sulfa. The night after I took it I had extreme drowsiness and a headache. The next day I had a horrible headache and what I would call heart palpitations.

Both the doctor and the pharmacy screwed up. The pharmacy admitted that my record was flagged as allergic to sulfa yet they gave it to me anyway.

Do they have any liability for their careless mistake?
 


rmet4nzkx

Senior Member
tdorsett said:
What is the name of your state? Florida

I was recently given a prescription for hydrochlorthiazide for high blood pressure. Unfortunately I am alerrgic to sulfa. The night after I took it I had extreme drowsiness and a headache. The next day I had a horrible headache and what I would call heart palpitations.

Both the doctor and the pharmacy screwed up. The pharmacy admitted that my record was flagged as allergic to sulfa yet they gave it to me anyway.

Do they have any liability for their careless mistake?
Yes they have liability however do you have damages?

Having a Sulfa allergy means that you may potentially react to approximately 60% of Rx on the market, over time, you may react to things that you didn't react to before, it is a complex issue. ADR's can be lifethreatening. On the practical side, you know you are allergic and you need to ask questions everytime you have a new Rx, OTC etc. relying on someone else may ease your mind because they have liability but what if you should die or suffer injury? So you have to be proactive.

There are ways to treat hypertension without Rx and you might do well to ask your doctor to refer you to a dietician to look at your diet, evaluate your fitness and exercise programs, possibly look into relaxiation, all these contribute to health and wellness especially when you have an allergy that limites what Rx you may safely take. Also it is important to monitor your blood pressure at home during treatment because hypotension is a side effect of many Rx for hypertension but it is also a means to track the effictiveness of treatment.
 
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tdorsett

Guest
I agree with all of your points. What really got me going was the pharmicist's attitude when I told them about the mistake. A simple apology or free replacement prescription would have been nice. As far as damages, nothing except the symptoms I mentioned...nothing permanent or lasting.
 
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RandallFabiano

Guest
Jesus Christ!!!! Dont Listen To These Nuts!

First off, a pharmacist is not negligent for dispensing prescriptions with a valid authority from the doctor, regardless of the flag. I mean at best you would have a case for something called "contributory or vicarious liability" Sure It sounds like they really screwed up, but it goes back to Caveat emptor "let the buyer beware.... I would go into the case law, but this is not necessary. Second, the doctor is liable only to an extent that his negligence caused "proximate damages". Florida has insurance caps... So you really need to contact a lawyer, if no lawyer is willing to take your case... Its gonna cost a great deal to pursue this case. Contingency is not an option here... But thats just an opinion...
 

rmet4nzkx

Senior Member
tdorsett said:
I agree with all of your points. What really got me going was the pharmicist's attitude when I told them about the mistake. A simple apology or free replacement prescription would have been nice. As far as damages, nothing except the symptoms I mentioned...nothing permanent or lasting.
He may have been afraid that you were going to sue him and that might be an admission of guilt. Most have computerized tracking systems for ADR warnings but no system is fail safe for this issue, so you have to be proactive, so look at this as a lesson, for everyone and an opportunity to keep it from happening to someone else.

If this is a large chain Pharmacy, ask for their coperate number and ask to speak to quality control and explain what happened so they can investigate their warning systems and ask for at least a refund for the Rx and replacement if any, they may be willing to do more, but at least it won't be a situation where attitude should be a problem. This is a reasonable way to accomplish this, if that doesn't work, then there are other avenues for complaint, but this is where I would start.

Please ignore this other poster, Randall, he is having some problems here.

I am not an attorney but work in the field of forensics, have extensive training in pharmacology and have nearly died from Sulfa ADR's so I know what I am talking about.
 

I AM ALWAYS LIABLE

Senior Member
RandallFabiano said:
First off, a pharmacist is not negligent for dispensing prescriptions with a valid authority from the doctor, regardless of the flag. I mean at best you would have a case for something called "contributory or vicarious liability" Sure It sounds like they really screwed up, but it goes back to Caveat emptor "let the buyer beware.... I would go into the case law, but this is not necessary. Second, the doctor is liable only to an extent that his negligence caused "proximate damages". Florida has insurance caps... So you really need to contact a lawyer, if no lawyer is willing to take your case... Its gonna cost a great deal to pursue this case. Contingency is not an option here... But thats just an opinion...

My response:

Hey Mr. "Top of His Class" Randall Fabiano - I've never heard of "proximate damages" before. I've heard of "proximate result" and "proximate cause", but never "proximate damages". Please enlighten me.

Also, please inform me how "caveat emptor" has ANYTHING to do with a patient receiving the wrong prescription. Perhaps our writer should have taken her medication to a lab for analysis before taking them. Is that your theory?

"Contributory or vicarious liability". Hmmm. I don't even know how to address that one! One has nothing to do with the other, and I can't quite figure out what either has to do with this scenario. Please enlighten me.

I have to tell you, you're a glaring reason why I refuse to hire any more Pepperdine Law students or graduates.

IAAL
 
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RandallFabiano

Guest
Forensics! No wonder its Henry Lee

HA HA HA... Forensic Scientist, Yes please take legal advice from a Forensic Scientist... Look henry lee just tell me about blood splatters, not the law...
 

rmet4nzkx

Senior Member
RandallFabiano said:
HA HA HA... Forensic Scientist, Yes please take legal advice from a Forensic Scientist... Look henry lee just tell me about blood splatters, not the law...
Look Randy,
Just what does the word, "FORENSICS" mean, as top of your class at law school you should know that and not what you see on TV!

Forensics

Forensics or forensic science is the application of science to questions which are of interest to the legal system. For example, forensic pathology is the study of the human body to determine cause and manner of death. Criminalistics is the application of various sciences to answer questions relating to examination and comparison of biological evidence, trace evidence, impression evidence, drugs and firearms. Forensic odontology is the study of the uniqueness of dentition, and forensic toxicology is the study of drugs and poisons, and their effects on the human body.

Please change your "Depends"!
:eek:
 
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RandallFabiano

Guest
Jesus... Okay Proximate damages...

Jesus I know its not in your dictionary but why dont you check into a case... Or do your paralegals do all the reading... Proximate cause

Proximate Cause
Proximate cause means legal cause for purposes of assigning liability. Sometimes a defendant's action may be too remotely related to the plaintiff's injury to be considered a proximate cause. For example, in a famous 1928 New York case, a railroad employee helped a passenger onto a moving train by pushing him from behind. In the process, a package the passenger was carrying, wrapped in newspaper and containing fireworks, dislodged, fell, and exploded. The force of the explosion knocked down some scales at the far end of the train platform, a considerable distance away, injuring the plaintiff. The plaintiff sued the railroad company for damages. The court ruled that because the railroad employee could not foresee the complicated and unlikely sequence of events that led to the plaintiff's injury, the employee's action was not the proximate cause of the plaintiff's injury. In other words, although the railroad employee's action "caused" the plaintiff's injury in a technical sense, the line of causation was too remote to hold the railroad company liable.

Oh and damages
Damages
Damages must be proven in a negligence lawsuit; otherwise, the lawsuit will be dismissed. That is, even if the plaintiff proves negligence, he or she must have suffered some injury for which compensation is requested, in order to have a complete lawsuit. A plaintiff who successfully proves the defendant's negligence is entitled to compensatory (actual) damages. In addition, if the plaintiff proves the defendant acted in a grossly negligent manner, the plaintiff may, in some cases, be able to recover punitive damages.

The outcome of lawsuits alleging negligence can be difficult to predict because the reasonable person standard is vague, imprecise, and apt to be interpreted differently by different people. Applying the reasonable person standard to a particular set of facts is a subjective process. Finding an attorney with experience in negligence cases and skill in arguing the reasonable person standard to a judge or jury is the key to a successful lawsuit.

I see how they are different... But not really... Proximate damages meaning damages caused byt the actions of another... Ask Sandra Day O'Conner she says it all the time... Does that make her stupid, after all she did go to Stanford just like you...
 
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RandallFabiano

Guest
Forensics

Fickle
Old
Retarded
Engineer
Never
Stayed
In
College
FORENSIC
 

I AM ALWAYS LIABLE

Senior Member
My response:

Oh, boy. I asked you a specific question about a specific phrase, and you failed to answer to THAT phrase; i.e., Your use of "proximate damages".

Further, you failed to answer my other questions.

Please, don't knock at my office door. I wouldn't want to be rude by kicking your butt out of my foyer.

IAAL
 
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RandallFabiano

Guest
New disclaimer

IIAL's New DISCLAIMER

By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice.( No really!) Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship ( Because i am not an attorney and it would be fraud to say so), nor does it constitute legal advice to any person reviewing such information( Can we spell legal mal-practice). No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship ( Because I am not a lawyer if I was I would have to tell you my ama bar number), nor will it be considered an attorney-client privileged communication ( Its the internet forum you numbskull). You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."
 

rmet4nzkx

Senior Member
RandallFabiano said:
Fickle
Old YOUNG & VIGEROUS WITH RED HAIR!
Retarded IQ WELL INTO THE SUPERIOR RANGE, THAT IS GENUS TO YOU!
Engineer ADVANCED DEGREES & TRAINING IN FORENSICS, PSYCHOLOGY, NEUROSCIENCE........
Never
Stayed
In
College CAN'T GET ADVANCED DEGREES WITHOUT STAYING IN COLLEGE
FORENSIC
Randy you are wrong on all accounts, butt :D I'll give you one thing, you are a fast typist!

You might get a job as a typist somewhere, but never in a law firm please! :eek:
 

ellencee

Senior Member
tdorsett
You may or may not have any reason to be upset. If the Rx was filled at your regular pharmacy where you have a medication and allergy profile, then the pharmacist most certainly did have a professional duty to profile your prescription and warn you about possible allergic reactions and had a duty to call the MD and verify the prescription in light of the sulfa drug allergy. If it was not your regular pharmacy, the pharmacist had a duty to ascertain your allergies and call the MD if any drug interaction or allergy contraindication potentially exist.

Being allergic to sulfa drugs does not necessarily mean that one will have an allergic reaction or adverse reaction to HCTZ. My daughter is violently allergic to sulfa drugs but takes HCTZ prn and suffers no interaction problem.

EC
 

ellencee

Senior Member
RM
I'm of the opinion that dear Randall is a high school senior, possibly on the debate team and possibly in the 'law' club for future lawyers.

Surely, his school will start soon and he'll be busy chasing high school sweethearts--you know, I'll bet the sweeties at his high school are undefeated track champions!

EC
 
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