Law-Forums.org

[wahchintonka48]

I went to a dermatologist for bags and dark circles around my eyes. She sold me an OTC cream called A.N.D. Skin Care Detoxyl and I've been using it for a while. Lately, I notice skin burns aroud my eyes. It is very painful and hurts to close my eyes. My eyelids started to peel and puffy red bags are on the sides and under my eyes. Needless to say, I had an allergic reaction to the cream. I read the ingredients and I noticed it included strawberry fruit extract, WHICH I AM ALLERGIC TO! I know for a fact I indicated that I am allergic to Penicillin, Cleocin, Strawberry and Orange Extract on the medical forms I filled out at the office. Should I get a lawyer and sue the doctor? If so, what do I sue for? Please advise.

Thank you.

[jen]

As the harm could have been much greater due to your allergy to strawberries of which you can establish the doctor's culpability not only for prescribing but SELLING you the harmful product in question, you should consult a malpractice attorney concerning the good possibility of a lawsuit. You were indeed harmed, and it could have been much worse. There seems to be no negative information about A.N.D. Skin Care products, but the doctor should have known better.

[shadrach]

I HAVE suffered damages, like I stated it hurts to close my eyes and my skin was scorched from the cream. I have been using the product for a while (no more than 2 months) but only recently started seeing visible damages. I stopped using the cream immediately after seeing the damage done to my face.

[bearchan]

Why didn't you read the ******* ingrediants before you consumed it??

Most people, if they have as many allergies as you, would have checked what the pills contain.

You will fail yor case badly and then have to pay damages to the doctor.

[broehain61]

If you're so allergic to strawberries, why didn't you read the ingredients? What happened to being an adult.

You have no damages other than the damage done to your brain when your mother huffed leaded gasoline while pregnant with you. You have no malpractice suit and may God have mercy on your soul.

[montrel68]

You're allergic to strawberries though didn't bother to check the warning on the side of the box about ingrediants?

Wow.

You can't sue if the medicine and such contains a list of the ingrediants.

Let me guess............You're in California.

[oakley]

It is YOUR responsibility to read the ingredients. You failed to do so, so YOU are responsible for your supposed injuries.

[danil70]

no, you've suffered no damages.

[werner72]

I think you and the Doctor are in the same position as it relates to negligence. He knew on the form and you knew, the ingredients are listed for just this type of event so you can read them and not use the product. Med Mal requires the Doctor in his diagnosis or treatment to fall below the standard of care in the medical community. This is determined not by us, but by another doctor who is hired to review the facts. In FL we also have the concept of comparative negligence when you look at a case like this you ask could Plaintiff avoid this, here yes, could doctor, yes also, but you stand in the exact same shoes. Lastly, damages for med mal to engage a legal professional you need to have very significant losses before lawyers will usually get involved. State legislatures have significantly reduced what cases are viable for trial due to economics of prosecuting them. Tort reform means you might not have the same access to courts in this instance as you might of had a few years ago (at least in FL) I am only the messenger, but as always for important legal questions consult a lawyer in your state, this answer is for entertainment purposes only.

[thom]

You don't have a basis for a lawsuit.

When a doctor prescribes something you are allergic to, you stop taking it/using it. In this situation, it was not reasonable for you to expect that the doctor would have memorized all of the ingredients in a cream she/he prescribed.

Every person has an obligation to be his/her own advocate. When you have allergies, you have an obligation to read the ingredients BEFORE using a new product.

Here, you indicate you have been using the product "for a while." Did you call the doctor about the problems? If you continued to use the cream after experiencing problems around your eyes, then this was a very poor decision. You failed to act with due diligence.

Additionally, what are your damages? Did you have to go to an E.R.? Do you have any out of pocket expenses at all?

Even if it was an act of malpractice for the doctor to prescribe the cream (which I don't see), you would still have to prove your damages. The doctor could literally prescribe you penicillin and this would not be an actionable malpractice claim because you would have no damages by virtue of obtaining a prescription.