Legal Question in Medical Malpractice in Indiana

I am really confused and concerned. I went to an urgent care clinic for severe eye pain and redness. During the initial intake I was asked if I had any allergies to medication. I replied that I did to penicillin,ceclor, sulfa and avelox. She asked me what avelox was, I replied that I wasnt really sure but I was definitely allergic to it. The doctor did an eye exam and concluded that I had a corneal ulcer and gave me a sample of vigamox eye drops. A few days later I went to my family doctor with a general unwell feeling, fullness in my ears, insomnia and fever. I later discovered that these were all signs of a vigamox allergy. I fell 4 days later and badly sprained my ankle. I discovered that vigamox causes tendon and ligament damage. I also fear that I have permanent vision loss. I learned after some research that Avelox and Vigamox are pretty much the same medication, and the Vigamox warning online specifically says that it is contraindicated in people with Avelox allergy. I am very upset that I have medical bills all stemming from a drug that I should have NEVER been prescribed in the first place! Do I have a case?


Asked on 2/03/11, 12:37 am

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

I am Cases require two elements: liability and damages. That drug is a fluoroquinolone which is a heavy duty antibiotic and there are many risks involved in their use. I am pretty familiar with that medication as I am presently handling two cases involving a related medication called Levaquin. If you had an alergy and that drug was prescribed it does sound like you have a liability situation. However, damages have to be signifcant as medical malpractice cases are very complicated and expensive. The sprained ankle would not qualify. However, if you have permanent vision loss, that my be a different situation. You should contact an attorney. You may also contact me if you wish. My contact information is in my profile.

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Answered on 2/03/11, 6:12 am


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