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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31015
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My 17 yr old son was given an allergy shot at s allergist by

Customer Question

My 17 yr old son was given an allergy shot at his allergist by himself and was allowed to leave before the allotted 20 minute time limit. When he left he went into shock and flatlined. Lucky he was resesitated and brought back but was in intensive care for several days. I feel they are responsible for atleast the hospital bills due after insurance.
Submitted: 6 months ago.
Category: Family Law
Expert:  Roger replied 6 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 6 months ago.

In situations like this, the standard for liability is whether the medical providers fell below the applicable standard of care -- which is what a reasonable medical provider would have done in the same situation as your son's providers......if there is proof that the medical providers/doctors were negligent or fell below the standard of care, then there would be liability.

Expert:  Roger replied 6 months ago.

In order to prove this, you would likely have to sue the hospital/doctor/medical providers and have an expert witness testify that the medical providers fell below the applicable standard of care.

Customer: replied 6 months ago.
He is a minor shouldn't he have not been treated by himself. He lives with his mother shouldn't they have had her there also.
Expert:  Roger replied 6 months ago.

It's possible.....depending on whether a parent brought the child to get medical assistance, whether there was permission granted, whether it was an emergency, etc......but that's something that a medical expert would have to provide you an opinion on.

Customer: replied 6 months ago.
He drove himself there then they let him leave immediately after getting the shot. Only reason he's alive is because he was smart enough to turn around and go back. Otherwise he would be dead.
Expert:  Roger replied 6 months ago.

There certainly could be negligence involved in treating him for for an non-emergency situation without parental consent...but the bigger issue is that he wasn't properly treated.