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I got stuck with an unknown needle back on July 20th 2017…

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I got stuck with an...
I got stuck with an unknown needle back on July 20th 2017 and the hospital put me antiviral medication. I ended up breaking out with terrible skin rashes, one turned into cellulitis and then turned into strep in my blood stream, and ever since I took that medication I have been sick since. And workmens comp will not return any of my calls or emails. And are denying all insurance claims. Is there anything I can do? My job knew that I was very sick on those meds and I have text messages proving from my boss to come back to work when I feel better and then a day or two later texted me and said I have to show up to work or I wouldn't have a job. So I had to quit because every time I was around the cleaning chemicals I woud break out into a rash that turned into scaring on my face. they never paid me my final check and nobody will speak to me. And no lawyer is wiling to take my case on. I am in significant amount of debt because of this. Is there anything that I can do? Also how often was I supposed to get tested for HIV/AIDS, Hepatitis C and liver functioning? Merck who is the maker of insentress clearly states on there website that if you have any of the following symptoms it means your having an allergic reaction, I asked the doctor why he left me on them and he just said back in Oct. lets just see what the results show. And by the way to this day they have never contacted me with my results.
Submitted: 4 months ago.Category: Legal
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Answered in 4 days by:
1/23/2018
Lawyer: legalgems, Lawyer replied 4 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,017
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 4 months ago

I am very sorry to hear this.

This is in the legal category so I assume the question is about medical malpractice.

If a patient is put on medication and the doctor fails to advise of the known side effects, and fails to properly monitor the patient, the patient may sue for medical malpractice which is based on the common law doctrine of negligence.

The elements the plaintiff must prove are as follows:

1. Duty of care: The defendant owed a legal duty of care to the plaintiff.

2. Breach of that duty: A violation of a law or duty.

3. Causation: The breach caused harm (damages) to the Plaintiff.

4. Plaintiff suffered harm- generally economic.

The court will typically allow the plaintiff to sue for "reasonably foreseable" and "proximately caused" economic damages

The plaintiff has a duty to mitigate damages so they must be reasonable damages and not excessive. Such damages may include pain and suffering, and even punitive damages designed to punish the wrongdoer.

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Lawyer: legalgems, Lawyer replied 4 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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