Yes, you may be eligible to sue and pursue a malpractice lawsuit if you or a loved one has experienced a serious adverse effect from the drug "Phenergan" (Promethazine) prescribed by a medical professional. Phenergan is primarily used to treat allergy symptoms such as itching, runny nose, sneezing, itchy or watery eyes, and more. It also prevents motion sickness and treats nausea, vomiting, or pain after surgery.
Suing for side effects from Phenergan is a complicated process because it's a well-known fact that almost all drugs have side effects. However, this is where the question of negligence comes in. Your doctor or other health professional attending to your health has a duty of care to warn you of its side effects.
Has Taking Phenergan Led to Unexpected Health Problems?
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Phenergan Side Effects
Taking Phenergan, known generically as Promethazine, can cause side effects that may require medical attention depending on how severe it is to a patient's health.
| Major Side Effects | Minor Side Effects |
| - Allergic reactions - Central nervous system depression—slow or shallow breathing, shortness of breath, etc. - High fever, stiff muscles, increased sweating, fast or irregular heartbeat, and confusion - Infection - Liver injury - Seizures - Eye pain or change in vision - Trouble passing urine - Uncontrolled and repetitive body movements | - Confusion - Constipation - Dizziness - Drowsiness - Dry mouth - Sensitivity to light - Vivid dreams or nightmares |
If you experience any severe side effects that affect your health, you must talk to your physician immediately. They’ll guide you with necessary steps to alleviate the effects. Minor side effects should also be brought to your doctor's attention to prevent them from progressing.
When Do Doctors Become Liable for Negligence Prescribing Phenergan?
When doctors fail to meet the standard of care expected in their profession, such as informing patients of the side effects of a medication like Phenergan, they can become liable for negligence. Here are a few examples:
A. Failure to obtain a proper medical history
A medical history can reveal diagnosed medical conditions, past medical conditions, and potential future health risks for the patient. Neglecting to obtain or perform a complete medical history can have serious consequences.
For instance, failing to document a patient's allergy to Phenergan could lead to its inadvertent administration, potentially causing a severe allergic reaction such as skin rash, itching, hives, and swelling of the face.
B. Dosage errors and inappropriate prescribing
Adults may take 25 mg of Phenergan (Promethazine) by mouth every 4 to 6 hours, depending on their condition. If someone takes it without proper dosage or was improperly prescribed, they may become overly drowsy. This is dangerous especially if the individual is engaged in activities where they are required to be alert, such as driving.
Phenergan is also not recommended for use in children under 2 years of age due to the potential risk of causing serious breathing problems in young ones.
C. Failure to obtain informed consent
Medical professionals in New York may be held accountable if they fail to uphold patient rights, as outlined by the NYS Department of Health, before or after prescribing Phenergan. Such rights include as follows:
- Receive complete information about your diagnosis, treatment, and prognosis.
- Receive all the information that you need to give informed consent for any proposed procedure or treatment.
- Refuse treatment and be told what effect this may have on your health.
Breach of these rights may constitute grounds for a medical malpractice claim. If you believe your rights have been violated, it's advisable to consult with a qualified medical malpractice attorney to evaluate your case and explore potential legal options.
How to Establish a Medical Malpractice Claim
Aside from the negligence that your medical professionals have committed by inappropriately prescribing Phenergan and causing you harm, your attorney must first establish these key elements to hold them accountable for their errors:
| 1. Duty of Care – Was there an appropriate doctor-patient relationship? |
| 2. Breach of Duty – Did your doctor fail to uphold their legally sworn responsibilities? |
| 3. Causation – Did your doctor’s mistakes directly cause you suffering/injury? |
| 4. Damages – What did these mistakes cost you (medically, financially, emotionally, etc.)? |
After identifying and establishing these elements, then one can file for a medical malpractice lawsuit. However, proving these elements is not an easy task. It's advisable to hire a skilled attorney to guide you through the process.
Our experienced trial attorneys can assist in gathering evidence, officially filing your case, and negotiating fair compensation for your economic and non-economic damages.
Compensation for Negligent Phenergan Administration
Medical malpractice cases arising from Phenergan-related negligence often result in complex damage calculations. Juries are tasked with evaluating not only the economic losses but also the intangible effects on the patient's quality of life.
| Economic Damages | Non-Economic Damages |
| - Past lost income - Future lost income - Lost earning capacity - Past & future medical bills - Rehabilitation and physical therapy | - Physical and/or mental impairment - Disfigurement - Pain and suffering/ Mental anguish - Loss of enjoyment of life - Loss of spousal services |
The Porter Law Group has a proven record of success in dealing with similar cases and maximizing potential compensation for harmed patients. Visit our recent results page to see the damages we've obtained for our clients.
Do You Have Questions about Filing a Medical Malpractice Claim?
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Speak to a Medical Malpractice Lawyer Today
At the Porter Law Group, our team of proven medical malpractice lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances.
We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.
If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.
