Is the hospital liable if a patient is given penicillin when allergic?

Medical errors are a common occurrence in hospitals and cause a statistically high amount of unnecessary injuries, some that even result in death. Courts recognize that these errors will happen, even under the best circumstances and safeguards.

Still, the courts also look at negligence to determine if these injuries could have been prevented with a due amount of care. In this particular case, the court will probably look at whether the nurse had knowledge of your penicillin allergy. If the nurse should reasonably have known about your allergy, then not only is he or she responsible, but the hospital is also liable because hospitals are responsible for any harm caused by their staff to patients.

Consult with a malpractice attorney experienced with hospital negligence and medical to determine your rights in this case.