Legal Question in Medical Malpractice in California

Many public health authorities urge physicians not to use antibiotics until it can be determined whether the patient's illness is viral (for which antibiotics would not help) or bacterial (for which they can). Over time bacteria have become increasingly resistant to antibiotics, and public health authorities fear they will one day no longer be able to treat many bacterial infections, and it is thought that the overuse of antibiotics (in humans and in farmed animals) causes this. By limiting the use of antibiotics it is thought that bacteria will more slowly become resistant to antibiotics, preserving their effectiveness. All this is by way of saying that the doctor who won't give you antibiotics might be placing the public health ahead of your personal interests (because if you do have a bacterial infection, and you do get antibiotics on the first visit, you'll get better faster). While the medical ethics of intentionally withholding antibiotics from a patient for the greater good (if that's what happened in your case) may be debatable, I don't think you'll be able to get an expert witness physician to testify that not giving you antibiotics violated the standard of care. Of course, I haven't met or spoken to you, nor have I seen your medical records nor had an expert review them, I could be wrong and the above is only my best guess. Consult an attorney in person. Watch out for legal time limits.

The law says any violation of a doctor's professional obligation must cause you injury before you can bring a lawsuit. Based on the facts you've provided, it's not clear that the first doctor DID violate a professional obligation, i.e., maybe you didn't appear sick enough to need antibiotics at that point in time, etc.. Anyway, even if it WAS a professional violation, it's not clear that it caused you injury---sounds like you promptly saw another doctor and got the care you needed, so no harm, no foul. If, for intance, you had relied on the first doctor and gotten really sick because you didn't get antibiotics, then maybe a different outcome.

Keep in mind that I don't know all the facts, and different facts might yield a different result. In any case, other lawyers might have a different opinion, and you should consult an an attorney in person to get a more complete answer. Keep in mind, too, that you only have a limited time to bring any claim.