I took my 3 yr old to the doctor to get a psychical I was asked if I wanted her to get the H1N1 shot and I declined I did not want her to get it. The doctor informed me that my daughter needed the TB shot so I said it was fine. At the end of the exam the nurse came in to give her the shot. An hour later after I left the clinic I received a call from the nurse informing me that my daughter did not get the TB shot and that she got the H1N1 I was so mad but all the nurse said was sorry... Should I file a claim? I mean I don't care about money or anything I just think that its not right if I decline the vaccine she still got it. what are my rights?
FYI my daughter is ok she has had no reactions or anything.
So im guessing if my daughter where to have a really bad reaction then it would be ok to sue????? would litigation be a bit to much then?
Joe B
You're entitled to a pay day, I would definitely sue. In this case you don't even need damages as giving the wrong shot was gross negligence in itself.
I'm not going to question your reasons for not getting the H1N1 shot, let's just say I'm not getting one either for good reason.
Take this to court, that's way too big of a mistake, contact a lawyer and explain the situation.
The lawyer will create a massive defense as to why it's a big deal even if she hasn't had any reactions. I wouldn't be surprised if you walked away with 20k+ for this simple yet huge mistake.
If they gave me that shot by mistake (I'm very against it) you better believe I would sue the crap out of them. You certainly have grounds for a civil case, a lawyer may take this on contingent basis where they get paid after they win.
Yes society is sue crazy for bad reasons, this is a damn good reason to sue if you ask me. The hardest part is proving the negligence, they openly admit to it so this is a pay day waiting to happen.
Vicki
I am not a lawyer.
This is a medical error. They happen. I don't think anyone meant to violate your rights.
More times than not, when these mistakes are made, the staff try to cover it up.
They were upfront with you about their error. I would file a complaint with the hospital, but think litigation is a little extreme.
I am glad your daughter is okay.
rwa000
you are not going to want to hear this, but unless your daughter suffers permanent damage there is nothing you can do except to report the Dr and/or the nurse to your state ethics board, there has to be damage to sue
EDIT a bad reaction would not be permanent damage, here is how I know, Dr. said I needed open heart surgery because I had one blocked artery had surgery no better, Dr checks again said I missed the big blockage you need surgery again, I called several attorneys if I had died or been disabled in any way I could have sued, as I suffered no permanent damage all I could do is report the DR
Orignal From: Lawyers, Attorneys??? Need Advice (Medical)?
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