I have a question and wanted to know if i can sue for medical malpractice. I am a Specialist/E4 in the Army and so is my wife.We have a 4 month babygirl and today my wife took her to the Virginia Health DEPT. for a shot that we were told she needed.The shot she needed was the HEPA shot.The problem is that she did not need this shot until 2 weeks from now but they gave it to her anyway but realized they made a mistake.The shot they gave her is the only shot they are
authorized to give her because of our military status and they also gave her a shot that she already had 2 weeks ago by the doctors at the military hospital and they are not authorized to give any other shots but the HEPA shot.They knew this and tried to cover it up.They told my wife that we now have to monitor our baby for any signs of trouble.They had the medical records that my wife gave them showing that our baby already had the (unathorized) shot they(military docs)gave her 2 weeks ago and gave her the shot anyway
mattmo3735
Get to the clinic on your base and let them know the situation, they should have back-up/spare copies of everything they gave you for your child. Then go to your legal representative on the base and let them know the situation. I don't know what its called in the Army but in the Navy its called the J.A.G so try looking them up. Make sure you've got documentation from both clinics with you because your going to need them if it goes to court.
Good luck.
Jonathan B
Nope. Two weeks early, out of four months, likely won't be a problem- but check with an independent doctor to be sure. I can't answer for the duplicate shot she got.
What would you gain from suing, anyway?
Terri M
Unless something happens to the baby as a result of her getting the shot then there is no reason to sue. No injury; no cause of action to file a lawsuit.
hamrrfan
Unless you child gets severely ill, there are no grounds for a suit. You have to prove that a significant injury, or illness, occurred as a result of negligence. The pain or low fever from the shot would not qualify.
You can make a formal complaint to the clinic. That will not do much for your daughter, but may have some input on the quality control at the clinic.
Songbyrd11 JPA Jewish Lawyer
Can you sue? Yes. Can you win? Maybe. The issue is that you don't have much in the way of damages. Is she okay? Any problems? Take her to an independent Pediatrician. Then if you find something that will affect her in her life. Send a report to the medical authority and the County supervisors, reporting the issue. Also, talk to a Lawyer in Virginia, and make sure the attorney is an expert in MedMal.
jason s
sue? perhaps. Make a claim? definitely.
But get a second/third opinion from a doctor first. Ask whether the medical services were appropriate and reasonably administered.
Orignal From: Should I Sue?
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