My daughter was given a flu shot by a friends pedeatrician WITHOUT my consent
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My daughter was given a flu shot by a friends pedeatrician WITHOUT my consent
My daughter was staying the night with a friend when her friends mother took her
to get a flu shot WITHOUT my permission or any knowledge of my daughters medical
history and now she cant stop shaking. Ive never been to this pedeatrician and I
would NEVER authorize a flu shot what do I need to do?
Asked on November 28, 2017 under Malpractice Law, Nevada
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If your daughter suffers some serious, long-lasting harm or you incur significant out-of-pocket medical expenses due to the shot, you could sue the pediatrican and/or the friend's mother for the injury/disability/impairment and/or the money. (Technically, you can sue without major harm or costs, but there'd be no point: since the amount of money you can get is related to the harm or the costs, without significant harm or costs, you could spend more on the lawsuit than you'd get back.) You'd sue the doctor for negligence or carelessness (malpractice)--not making sure a parent was authorizing it. You'd sue the mother for intentionally causing your daughter to get the shot and be harmed by it when she had no legal authority or right to do so.
Even if there is no harm, etc., you could file an ethical complaint with the state medical licensing board for giving a shot to a child without parental/legal guardian approval: that will not get you money, but it may result in some punishment of the doctor.
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