What to do if my newborn was given the wrong vaccine?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my newborn was given the wrong vaccine?
My newborn within the first 12 hours of delivery was given HIB vaccine instead if HBIG. The hospital charge nurse said they had ordered the wrong vaccine and had given the newborn the vaccine. Is that considered to be malpractice?
Asked on September 11, 2012 under Malpractice Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It may be malpractice, but that doesn't mean there is a viable lawsuit. The legal system only provides compensation for actual costs or injuries--if your child is (we hope) uninjured by this, then even if you sued and won, you would not recover any money, while expending considerable sums on the lawsuit. If you child does suffer some injury, or you incur significant medical costs, then you may have a viable suit; at that point, you would want to meet with a malpractice attorney. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.