What to do if my daughter’s doctor didn’t follow protocol regarding her vaccinations?

Her doctor gave her shots 27 days before her 4th birthday. When I took her shot records to school to register her I couldn’t because those shots are not suppose to be given more than 4 days prior to her fourth birthday. I was told that I would have to go back to the doctor and she would have to get the same shots again. I am wondering if this is considered medical malpractice because the nurse said the doctor should have known the shots should not be given yet?

Asked on August 27, 2013 under Malpractice Law, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care, that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm.

If your daughter was not injured as a result of the shots, then she would not have a claim because a compensable claim would require an injury resulting in medical bills and medical reports documenting pain and suffering. Compensation for medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills.  In the absence of an injury resulting in medical treatment producing medical bills and medical reports documenting pain and suffering, there isn't any case because there are no damages (monetary compensation) to recover.

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