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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.

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