If my son’s pediatrition administered a vaccine that I specificaly declined without my knowledge, is this something I can/should pursue legally?

At my son’s 2 month check up the doctor and I specificaly discussed all possible immunazations and there were several that based on my research and personal beliefes I declined. The doctor voiced that he was very against my decision and tried pretty hard to convince me to have these vaccines administered. I made it clear which could be administered and which could not. His immunization record as well as the after visit summary show that a vaccine I did not aprove was in fact administered to my son that day.

Asked on July 18, 2012 under Malpractice Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can report him to the medical licensing board, filing a complaint about him violating your clear instructions.

However, you cannot sue him unless and until your son suffers some harm traceable to the vaccine, which hopefully will never come to pass. That is because the legal system does not, as a general matter, provide compensation "just" for having rights violated; rather, it provides compensation for harm, injuries, or costs resulting from violations. You can only recover compensation commensurate with the injury; if no injury, you cannot receive compensation.

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