If while in the emergency room for a severed finger I was given an immunization shot that I did not want without my knowledge or consent, do I have legal recourse?

Asked on February 16, 2013 under Malpractice Law, Texas

Answers:

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).

In an emergency, medical treatment needs to be administered.  The immunization shot was administered to prevent infection and/ or contracting a disease such as tetanus. 

If you had not been given the immunization shot and developed complications, then the doctor would be liable for malpractice because the doctor would not have exercised 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).

The fact that your consent was not obtained for essential medical treatment in an emergency is not a basis for malpractice. 


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