Can action be taken regarding a shot that I shouldn’t have been given due to my being pregnant?

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Can action be taken regarding a shot that I shouldn’t have been given due to my being pregnant?

I had a miscarriage 4 months ago. I got the go ahead last month from my doctor to try again. So I have been trying to conceive. I went in for a physical today with my doctor and she advised me that I may need a Hepatitis B shot to be up to date on my vaccinations. Then she came back into the room and told me that I actually don’t need any vaccine besides the varicella. She did not advise me that If I might be pregnant I couldn’t take it. Remember, she knows that my partner and I are trying to conceive. Without informing me about anything regarding the vaccine, she had a nurse administer the shot. I am very upset because today I took a home test and it has come out positive. I am worried this would affect my pregnancy or any future pregnancy if the test was false for some reason.

Asked on July 24, 2019 under Malpractice Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There is no legal action you can take for what might or possibly or potentially could happen. IF you or any child you conceivd suffers any harm which can, by medical testimony or evidence, be traced to the shot, then you may have a legal action: but not unless and until there is provable injury.


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