Can the health department be responsible for giving an injection that made my daughter black out at the wheel and wreck her vehicle?

UPDATED: Aug 21, 2011

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Can the health department be responsible for giving an injection that made my daughter black out at the wheel and wreck her vehicle?

My daughter was given a 2 step Mantoux test and was sent home. Medical staff did not ask her if she was dizzy or sick or if she needed to sit down for awhile. My daughter blacked out behind the wheel within a mile of the health department and wrapped her vehicle around a tree. She sustained cuts and bruises all over her body and a broken foot. The vehicle was a total loss. Can this medical staff be held accountable for any part of this?

Asked on August 21, 2011 Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If what they did; that is, if one or more of how they--

1) Evaluated whether you daughter should get the test

2) Adminsitered the test

3) Evaluated whether and when she could go home safely

--was negligent, or careless, or did not live up to accept medical standards for conducting this procedure, then malpractice might have been committed. However, be advised that if this was an arm of the government (i.e. the health department), there are usually significant limitations or restrictions on suing them, including havinig only a limited time to act and having to first file the proper notice. If you believe you'd like to explore a lawsuit, then contact a personal injury attorney *immediately* so you  do not run out of time. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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