What to do if my children’s doctor administered the influenza vaccine without consent?

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What to do if my children’s doctor administered the influenza vaccine without consent?

I said no to the vaccine but they gave it anyway. What should I do?

Asked on March 13, 2013 under Malpractice Law, Texas

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

You probably should do nothing.  This is technically a battery and not permitted.  However, unless your child suffered some severe side effects from the influenza vaccine, you have no damages.  Without damages, all you can recover (if anything at all) is "nominal damages" (probably $100).  It will cost you far more than nominal amounts to sue, and I doubt that any malpractice lawyer will take the case.

This is an example of a common misconception.  To have a valid malpractice lawsuit, there must be both malpractice and damages - i.e., injuries.  As a practical matter, only serious injuries justify the cost and difficulty of bringing a malpractice case.


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