Could I sue my son’s doctor for administering a vaccine he did’t get consent for?

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Could I sue my son’s doctor for administering a vaccine he did’t get consent for?

He was given a vaccine that I didn’t ask for. It is not required for kindergarten. I now have to back to get shot he was supposed to get. My son is terrified.

Asked on April 24, 2012 under Malpractice Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The doctor may have commited malpractice, in providing the wrong vaccine, but it's not likely that it's worthwhile suing. The law only provides compensation for monetary costs and physical injuries, except in certain narrow and extreme cases (e.g. deliberate assault or stalking, watching a loved one be killed--events like those will support recovery for emotional injury). There is likely no compensation you could receive for you son simply being scared or terrified--almost certainly, not enough compensation to justify the cost of a malpractice suit. (i.e. even if you have to take you son to a counselor a few times to deal  with his fear, that's probably not enough of a cost to make a malpractice suit worthwhile.)


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