Doctor giving a minor shots without parental consent

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Doctor giving a minor shots without parental consent

My 16 yrs old went for a sports physical but
the doctor decides to do a well checkup and
gives my daughter 2 shots.. one was a booster
from a previous shot and the other was a shot
we are totally against..he never asked my
permission and I was in the waiting room..
because he never asked my consent was that
illegal for him to do in the state of ohio?

Asked on July 20, 2019 under Malpractice Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

In a non-emergency situation, a doctor may not administer shots, medicine, medical care, etc. to a minor with parental consent. (In an emergency, they can do what is necessary to save the minor or prevent injury from escalating.)
If your child did not suffer harm from this--actual physical harm, that is--there is no point in suing: you'd spend a great deal of money on a malpractice suit and get nothing back in return, since there is only compensation for actual harm or costs caused  by the alleged malpractice (and the amount of compensation is proportionate to the harm or costs incurred). You could file professional ethics complaint with the state board or agency that licenses doctors.


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