What can I do if I recently found out that within the last 2 years my 4 year old son has received multiple vaccinations that he has already received?

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What can I do if I recently found out that within the last 2 years my 4 year old son has received multiple vaccinations that he has already received?

It did not need these extra shots. He also received some adult vaccinations which he should never have received at his age. I believe the doctor who ordered and administered these vaccinations was knowingly negligent and that this could’ve caused unknown health and growth effects to my son. What, if anything, should/could I do about this?

Asked on May 28, 2015 under Malpractice Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The issue is, the law does not provide compensation for "could've caused unknown health and growth effects. . . ." The law only provides compensation for known and provable injuries, which can be causally linked by (at least) a preponderance of the evidence to the asserted malpractice. If there is no known injury, illness, etc., you can't sue (or technically, you can sue, but can't recover any money whatsoever without a provable injury). Should some problem later be found, develop, etc., then you may be able to sue at that time.

All you can do now is (1) document everything for possible future usage; and (2) file a complaint with state medical licensing board if you want--that won't get you compensation, but it may see the doctor disciplined.


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