If my son’s pediatrition administered a vaccine that I specificaly declined without my knowledge, is this something I can/should pursue legally?

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If my son’s pediatrition administered a vaccine that I specificaly declined without my knowledge, is this something I can/should pursue legally?

At my son’s 2 month check up the doctor and I specificaly discussed all possible immunazations and there were several that based on my research and personal beliefes I declined. The doctor voiced that he was very against my decision and tried pretty hard to convince me to have these vaccines administered. I made it clear which could be administered and which could not. His immunization record as well as the after visit summary show that a vaccine I did not aprove was in fact administered to my son that day.

Asked on July 18, 2012 under Malpractice Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can report him to the medical licensing board, filing a complaint about him violating your clear instructions.

However, you cannot sue him unless and until your son suffers some harm traceable to the vaccine, which hopefully will never come to pass. That is because the legal system does not, as a general matter, provide compensation "just" for having rights violated; rather, it provides compensation for harm, injuries, or costs resulting from violations. You can only recover compensation commensurate with the injury; if no injury, you cannot receive compensation.


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 AttorneyPages.com 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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