What can be legally done about a hospital administering a procedure to a child that a parent refused?

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What can be legally done about a hospital administering a procedure to a child that a parent refused?

My daughter refused the HepB shot for her newborn. Told the doctor the entire pregnancy it was not appropriate for her child. In the hospital she informed staff her child would not get the vaccine. Almost 7 years later, her pediatrician’s records show that she received it in the hospital. In the nursery after it was administered, they brought her the baby because she was

Asked on February 28, 2019 under Malpractice Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can file an ethical complaint with your state's medical licensing board: it is possible they will take action. However, that is the only thing your daughter can do--she cannot sue. The reason she can't sue is that a lawsuit (such as, for example, a malpractice lawsuit) is only to recover compenation for actual monetary or physical harm or injury; with no such harm, there are no grounds for a lawsuilt. And the shot did not harm your daughter or her child, so therefore there is no basis for compensation or a lawsuit.


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