Can I sue my child's doctor for this error? The doctors office overdosed my toddler with vaccines.

Asked 12 months ago - Chicago, IL

In a nutshell my child (18 months) was accidently given an extra vaccine shot. At his 15 month check up, I was told he would not recieve any vaccine s at the 18 month check up because he was caught up on all his vaccines. When I get to the appointment I'm told he is to receive two shots. I insist he was caught up and I was told so by the doctor. Said doctor said no he needed to get x shot which I knew he'd never had so I did not question x shot but y shot I KNEW he was finished with that series. The medical assitant and doctor assured me I must have misheard them and that he needed y shot and that they had gone over his records and verified this. Well they gave the shot I came home an and reviewed some records I had theml fill out for other purposes and bam! It was there I was right.

Attorney answers (8)

  1. Judy A. Goldstein

    Contributor Level 20

    11

    Lawyers agree

    Answered . Did your child experience any side effects from receiving an extra shot? What would be the basis for your lawsuit?

  2. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . If there is no injury or damage, there is no viable case.

    Assuming your child is fine, there seems nothing to be done.

    If uncertain, get your child checked out, get the medical records, and contact a lawyer.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... more
  3. Mark Dean

    Pro

    Contributor Level 14

    9

    Lawyers agree

    Answered . It sounds like your child is ok, which is good. You might want to verify that the multiple vaccinations are not a problem. If not, there are no damages--an essential element to a malpractice case.

    The contents of this post do not establish an attorney-client relationship. Any comments made in this post are... more
  4. Christopher John Gansen

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . If the child is OK, what exactly are you looking for?

  5. Philip Anthony Fabiano

    Contributor Level 20

    7

    Lawyers agree

    Answered . Any claim must have two elements, 1. some carelessness/negligence and 2. injury/damage. The law attempts to compensate damage. Fortunately it appears your child suffered no injury. No injury equalls no damages.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you... more
  6. Joseph Andrew Brabender IV

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . If your child is okay, you lack damages, which is a required element of a lawsuit.

    Though we strive to provide accurate legal information in our answers on AVVO, our answer should not be construed... more
  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . I'm glad that your child is OK, so you would have a lawsuit.

  8. Josh P Tolin

    Contributor Level 19

    4

    Lawyers agree

    Answered . It seems like this was an error which fortunately resulted in no damage to your child. Without an injury , there is no suit. Good news for you and your child!

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