Skip to main content

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

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

  2. 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

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

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

  4. 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 provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

  5. 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 general in nature and may not apply to the specific facts and law of your case.

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

  7. 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!

  8. 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 as legal advice and it does not create an attorney-client relationship. Our firm only forms attorney-client relationships by written agreement signed by both our firm and the client. Please seek an in-person consultation with an attorney immediately as almost all legal matters are time sensitive and failing to meet deadlines can result in adverse consequences.

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics