My son was orally injected with another child vaccine while we were doing a follow up on jaundice . He was only days old and the Rota virus vaccine was administered to him . He ran a fever of 105 . Now that he is 2 he is severely compromised and has a speech problem . I have no idea if this is what caused the handicap in my child . Why can't I sue of pain and suffering caused by the medical malpractice .
Medical malpractice cases are very expensive, and most attorneys can only accept the case if there is clear liability. We often have to pass on close questions because the long term payoffs on these don't justify the costs. I hate to sound so matter of fact, but that is the business model. Even more difficult are vaccine cases. I hate what your child is going through, and I am very sorry for you. The fact that you say "I have no idea" if the vaccine is the cause, is probably an indication that none of the doctors you have seen have linked the vaccine to your son's challenges. I am not aware of any medical or scientific evidence that supports the argument that vaccines can cause the issues you are describing. I understand your child was accidentally administered, and he was very young - but assuming the medical professionals you see understand that, and still decline to identify this as the cause suggests to me that it could just be an unfortunate coincidence. Good luck, and I wish you and your family the best.
The Vaccine Injury Compensation Program was established by the government in 1989, and covers Rotavirus, among others, and more than $2.4 billion has been paid to compensate injured people, with a maximum of $250,000 paid per case. These cases are handling across from the White House in the US Ct of Fed Claims, and it is a no-fault compensation program, meaning that you do not need to prove that your injury was caused by a doctor or the vaccine company’s mistake...only need to establish that there is a high likelihood that your injury was caused by the vaccine.
Malpractice cases are among the most costly and difficult to pursue. There are so many reasons why a lawyer may not take your case. You have to have a minimum of two experts, one testifying the doctor did something wrong ( deviation from accepted medical standards of care), and causation, or did the malpractice cause your child damages. Sometimes where the malpractice happens, you may be very hard venue to convince juries. There are just too many variables to give you a good answer to your question.
First of all, I am sorry to hear about these unfortunate circumstances. As your son is still of an extremely young age, it may take some additional developmental time to fully assess the most likely cause of his condition. You should gather all of his medical records and meet with some local attorneys specializing in medical malpractice. Be mindful of the statute of limitations in your jurisdiction. Therefore, you should stay active in your search for an attorney.
You can sue if an expert doctor supports your belief that your son's condition was caused by the first doctor's conduct. However, these claims are very expensive to pursue and because the attorneys' fees are limited (pls Google "MICRA California") there are not very many good law firms that will take a chance of spending $50,000 in costs on a case like this for a limited fee. That is exactly what the medical community and Insurance Industry wanted to accomplish when they duped Jerry Brown into signing fee cap legislation back in 1975. Jerry Brown is on record now saying that was the worse piece of leglislation he signed during his first stint at being Governor yet he has not lifted a finger to do anything to change or overturn that legislation and appears to be more concerned about building his legacy, one bullet train at a time. In my opinion he will go down as the Governor who signed the worst piece of anti-consumer legislation ever signed by a sitting Governor and moreover he is the Governot who is the Godfather of the Tort Reform movement. I am not sure that is the legacy that he is shooitn for but that is the legacy he has created for himself. The first thing I would do if I was you would be to get your son to a specialist who can weigh in on whether what took place when he was newly born is what caused his current condition. If you can get a doctor to say yes, that will go a long way in convincing an attorney to get involved. I am sorry for what you and your son are going through and I wish you good luck. (P.S. If you are upset, which you should be, write a letter to the Governor, your State Senator and your State Assemblyman the difficulty you are having in getting an attorney to even look at the case with the response being that MICRA prevents all attorneys from getting involved.)
I'm sorry about what happened to your son. Sometimes it may seem that because a mistake or wrong happened, any bad result afterwards was the cause. The law requires a pretty clear correlation between the two events - we call it proximate cause. I tell my clients to think of it as a link. In any medical malpractice case, you have to prove that there was a negligent act (the wrong), you have prove the injury (in your case you are thinking the speech problem), and you have to link the two together. In a malpractice case, this kind of link would have to be proven by a doctor who testifies that the vaccine caused the speech problem. Before we even consult a doctor, however, we do our own medical research to see if there are any published articles which support the medical issue. If a lawyer did some research and found no reputable medical articles which discussed this vaccine and your son's handicap, they would conclude that they probably would not be able to prove the case, and therefore would not take your case.
I am very sorry about your son's condition. In order to establish liability in a medical malpractice case, the issues are typically whether you can show a breach of the standard of care and causation. Whether the standard of care was breached by giving the wrong vaccine, and whether the giving on that vaccine caused your son's condition are both questions for a medical expert. Medical experts are not cheap. If an attorney does not see a clear possibility that an expert would agree, he or she would likely be hesitant to take your case. I would try another lawyer, perhaps offer to pay the expert's fee yourself, if necessary and you can do so.
These attorney answers are spot on. There are numerous reasons an attorney may decline your case. Medical malpratice cases are complex, expensive, and time intensive. At the end of the day, if you believe you have a case, you should continue to contact attorneys - most PI attorneys will tell you they have been very successful on cases declined by other lawyers.
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