My question involves medical malpractice in the state of: KY
I was obtaining vaccination records for my daughter for pre-school admission, when I noticed that she was given a pneumonia vaccination in July of last year. I never authorized the vaccination and subsequently she should have been given Pentacel on that particular office visit. I addressed the discrepancy with the office clerk and then the PA; only to be told it was "no big deal" and it was "something she needed anyway". After repeated attempts to speak with the Dr. I received a reply, 2 days later, which amounted to an "I'm sorry". The co-pay on the following office visit was comp'ed by the office when I returned to speak with the doctor in person and have the correct shot administered.
I had to explain to the pre-school why my daughter was behind on her vaccinations (fortunately she was granted admission), my daughter had to endure yet another vaccination, and my daughter came down with a high fever of 103.4 with severe head and chest congestion for 2 weeks as a side effect of that injection.
So my questions are:
1). Does wrongful vaccination fall under medical malpractice?
2). Does my daughter's subsequent illness (and my sleepless nights) quality for what I've research in regards to injury.
3). Is there a statue of limitations?
I understand mistakes happen, but the indifference displayed by the doctor and staff of this office was very casual; leading me to believe this will occur again.
Thank you in advance.