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  1. #1
    Join Date
    Jan 2012
    Posts
    3

    Default Wrong Vaccination Administered

    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.
    skeptical

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Wrong Vaccination Administered

    Has your daughter been permanently damaged?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Oct 2006
    Location
    supratentorial region
    Posts
    818

    Default Re: Wrong Vaccination Administered

    It really is "no big deal". Your daughter needed the Prevnar anyway (basically, the same schedule as DT@P, IPV and Hemoph.b), and many children are late or off schedule getting their vaccinations. Hence, the "catch up" protocol recommended by the CDC.

    What did your daughter's Physician advise when you called him to report the high fever?

    ETA: In the future, confirm which vaccine is being given with the Nurse/PA.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Wrong Vaccination Administered

    Quote Quoting skeptical
    View Post
    ...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 your daughter had what you believe to be a reaction to the second vaccination - the one you wanted her to have in the first place?

    Claimed vaccine injuries are handled principally through the National Vaccine Injury Compensation Program. Do I think that a fever that resolves without injury, and a couple of weeks of minor chest congestion, will support either a vaccine injury or malpractice case? Sorry, I don't, but there are a lot of lawyers in the phone book if you want to have your case evaluated based upon a full review of the medical record and history.

    There's a statute of limitations for pretty much everything, including claims of malpractice or vaccine injury.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Wrong Vaccination Administered

    Those are listed potential side effects of the injection. Had you requested the information on side effects, you would know this. It seems the only liability for her suffering, is your decision to allow the injection. I don't think suing yourself, on her behalf, is productive.

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