What are my rights if I received the wrong vaccine at my doctor’s office?
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What are my rights if I received the wrong vaccine at my doctor’s office?
I went in to the doctor that my employer uses to get a flu shot, however the nurse accidentally gave me a shot for Hepatitis B. I am Type 2 diabetic and my wife and I were very upset about this as it was extremely negligent. I went back there today to get my paperwork and the lady at the front counter was rude to me. Really? Should I pursue this legally as it caused us quite a bit of emotional distress?
Asked on November 20, 2017 under Malpractice Law, Virginia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm). The doctor is liable for the negligence of an employee (nurse) which occurred during the course and scope of employment.
You will need to document an injury from the vaccine with medical treatment in order to have a medical malpractice case. If you can document the emotional distress with treatment from a psychiatrist or psychologist, you have a case.
Upon completion of your medical treatment and being released by the psychiatrist or psychologist, obtain your medical bills, medical reports, and if applicable, documentation of wage loss. Your claim filed with the doctor's malpractice insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document your emotional distress and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the doctor's malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the doctor.
If the case is NOT settled, your lawsuit for negligence against the doctor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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