I recently gave birth to a premature baby. I told the hospital NOT to vaccinate my baby with the Hepatitis B vaccine and they did anyway. It is my right not to have him vaccinated in the state of California for philisophical and religious reasons. They admitted fault after doing an inside investigation and apologized. Can I sue the hospital for going against my verbal and written wishes?
Answers:
Oh my goodness, I am just seeing red for you! I was paranoid they would do that exact same thing while I was in the hospital, I never let him out of my sight for anything!
It's horrible, but I don't think there is anything you can do because there are no damages to be seen.(and hopefully none in the future, but they would never admit to a link if it did)
I would talk to a lawyer to see if there is anything you can do to help make sure it never happens again for any future mothers. You may not be able to sue, but I would raise every level of hell that I could!!
If your pregnancies are low risk and you are comfortable with it, I would be having homebirths with future children!
Good luck!
Sue if you want but what are your damages??
You have to have damages - and the only thing that is "damaged" is your opinion. If the baby has suffered no ill effects because of the vaccination then you have no damages.
you could probably get a kooky enough jury to award you something just because that's the way it works. It's kind of like a lottery. Might net you a couple grand after legal fees.
You should be glad your kid has some protection against Hep B...it's a fairly serious disease that is affecting more and more kids.
This is America. You can sue anybody for anything anytime. Whether you win or not is a different story.
You should, as always, consult an attorney. However I think this falls under the category of the tort called battery. The unwanted touching by another without legal excuse or justification.
Whenever a medical procedure of any kind is performed on a minor or child, an informed consent form must be obtained from the parent or guardian. Since there was no consent, the hospital is liable for battery.
You can sue for damages, which will probably be nominal, unless you can prove that there are long term injuries associated with the vaccine itself (which complicates things because you may need to file a claim under the Vaccine Injury Compensation Program first).
Anyway, its obvious that the hospital battered your child. So you get $10 plus probably some minor punitives.
Again, consult a lawyer who specializes in suing hospitals.
You have no cause of actions in California law.
You have no damages.
You are one of the reasons for high healthcare costs and tort reform.
You maybe able to sue for negligent infliction of emotional distress if they have that in cali. Maybe the child can sue for battery.
I cant speculate on damages but doubt they will be worth it enough for an attorney to take ur case.
u do have a case but u dont really have a good case because wut does it matter if ur baby has a a vaccine for hepatitis B..do u want him to get sick or sumthing? but go ahead if u want.
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