Legal Question in Medical Malpractice in Connecticut

my daughter has hsp which is an autoimmunity defficiency that compromises her immune system and fits into the governments standards of people who should have been able to receive the first issued h1n1 vaccine because of the serious compications that may occure if she catches it, so i tried to get her the vaccine from her pediatrician last friday and he denied her the vaccine even though they had some there,he said that hsp isn't on the list of diseases, well it is, he was wrong, she fits into the last category as defined the the goverments web site, i tried to argue with the nurse who was relaying the information for a few minutes asking her if the doctor knew my daughter fits onto the category of children with autoimmune disease that comprimises their immune system, if she catches h1n1 she may in fact be one of the ones who may die, and she told me she understands my concerns but he looked at her chart and he decided her condition is not on the list then she gave me a hotline number to call, i was appauled, now all the clinics are closed until further notice so she'll remain out of school until she is vaccinated against this disease that could kill her(there have been confirmed cases in our district), i'd like to know if i have any rights and grounds to open a law suit against this docter/practice for denying my daughter preventavie medical treatment as defined by the unites states goverment??? Henoch�Sch�nlein purpura is the immunity defficiency disease she has, she was diagnosed when she was five,now she's eight...she will be getting the vaccine as soon as a clinic re-opens hopefully before she comes in contact with the actually disease....thanks for your time...


Asked on 10/25/09, 8:11 pm

1 Answer from Attorneys
Max Rosenberg Rosenberg,Whewell, & Hite, LLC

There are a number of potential answers here. God forbid your daughter does come down with the Swine Flu, your potential lawsuit is much better. At that point, your damages dramatically increase. Without such an outbreak, your damages may be nominal. However you can make a claim for negligent infliction of emotional distress. While this may not be a very strong claim, your circumstances and the details surrounding the instance may strengthen it. Depending on some other information you may or may not have, it may be possible to explore a potential discrimination claim. Please feel free to contact us for more help or information. 203.870.6700.

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Answered on 11/01/09, 10:55 pm


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