Legal Question in Medical Malpractice in Maine
child given wrong vaccine
I brought my child to the doctor for her 5 year well-child visit. She was due for 3 vaccines, which she needs in order to attend public school (she's in kindergarten). One of the shots she needed was for polio. Instead of getting that shot, the nurse injected her with prevnar, which is the pneumococcal vaccine. This is a vaccine that she did not need, and now has more of it in her system than her peers. Though there was no serious harm done (she had symptoms typical of Prevnar- sore leg, rash, fever), we are experience emotion ramifications- fear of going back for another shot-she still needs the polio- (the nurse told her that she wouldn't need to come back until she was 11) and distrust of both me and our doctor. The office does use a ''check and balance'' system for vaccines, with two people checking to make sure mistakes are not made. They BOTH were negligent.
My question is, do I have a case against them for negligence?
1 Answer from Attorneys
Re: child given wrong vaccine
A cause of action exists though the damages are thankfully modest at this point. Of more concern is your MD's assertion that polio vaccination is now not required until the child is 11. Please get a second medical opinion. Legally you should consult an attorney in your local. You should recognize that the recommended course legally my be that you do nothing.
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