Can You Sue A Doctor For Medical Malpractice For A Vaccine Injury?

Law Blog

If you've been injured or fallen ill after getting a vaccine, you may be wondering if you can sue for medical malpractice. That depends on exactly how you were injured. Here's what you should know.

What Are the Different Ways to Recover for a Vaccine Injury?

There are two possible ways to recover for a vaccine injury. One is suing the vaccine manufacturer and the other is suing your doctor.

You would sue the vaccine manufacturer if there was something wrong with the vaccine itself. For example, the vaccine may have been made incorrectly or improperly tested.

You would sue your doctor for medical malpractice if they did something wrong in giving you the vaccine. This might be recommending that you take it or in how they gave you the actual shot.

Is a Doctor Liable for Recommending That You Get a Vaccine?

Doctors are liable any time they don't follow a reasonable course of medical care. This can include recommending that you get a vaccine. It will depend on exactly what happened to determine whether the doctor's recommendation was reasonable.

For example, there are many common vaccines that have long been mandatory for children to have before they enter school. Some of these may have serious side effects in some cases. A doctor would generally not be liable for recommending one of these vaccines when they're mandated by the government and are commonly given. A doctor might be liable in a situation where they failed to recognize that a patient was at high risk and should be exempt from the vaccine. This might include an allergy or medical condition that the patient has.

Some vaccines are either optional or only given in certain circumstances. For example, rabies vaccines are usually only given after an animal bite. If a doctor recommends one of these vaccines outside of the normal circumstances, they might be liable for medical malpractice if something goes wrong.

Is a Doctor Liable for Improperly Administering a Vaccine?

There are several ways a doctor can improperly administer a vaccine. This might include injecting it in the wrong place or giving it while the patient is on other medication that prevents them from being safely vaccinated at that time. Just like if a doctor makes a mistake during surgery, the doctor may be liable for medical malpractice if they didn't follow appropriate medical procedures while giving the vaccine.

To learn more about whether you can sue a doctor for your injuries, contact a local medical malpractice attorney today or check out this go to site.


30 November 2021

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