Portland, ME asked in Medical Malpractice for New York

Q: A relative got my child vaccinated without my knowledge or agreement. Is this a crime? Can I sue the doctor?

I allowed a relative to travel out of the country with my child and signed a consent to do so that included a line that said, "I do authorize the above named individual to make medical care decisions for the minor child listed above if needed." I intended this for emergency care only and it was clearly in connection with the authorization to travel. Does that line, on a travel consent document, allow for non-emergency (not needed) medical care? Is it medical malpractice for a doctor to provide routine medical care on a consent for travel and "needed" medical care? The relative had only a limited knowledge of my child's health history and no current knowledge of their vaccination status. They also did not inform me of the fact that they had my child vaccinated and actively encouraged my child not to tell me. The relative also gave my child prescription drugs and instructed my child to take them without my knowledge if told to by said relative (who is not a medical professional).

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1 Lawyer Answer

A: Yours was a fairly broad authorization. I do not see a crime or any medical malpractice here.

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