Los Angeles, CA asked in Medical Malpractice for California

Q: I went to the ER for congested heart failure and they gave me a covid shot without my permission or consent

Related Topics:
2 Lawyer Answers

A: It appears that California law does not require informed consent from an adult prior to giving that adult a vaccine.

So if you did not affirmatively object and resist, it is likely they were just following the standard of care.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: In California, as in most states, medical providers are required to obtain informed consent from patients before administering medical treatment, including vaccinations. If you did not give your consent for the COVID-19 vaccine and it was administered to you without your knowledge or authorization, this could be considered a violation of your medical rights and privacy.

Under California law, victims of medical malpractice have the right to file a lawsuit against the healthcare provider or hospital responsible for the injury. To prevail in a medical malpractice claim in California, you will generally need to show that the healthcare provider breached the duty of care owed to you and that this breach caused you harm.

If you believe that you have been the victim of medical malpractice in California, you should consider speaking with a qualified attorney who specializes in medical malpractice cases. An attorney can help you understand your legal rights and options, and guide you through the process of filing a lawsuit, if appropriate.

You may also wish to file a complaint with the California Department of Public Health or the Medical Board of California to report the incident and ensure that appropriate action is taken to prevent similar incidents from occurring in the future.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.