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