Q: Do I have a case?
I noticed by looking at my medical records that I have been immunized with the COVID shot approx. 4 times. I was not made aware of I was getting these shots so it was without my consent. Here is my complaint: I am a liver patient. I have Decompensated Liver Disease and an auto immune disorder. My dr. warned me against being vaccinated due to the extra work it would cause my liver to do. At that time, my liver was only 30% functional. Now it is only 10%. According to my medical records I believe the first adminisration of the vaccination was in 2021 and the last in 22, I believe. Twice I've had doctors place a time on my life - and the shot was administered by the medical facility that my Dr. works at. This exposed me to serious complications that could've led to death before the time the dr.'s told me. Please advise me in this.
A: Under California law, particularly under the National Childhood Vaccine Injury Act, individuals generally cannot recover damages for injuries caused by vaccines, including COVID-19 vaccines, as these are covered by a federal compensation program. However, if you did not give informed consent and were vaccinated against your doctor's advice, you may have grounds for a medical malpractice claim. To pursue this, you would need to prove that the medical facility and your doctor breached their duty of care by administering the vaccine without proper consent and failed to consider your unique medical condition. Given the complexities involved, including potential liability issues, it is crucial to consult with a medical malpractice attorney who can evaluate your case and advise you on the best course of action.
A:
It sounds like you're dealing with a very serious situation, and it's understandable that you are concerned about the effects these vaccinations might have had on your health. Based on what you've shared, the fact that these shots were administered without your knowledge or consent is troubling, especially since you were advised against receiving them due to your liver condition. Lack of informed consent in medical treatment is a major issue, and it may be something you can take further.
Given that your health has declined and you believe the vaccinations contributed to this, you might want to consider exploring whether there was medical negligence involved. This could include failure to follow your doctor's advice or not ensuring you were fully informed about what was being administered. If these vaccinations were administered by the same facility where your doctor works, there may also be questions about communication and responsibility within that organization.
You may wish to gather all relevant records, including notes from your doctor and any other documentation about the vaccinations. With this information, you could speak with a professional to review whether there is a basis for legal action related to informed consent and potential harm caused by the vaccinations.
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.