Roseville, CA asked in Medical Malpractice for California

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.

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2 Lawyer Answers

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.

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Answered

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.

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