Legal Question in Medical Malpractice in Virginia

Can a LPN practicing in the state of Virginia remove a vial of flu vaccine from the workplace to bring it home and inject family members, also if an adult within that home refuses the vaccine and the LPN gives it to the adult against their wishes, what has been violated and what laws have been broken?

Asked on 1/01/10, 2:32 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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The LPN could be charged with theft or a related crime for taking the vaccine without the approval of the employer.

The LPN might also be subject to civil claims for damages on the part of the refuser if s/he forcibly injected the family member without this person's consent.

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1/07/10, 7:36 am

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