Legal Question in Medical Malpractice in Pennsylvania
My 16 year old cousin went to her doctor for an appointment and was given the Flu shot against her will. She declined the shot twice, by saying NO, when the doctor suggested and asked her to take it. At
that point the doctor left the office and the nurse came in. The nurse attempted to give my cousin a shot, and my cousin asked the nurse what she was getting ready to give her. The nurse proceeded to
inject my cousin quickly and then replied that it was the Flu shot. We want to know what we can do?
1 Answer from Attorneys
Your question is complicated by the age of this patient.
You are describing a failure to give informed consent, or in this case,a failure to respect informed refusal.
In general, a doctor or nurse would look to the parents of a minor child for consent or refusal of treatment. Assuming the parents consented, this may suffice under the law.
Regardless of whether are not there was consent in this case, this is not the kind of case that a medical malpractice attorney would get involved with.
Another attorney may have a different opinion, so I urge you to inquire for another if you'd like to seek options.
Please be advised that the parent or guardian would need to be involved with any decision of a minor to seek legal advice.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
