A California doctor recently became the subject of a high-profile complaint to that state’s medical board, alleging gross negligence in writing a letter exempting a 2-year-old boy from further vaccination. According to the complaint, the letter was issued after the mother reported adverse side effects from previous vaccinations; however, the doctor allegedly never conducted medical examinations to corroborate these assertions.

This case highlights a growing tension between public health mandates and individual medical advice. California has already passed laws eliminating personal-belief exemptions for school-age children. In contrast, according to the National Vaccine Information Center, both religious and medical exemptions are still technically recognized in the state of New York, though the legal landscape is constantly shifting as public health concerns evolve.

The Role of a Vaccine Injury and Medical Malpractice Lawyer New York

When a medical decision regarding immunization leads to harm, the legal path to recovery can be intricate. This is why consulting a specialized vaccine injury and medical malpractice lawyer New York is essential. While the California case focuses on professional licensing, it raises a critical question: Can a physician face medical malpractice litigation for recommending an exemption—or, conversely, for administering a vaccine that leads to complications?

Understanding the National Vaccine Injury Compensation Program (VICP)

Perhaps a more pressing issue is whether healthcare providers can be sued for administering a vaccine. While serious injuries are statistically rare, they can occur. It is important to note that when a vaccine is administered correctly but still causes harm, patients generally seek compensation through the National Vaccine Injury Compensation Program (VICP), often referred to as “Vaccine Court.”

This federal program was designed to provide a “no-fault” alternative to the traditional tort system. However, navigating this court requires specific expertise, making the guidance of an experienced vaccine injury and medical malpractice lawyer New York invaluable for local families seeking to file a claim.

When Does Vaccine Administration Constitute Malpractice?

If a vaccination is administered according to the accepted standard of care, medical malpractice will ordinarily not come into the picture. However, there are specific situations where the administration of vaccines could indeed constitute malpractice, such as:

  • Failure to Screen: Administering a vaccine to a patient with a known, documented contraindication (like a severe allergy).
  • Administration Errors: Injecting the vaccine incorrectly, leading to shoulder injuries (SIRVA) or nerve damage.
  • Contaminated Equipment: Using unsterilized needles or improperly stored vaccines.
  • Informed Consent: Failing to warn the patient or guardian of known, significant risks associated with the specific immunization.

Protecting Your Legal Rights

Whether you are dealing with a dispute over a medical exemption or a physical injury following an immunization, the intersection of healthcare law and personal injury is complex. At Kramer, Dillof, Livingston & Moore (KDLM), we are committed to investigating medical malpractice and personal injury cases with the highest level of scrutiny.

We’ll continue this discussion in our next post, exploring the specific criteria needed to prove negligence in a vaccination context. What are the Rights and Responsibilities of Personal Injury Victims?

If you believe you have been a victim of medical error, contact our New York personal injury attorneys today at (212) 618-6800 to discuss your legal options.