Can action be taken regarding a shot that I shouldn’t have been given due to my being pregnant?

UPDATED: Oct 2, 2022

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Can action be taken regarding a shot that I shouldn’t have been given due to my being pregnant?

I had a miscarriage 4 months ago. I got the go ahead last month from my doctor to try again. So I have been trying to conceive. I went in for a physical today with my doctor and she advised me that I may need a Hepatitis B shot to be up to date on my vaccinations. Then she came back into the room and told me that I actually don’t need any vaccine besides the varicella. She did not advise me that If I might be pregnant I couldn’t take it. Remember, she knows that my partner and I are trying to conceive. Without informing me about anything regarding the vaccine, she had a nurse administer the shot. I am very upset because today I took a home test and it has come out positive. I am worried this would affect my pregnancy or any future pregnancy if the test was false for some reason.

Asked on July 24, 2019 under Malpractice Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no legal action you can take for what might or possibly or potentially could happen. IF you or any child you conceivd suffers any harm which can, by medical testimony or evidence, be traced to the shot, then you may have a legal action: but not unless and until there is provable injury.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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