Can I sue a clinic for giving me the wrong vaccine?

UPDATED: Sep 30, 2022

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Can I sue a clinic for giving me the wrong vaccine?

I was to get a tb test. Come to find
out they have gave me the flu shot.
After a few hours I was light headed
and in pain. I went to the clinic that
messed up. I was in the room waiting
and supervisors came in to find out
what happened. Finally a doctor a
mental health professional came in and
told me I was not having a reaction to
the vaccine but a panic attack. The
forearm is swollen and hurts. I am
missing work do to the pain. Day after
it is worse. Swelling and pain are
unbearable. Can I sue the clinic for
injecting me with the wrong vaccine?

Asked on August 9, 2016 under Malpractice Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

IF you can show, by medical evidence or testimony, that the vaccine (the wrong shot; not the one they were supposed to give you)--and not any panic attack or psychosomatic reaction, for which the clinic would not be liabel (since that is not a common or foreseeable reaction)--has caused you the symptons and that with those symptoms it was reasonable for you to stay out of work, you can potentially sue for the sum of 1) any out of pocket (not paid by insurance) medical costs this caused you; 2) lost wages; 3) if life impairment lasts for months or longer, some amount for pain and suffering. But as stated, you will need medical evidence, which means hiring a medical expert to testify, which can be very expensive; unless you have significant long-lasting disabilty or life impairment, or thousands and thousands of dollars of medical costs, it is not likely to be economically worth it to bring the suit.

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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