What should I do regarding a nurse who mistakenly gave my 1 year old the wrong vaccine?

UPDATED: Oct 1, 2022

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What should I do regarding a nurse who mistakenly gave my 1 year old the wrong vaccine?

I went in for his second round of the flu vaccine yesterday. This morning, I received a call from the nurse who administered the shot saying she had accidently given him a Hepatitis B vaccine instead of the second dosage of the flu vaccine. She apologized and told me that she spoke with one of their top doctors to reassure me that it won’t do harm to my baby. He had already received the Hep B vaccine prior.

Asked on December 4, 2018 under Malpractice Law, Missouri


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Medical malpractice is negligence. 
Although the nurse was negligent in giving your baby the wrong vaccine, there is no medical malpractice  case because he wasn't injured. A medical malpractice case requires a negligent act causing injury and resulting in documented medical treatment.

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