H1N1 (Swine Flu) - Would you Sue?

[disney1990]

Ok, so we all know that there are doctors out there recommending that their patients get the H1N1 shot. And, if you didn't know, you cannot sue the provider of those shots if you should have an adverse reaction. This is not my point.

But this is. There are also doctors that are recommending that their patients NOT get the H1N1 shot.

If your loved one got the swine flu and died because they didn't get the vaccine, do you think that you should be able to sue the doctor for telling you NOT to get the H1N1 vaccine?

If you died from the swine flu, do you think that your loved ones should be able to sue the doctor for advising you NOT to get the H1N1 vaccine?

Personally, I don't think that the doctor should be allowed to be sued. As everybody has said over and over again, getting the vaccine is a matter of personal choice.

 

[2Kds2K9]

I don't think a doctor could be sued either way because the final decision is yours. With any medical procedure, test, or vaccination, all they do is give you all the information and let you make the final decision.

Should be an interesting thread!

 

[C.Ann]

It's my decision - and therefore my responsibility - no matter what the outcome..

No - no suing..

 

[TangaroaTiki]

Suing? No, it's personal choice

 

[missypie]

So far in our area, the vaccine is in the hands of public health officials only...so no matter what your private physician says, you can still go get a shot at a public clinic if you want to. If all the vaccine was in the hands of private physicians only (and not in short supply), a plaintiff would have a stronger case if the doctor flat out refused to give her the shot and there was no where else to go to get it.

 

[damo]

The shot is not guaranteed to protect you against H1N1, so I don't see how a lawsuit could hold up.

 

[golfgal]

No-the dr did nothing wrong.

 

[disney1990]

The reason I ask is, some people, right here on the DIS Board, are saying, my doctor doesn't recommend giving it to my children and he says he isn't giving it to his children. People trust their doctors to give them the right information. Some parents make decisions based totally on their doctor telling them what to do.

I am quite sure that, somewhere out there, there is a child that is going to die from H1N1.

That child's parents are going to say, but my doctor told me that he didn't recommend giving children the shot. And that parent is going to go to court over it. (There is a pediatric group in New York city that has 15,000 patients and is telling their patients that they DO NOT recommend the H1N1 vaccine.)

Heck, this is America, people sue here because their coffee is too hot!

 

["Got Disney"]

No I wouldnt....but no doubt people will try whether it is due to a side affect of the vaccine or the lack of getting the vaccine. After all it's America.... the land of the sue happy people.

 

[2Kds2K9]

. That child's parents are going to say, but my doctor told me that he didn't recommend giving children the shot. And that parent is going to go to court over it. (There is a pediatric group in New York city that has 15,000 patients and is telling their patients that they DO NOT recommend the H1N1 vaccine.)

BUT, unless the parents are living in a cave and have not heard or read anything about the vaccine, then they are capable of making an informed decision. If the doctors are not recommending it, that's fine. The parents are still able to get the vaccine elsewhere.

I have gotten all the necessary vaccines for my children and for the last 6 years, we've gotton the flu shot. BUT, I have not given the guardacil shot to my DD as of yet. I've spoken to two pediatricians and one says yes to get it, the other says to wait for a few more years. The ultimate decision is up to me and my DD as to whether she will get this. From what I've read, I'm not fully comfortable yet. BUT, would I later sue the doctor who told me to wait if somethng were to happen to my DD? Nope, that's the risk I take.

 

[KristaTX]

So far in our area, the vaccine is in the hands of public health officials only...

Actually it is in some private practice settings now, too. At least in Fort Worth it is. I don't know how many offices have received it, and I don't know how exactly it is being distributed. I think we received 40 doses of the H1N1 flu shot yesterday. There are informational papers to read, a form to be signed and witnessed, documentation to be completed, etc. It is at the doctors' discretion which patients under his/her care most need to be vaccinated first, and those patients are being notified and given the opportunity. In our case that would be pregnant patients, patients with severe asthma, etc.

 

[guilliam]

I don't think a Dr. should be able to be sued, UNLESS they had it in stock and refused to give you the shot AND you were unable to get the shot elsewhere. Then I'm still not sure. It would depend on a variety of variables too.