[CA] Can I sue for medical malpractice over the denial of a shot?
I was denied the shingles shot by my primary doctor, which led to pain for almost 5 months.
16
5
Solved
To have a malpractice case, you generally need:
- a doctor-patient relationship (sounds present),
- negligence—care below the standard (ER said shot could be given within 3 days, which may be relevant),
- causation—denial led to your injury/pain, and
- damages—your pain, meds, and ER visit.
Next steps: collect records from your PCP and ER, including photos/notes on timing, and consult a California med-mal attorney to review standard of care and case strength (California Patient Access to Health Records: Health & Safety Code § 123110).
0
Letter of Intent to Sue
Create Document
Full Conversation
I was denied the shingles shot by my primary doctor, which led to pain for almost 5 months.
Lexi, Chatbot
Sorry to hear that. Do you have any documentation or messages about the denial?
She said since I’d already broken out the night before, the shot would be pointless. She took pictures that morning.
Lexi, Chatbot
Have you sought any other treatment or opinions?
No. I was on 5 different pain medications for months.
Lexi, Chatbot
Anything else the lawyer should know?
Yes.
Jon
Hi, I’m Jon, an attorney. What state did this occur in?
California.
Jon
Understood. You want to know if you have a medical malpractice case based on these facts?
Yes.
Jon
Anything else to add before I draft my answer?
Five days after seeing my primary, I went to the ER for pain. The ER doctor asked why I didn’t get the shot. I said my primary said it was too late. The ER doctor said it can be given up to 3 days after the outbreak. I told my primary I started to break out the night before.
Jon
To have a malpractice case, you generally need:
- a doctor-patient relationship (sounds present),
- negligence—care below the standard (ER said shot could be given within 3 days, which may be relevant),
- causation—denial led to your injury/pain, and
- damages—your pain, meds, and ER visit.
Next steps: collect records from your PCP and ER, including photos/notes on timing, and consult a California med-mal attorney to review standard of care and case strength (California Patient Access to Health Records: Health & Safety Code § 123110).
I wanted to know if I have a case and get a referral—or be told I don’t.
Jon
A local attorney needs to review your records to confirm. Hope this helps!
Jon
556 satisfied customers
5 lawyers online now
9
2
Answered 2 weeks ago
15
7
Answered 1 month ago
10
3
Answered 1 month ago
Disclaimer
By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
