[CA] Can I sue for medical malpractice over the denial of a shot?
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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).
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I was denied the shingles shot by my primary doctor, which led to pain for almost 5 months.
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.
Have you sought any other treatment or opinions?
No. I was on 5 different pain medications for months.
Anything else the lawyer should know?
Yes.
Hi, I’m Jon, an attorney. What state did this occur in?
California.
Understood. You want to know if you have a medical malpractice case based on these facts?
Yes.
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.
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.
A local attorney needs to review your records to confirm. Hope this helps!
