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Only want to Sue for emotional distress

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kprideandjoy

Junior Member
South Carolina. I wanting to know if I can sue my sons doctor for emotional distress without suing for medical malpractice? The doctor gave my son the wrong shot. My son had already had a varicella (chicken pox) shot and they gave him an extra dose. as a result of that my son had a high fever of 103.1 to 105.1 causing us to go back an forth to the doctor and to the emergency room. The emergency room was for a fever of 105.1 and they took four tubes of blood and a blood culture, a urine test and a chest exam and everything came back normal. The ER doctor came in and said that it was because of that vaccine. My husband had to leave from work, I am pregnant and it has been just awful for me because the doctors even admit to this happen all the time. I am just overwhelmed. Really need some help on what to do about this because I don't want this to go without something being done about it.
 


Antigone*

Senior Member
South Carolina. I wanting to know if I can sue my sons doctor for emotional distress without suing for medical malpractice? The doctor gave my son the wrong shot. My son had already had a varicella (chicken pox) shot and they gave him an extra dose. as a result of that my son had a high fever of 103.1 to 105.1 causing us to go back an forth to the doctor and to the emergency room. The emergency room was for a fever of 105.1 and they took four tubes of blood and a blood culture, a urine test and a chest exam and everything came back normal. The ER doctor came in and said that it was because of that vaccine. My husband had to leave from work, I am pregnant and it has been just awful for me because the doctors even admit to this happen all the time. I am just overwhelmed. Really need some help on what to do about this because I don't want this to go without something being done about it.
Get serious...:rolleyes:
 

lealea1005

Senior Member
Two doses of Varicella are now recommended for children between 9 months and 13 years, and actually required by some school systems.

High fever (over 102) is clearly listed as a side effect on the CDC information sheet your Physician is required to give you before administering the vaccine.
 

barry1817

Senior Member
malpractice?

South Carolina. I wanting to know if I can sue my sons doctor for emotional distress without suing for medical malpractice? The doctor gave my son the wrong shot. My son had already had a varicella (chicken pox) shot and they gave him an extra dose. as a result of that my son had a high fever of 103.1 to 105.1 causing us to go back an forth to the doctor and to the emergency room. The emergency room was for a fever of 105.1 and they took four tubes of blood and a blood culture, a urine test and a chest exam and everything came back normal. The ER doctor came in and said that it was because of that vaccine. My husband had to leave from work, I am pregnant and it has been just awful for me because the doctors even admit to this happen all the time. I am just overwhelmed. Really need some help on what to do about this because I don't want this to go without something being done about it.
For a malpractice case you need negligence, you need damages caused by that negligence and you need to have suffered a financial component. So what was the negligence, what are the damages and what are the financial components of those damages.

Then once you think you have those you need an expert to sign off on the negligence to proceed.
 

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