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P. Simmons
P. Simmons, Attorney
Category: Personal Injury Law
Satisfied Customers: 26154
Experience:  16 yrs. of legal experience.
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I need to know what rights I have as a parent for my baby...

Resolved Question:

I need to know what rights I have as a parent for my baby... During a visit to the clinic today to get my 17 month old a check up and to get her flu shot and caught up on her vaccines, the little MA apparently stuck herself when re-capping a needle used to give my 17 month old a vaccine... So then after my baby had 5 shots they proceeded to tell me that they now had to take blood work on my baby because of this MA sticking herself which seemed odd to me, so I reluctantly let them and they then put her through much termoil by sticking her twice with no luck. So I was so angry by this time my baby was a mess and they are telling me that I still have to take her to get blood work done to make sure that this MA isnt going to catch anything? What are my rights here?
Submitted: 9 months ago.
Category: Personal Injury Law
Expert:  P. Simmons replied 9 months ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Sorry, not sure I understand your question. You want to know if you can refuse to go back to medical provider?
Customer: replied 9 months ago.

Well I want to know if I can refuse to make my baby have to go through being stuck yet again for them to have to get blood work from her after this Medical Assistant stuck herself after giving my 17 month old baby a vaccine. They are telling me that I have to go and have her blood taken because this happened to this Assistant. They already tried to take my babies blood twice there at the clinic stating that it was something they had to do to make sure that this assistant wouldn't catch anything...but they were unable to get any blood, and are now telling me that I have to take my already traumatized infant to the hospital to get her blood drawn after she has already been stuck with needles 7 times today after 5 shots and 2 attempts at getting blood. I am very upset that this has happened.

Expert:  P. Simmons replied 9 months ago.
Ma'am you can certainly refuse their request to draw blood from your child.

As the parent, you have the final say on what procedures can be performed on your child.

There is no law that requires you to consent to blood draw...even if they request it.

So no...there is no law or rule that would require you to consent to this procedure.

If they request you give consent, you can politely or not so politely decline. The hospital has no authority to force you to consent to blood draw, despite this mistake they seem to have made...



P. Simmons, Attorney
Satisfied Customers: 26154
Experience: 16 yrs. of legal experience.
P. Simmons and 8 other Personal Injury Law Specialists are ready to help you
Customer: replied 9 months ago.

Oh, great.. Thank you very much I appreciate all of your help, that is what I needed to know. Thank you

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