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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 116707
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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On Oct 3 my husband got a flu shot by a mean shooter and his

Customer Question

Hello, On Oct 3 my husband got a flu shot by a mean shooter and his arm bothered him a lot since. Yesterday, 11/1 he went back to family Dr and only upon his insistence did they do an x-ray; called this morning to say there is a bone chip......
JA: What state are you in? It matters because laws vary by location.
Customer: Do you think he can be compensated - not a large amount, but for pain and suffering, elder care abuse, he's 78; don't know what else. Don't think there is a remedy, just pain. Thank you ANS: IN GA
JA: Has anything been filed or reported?
Customer: No, tried, unknowingly to go to a malpractice lawyer this morning, but they only do BIG BUCKS cases.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, other than shot giver? Husband felt she knew him and kept her face away from him as she sidled up to him and stabbed him. (I know, I know, paranoid - not, really)
Submitted: 8 months ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If they caused him harm from negligence and acting below the reasonable standard of care they can be liable for those damages under the malpractice laws. Unfortunately, not every side effect from a medical treatment is able to be sued over, he would need a medical doctor willing to testify that the way the shot was given was negligent and as such below the reasonable standard of care in order to make them liable to him for damages and you need an affidavit from a doctor explaining how it was below the reasonable standard of care. See: Ga. Code Ann. § 9-11-9.1.
If you cannot show that her actions in giving the shot were below the reasonable standard of care, then you could not sue to hold her liable.
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