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Hospital administered a vaccine we refused

post #1 of 114
Thread Starter 
I was sent over here from another forum to see if I could get some help and advice. I have a preemie in the NICU. He was born at 32 weeks gestation and is now 3 weeks old and 35 weeks, 2 days gestation. We are getting ready to be released and we were given the information on Hep B vaccination, which we had already verbally told them we were refusing. We were given a consent or refusal form with the information on the vaccination. At just before 9pm last night, as we were leaving for the night, I took the form out to the nurse, chose "refuse" on the form, and signed it. She then signed that she witnessed our refusal of the vaccination. An hour later, the same nurse administered the vaccination to him. We found out this morning.

I have already obtained a copy of the form both I and the nurse signed that clearly states that I refused the vaccination. We are working on getting a copy of his full medical records. The charge nurse came in and talked to us but basically tried to gloss it over with a "we all make mistakes" speech, which I'm not buying. You don't make mistakes like this in a hospital, that's how people die. The hospital's "risk management team" is supposed to be sending someone to talk to us sometime soon.

I am at a loss as to what our next step should be. I'm not the sue-happy sort so I'm not thinking lawyer up and trying to get money out of them, but I also do not want to gloss it over and let them think it's okay for their staff to make mistakes like this. I asked the charge nurse what was being done by the hospital to ensure this didn't happen again and I didn't really get a response. He just said he filed an incident report and they were looking into it. The nurse has already admitted she did it.

Any advice on what to do going forward would be greatly appreciated.
post #2 of 114
No advice just and I would definitely keep a fire lit under them. Legally I'm not sure if there is anything you can do unless your baby has a reaction.
post #3 of 114
CALL A LAWYER! NOW! DO NOT SIGN ANYTHING WITH THE HOSPITAL AT THIS POINT. NOTHING. Call a lawyer ASAP to be be with for any hospital communication. "Risk management team"- risk for whom? Risk for the hospital getting sued?

Even if you are not sue happy= don't let this slide.

I don't buy the "mistake"-after you sign a refusal, somebody wanted to show you "who's boss".

Please get any paperwork that states the vaccination has happened. DO NOT SIGN ANYTHING THE HOSPITAL GIVES YOU. CALL A LAWYER.
post #4 of 114


It is highly unlikely you'll ever get more than an apology.

-Angela
post #5 of 114
I don't really know how to advise you but I would be extremely upset as well.
post #6 of 114
I'd certainly try to sue...
I also don't buy that they gave it an hr after you signed the waiver - and that the nurse who signed the waiver with you "accidentally" was the one who administered it. Someone else, then maybe I'd buy that it was an accident. But waivers are not common and not something a nurse would be forgetting IMHO.

I'm so sorry you are having this experience!!
post #7 of 114
They would be scraping me off the wall of the hospital I would be that upset! I would call a lawyer.
post #8 of 114
Not that it matters, but... do you think that the nurse did it maliciously or accidentally?

I would get a lawyer.
post #9 of 114
I would threaten for that hospital to be renamed "insert your last name here, MEMORIAL".

Holy crap what if your family had a long history of brewers yeast allergies....
I would be pissed and consult a lawyer.
post #10 of 114
post #11 of 114
What do you think would be a reasonable way for them to address this, at this point (given that the damage is done)?

I mean, would an apology be enough?

Suing for damages would be difficult if not impossible, even if your child was actually noticably damaged by the vaccine (given recent court cases).

And it's not about money, so a discount on your hospital stay is just not at all the right thing to ask for.

Perhaps an apology plus - is there any protocol a hospital follows when they make an error? Such as reporting it with the state or something? I would certainly want to make sure that was followed, if such a protocol exists. Basically my goal would be to force them to admit it was an error, not just in a blowoff way, but in actually putting it on record.

Those are just my thoughts. Very, very infuriating. Just curious, how did the nurse explain this mistake? Did she say she misread and assumed it was an approval? Did she claim to forget? (I wouldn't buy that, myself). So yeah, I think they should have to explain this error in detail to you and possibly the medical board or whatever.
post #12 of 114
I too wold call a lawyer. I also don't buy it was done on accident. A lawyer would be able to find out how many such "accidents" this hospital/nurse has had.
post #13 of 114
That is scary. If the same nurse who signed the form gave your baby the vaccine anyway, are they that incompetent? I would be afraid of them caring for my child, because if they screw up on that, what's next, a med error? I would raise royal HECK about this.

Can you maybe contact her licensing board on this, or at least contact the hospital admin (FWIW) and get her reprimanded? What is the POINT of having to sign forms and then disregard them anyway??? Does this nurse know how to READ???

I would be SO LIVID!!!!
post #14 of 114
Quote:
at least contact the hospital admin (FWIW) and get her reprimanded?
They'd probably wink at her and give her a pat on the back, knowing the nurse "did the right thing" considering how ignorant the parent was to not want such a life saving medical procedure. They have to save us from ourselves.
post #15 of 114
Quote:
They'd probably wink at her and give her a pat on the back, knowing the nurse "did the right thing" considering how ignorant the parent was to not want such a life saving medical procedure. They have to save us from ourselves.
This is a really uncalled for, snarky and mean comment. As a RN, I'm also very offended by some of the comments. They just feed the stereotype that nurses are stupid people out to purposely hurt others. We are human, and we do make mistakes. It doesn't make us incompetent. It makes us human. It's just that our mistakes are far more significant than if the grocery clerk or trash collector makes a mistake. I'm not excusing her actions. She readily admitted making a mistake and it needs to be taken seriously and addressed. But to suggest she somehow did this on purpose to further her own cause is crazy.

As someone that understands how the hospital system works, I will give the OP some practical advice.

1. You can report her to the Board of Nursing in your state. All claims are responded to. I can tell you she will not lose her license if that is what you are hoping for, but it may make you feel as though you did something.

2. Request a meeting with both the nurse involved and the nurse manager. Bring a list of questions (how could this happen, what will you do in the future to prevent it, why did it happen, was the unit short staffed, how long of a shift had the nurse been working, etc.) Also explain to the nurse manager that you are unsatisfied with her "everyone makes mistakes" explaination. If you are still unhappy after this meeting go above her to the director of nursing/vice president for nursing (or what ever that postion is called in your hospital).

3. Meet with the Risk Management Team. Discuss your concerns. An incident report is standard with med errors. Ask how that is being followed up on.

4. It sounds like the consent/refusal is one form. Am I right? Check in one spot if you want it, check in another if you don't. That needs to change. Suggest two different forms, maybe even two different colors. Eliminates error. That way you can't quickly glance at the form and see it wrong.

5. You can certainly get a lawyer. I'm not sure how successful a lawsuit will be, but you could try. They might offer a "settle out of court" amount to avoid the disruption of record requests, discovery, deposition, etc.

I'm sorry this happened to you. Although conspiracy theories abound on this forum, I highly doubt she did this to further her own agenda. Feel free to PM me if you want more information on how to navigate the hospital system.
post #16 of 114
I am sorry you are offended, however too many of us have been on the short end of the stick when it comes to doctors/nurses on a power trip.

The OP told the nurse in question no. The nurse in question witnessed the paper that the OP signed stating her refusal. I don't believe for a minute that an hour later she just "forgot" that the OP refused this vaccine. I don't care if she has 12 other babies to take care of... she would remember the one who refused.
post #17 of 114
Quote:
Originally Posted by Scattershoot View Post
They'd probably wink at her and give her a pat on the back, knowing the nurse "did the right thing" considering how ignorant the parent was to not want such a life saving medical procedure. They have to save us from ourselves.
The lawyer should mention "assault with a deadly weapon", you certainly have the law behind you. You refused a vaccination, that was part of the record-who the heck gives a vaccine when you do not have a consent signature? Something is very, very wrong there and no, I don't buy the "mistake". Usually you are the talk of the unit for the refusal-and do not believe a single second that a parent has a debate with somebody, signs a refusal and "by accident" that refused vaccine is given.

I would NOT let that slide. These kind of "mistakes" can be deadly. What else has a parent to do when faced with a NICU stay? Armed bodyguard to make sure your DOCUMENTED refusal will be honored??

We refused the Hep B shot as well and trust me, that was all over my Sons record. I have no idea how you "dont know" when that is in a record.

The OP said the they already refused verbally- even that is usually stated in the record. And then she signed a "refused"- and then the same nurse by "accident" administers the same vaccine? A vaccine where she signed as witness of the refusal??
And somebody is supposed to think that's an accident?? Come on.
post #18 of 114
I've never experienced your exact situation...but I wanted to add that you shouldn't be quick to say "I'm not sue happy." Through my own experiences, I've come to realize that we as women and mothers are expected to come across as sane and calm...which basically are keywords for bend over and take it with a smile.

I have been in your shoes over a different issue and let me tell you if I could repeat it that I would be crawling up butts and hiring at least one lawyer. I would be contacting media sources, especially ones that are vaccine-free friendly or watchdog organizations. I was abused, scared, terrorized, lied to....laws were broken...and I smiled and said, "Let's make this work" and "I'm sorry to bother you, but" and "I don't want to sue" Boo I'm ashamed of my younger self.

Only in America will a mother be worried about coming off as "sue happy" when her child is abused by someone in an authority position. And you're expected to pay for it too I bet. Unless you already confirmed that it's not on the bill?
post #19 of 114
Welcome to MDC, glad you made it over!

FWIW, I think that from all I've read, that hospital has idiots abound...unfortunately, it appears that (unlike those "LCs") this nurse's harm was more malicious than solely idiocy.
post #20 of 114
As part of my suit against our hospital, I was able to get a nurse and lab tech fired for running an HIV test on me that I refused - she came to me in recovery to sign the form.

That was just a test on blood that I was giving them anyway (for typing and a full panel). The nurse took extra for the HIV test which I had refused.

If I got people fired over this,...I say let the heads ROLL! This looks more malicious than accidental.

Fry them!

HCP's need to learn that they can't continue to push their own agendas and get away with it. I'm not sue happy either...but if we don't continue to hit them where it hurts, they have no reason to stop this behavior (or put in place protocols that will stop these errors).
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