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my pedi made me sign the AAP vaccine refusal form!  

post #1 of 15
Thread Starter 
did i just screw myself? it was hectic, and he told my I needed to sign it to protect him if my son catches a disease and dies, so that i cant turn around and say he never told me about the "benefits" of vaccines.

can i have him destroy the form I signed? should I sign more in the future? help! I forget why people said it was bad on other posts, can they call CPS- like this is proof of neglect? I am so p*ssed!

ps. i live in ny
post #2 of 15
Can't destroy it, but it doesn't really matter I don't think. I signed it just to get out of our visit without a fight
post #3 of 15
It protects the doctor. They have to give you what they believe to be the best medical advice available. If you choose not to vaccinate, and the doctor disagrees with that decision he has to log that you are doing something on your own, which is not what he advised you to do.

This alone is not enough to warrant notification to CPS, but if a parent routinely choses medical care against the advice of the pediatrician and the child seems to be suffering from it the doctor will eventually be required to report the apparent neglect to child welfare.
post #4 of 15
And in case of a custody dispute, you've signed a legal doc stating you knowingly put your child in danger. You can't take it out, but you can add additional documents to the file. Or ignore it and hope no one ever finds it. Change peds, etc.
post #5 of 15
Quote:
Originally Posted by nwmamas View Post
And in case of a custody dispute, you've signed a legal doc stating you knowingly put your child in danger. You can't take it out, but you can add additional documents to the file. Or ignore it and hope no one ever finds it. Change peds, etc.
The AAP Refusal to Vaccinate Form is NOT a legal document. It says so right on the AAP website.

Changing peds doesn't do any good - those are your child's permanent medical records and everything gets transferred to the new doc.

OP - there are tons of threads on this, you might want to go searching. Unfortunately, you cannot get that form out of the file now, but you can request that something else be put in its place.
post #6 of 15
Oh yeah, some people transfer records. Hehe. I meant legal as in "has been used in courts of law to demonstrate you're aware you're a bad parent."
post #7 of 15
Quote:
Originally Posted by nwmamas View Post
Oh yeah, some people transfer records. Hehe.
Most docs require a transfer of records when you sign up with their practice. Especially peds.


Quote:
I meant legal as in "has been used in courts of law to demonstrate you're aware you're a bad parent."
A RtV form cannot legally be used in that way. It's a CYA for the doc, so that he/she can say, "See - this parent acknowledged what I told them about vaccines."
post #8 of 15
Thread Starter 
spero, so you are telling me that I am not going to have cps called on me for these forms- that they are only to protect the doctor?

and if I am not having a custody battle, or ever will, it cant be used for anything else involving my children? (even if my husband and I split, he has the same beliefs about vaxes as i do so that isnt my concern)

what kind of form can i have it replaced with? i would love to see something so i can bring it next time. how willing were your pedis in signing your documents?
post #9 of 15
Quote:
Originally Posted by NYMOM07 View Post
spero, so you are telling me that I am not going to have cps called on me for these forms- that they are only to protect the doctor?
CPS can't open a case against you based solely on the fact that you are refusing vaccinations. Especially if the father of your children agrees with the non-vax stance.

Quote:
and if I am not having a custody battle, or ever will, it cant be used for anything else involving my children?
There would have to be evidence of some other reason to use it against you (abuse, neglect, etc.) - and even then, it is specifically stated that the RtV form is not a legal document, so it seems to me that a good attorney could easily argue it right out of any accusation.


Quote:
what kind of form can i have it replaced with? i would love to see something so i can bring it next time.
I'll try to find some links for you.

Quote:
how willing were your pedis in signing your documents?
Well, we were recently "fired" by our peds over this very issue so I'm probably the wrong person to ask.
post #10 of 15
I wouldn't worry about CPS getting involved solely because you refused to vaccinate, since it is your legal right to do so. I completely understand why my ped asked me to sign. He doesn't want me to come back later if my child becomes ill and suffers as a result of a VPD, and sue him for failure to disclose the risks of non-vaxing. Makes sense to me.
post #11 of 15
Ok, I'm going to link you to an older thread b/c it answers a lot of your questions, and the always-wise and knowing LongIsland (oh, I miss LI! : ) helped me SO much with all this crap.

Posts 6, 11, 14, and 22 will probably be most helpful to you.

And here are my recent experiences - first this, and then this - with the ped practice that we used for 18+ years. We are now happily switching to a family practitioner.
post #12 of 15
Quote:
Originally Posted by spero View Post
The AAP Refusal to Vaccinate Form is NOT a legal document. It says so right on the AAP website.

Changing peds doesn't do any good - those are your child's permanent medical records and everything gets transferred to the new doc.

OP - there are tons of threads on this, you might want to go searching. Unfortunately, you cannot get that form out of the file now, but you can request that something else be put in its place.
Hmm, maybe just stop going to a pediatrician, try for a family practitioner instead, and then just keep 'forgetting' to tell them who the old pediatrician is. Or, call the office of this pedi you go to, request a copy of your child's medical records and then give the records to the new doctor...minus a certain sheet of paper.
post #13 of 15
Quote:
Originally Posted by tammyswanson View Post
Or, call the office of this pedi you go to, request a copy of your child's medical records and then give the records to the new doctor...minus a certain sheet of paper.
Transferred medical records are usually exchanged directly between docs, so you can't remove anything. You sign a waiver giving permission for the release of the records to the new doc.
post #14 of 15
Thread Starter 
I have this letter I am sending to the doc this weekend, and i am telling him that i need it in my file as well, and that i want him to sign it.


Dear Dr. -----------
This is to certify that We, ---------------, parents and legal guardians of --------------, had voluntarily withheld consent to have medical vaccinations administered to said child, when vaccination was recommended to me by my child's pediatrician-----------------------

I made this decision after extensively researching the subject generally, and consulting with medical authorities on the purported efficacy of vaccination. In addition, I consulted with clinicians who were informed of my child's complete medical history. On the basis of all of this information, I concluded that vaccinations are not in the best medical and health interests of my child at this point in time.

Medical and health authorities do not agree on the general efficacy of vaccination. Some question whether or not natural exposure to the wild virus affords greater protection from disease, or leads to less severe symptoms.

It is assumed that most allopathic physicians believe that artificial vaccinations are beneficial and prevent disease. But since their license to practice their profession requires that they promote and administer vaccinations, it is uncertain how many medical doctors genuinely support vaccination, or the recommended schedule of vaccinations for children.

Aside from the highly controversial injuries from vaccination, such as autism and autoimmune diseases, medical authorities also hotly debate vaccine effectiveness.

From our conversations, you apparently disagree with these critiques of vaccination, and sides with those authorities who claim that vaccination is safe and effective. I was required at the last visit to sign a statement certifying that you had informed me of your opinion about vaccination, and your recommendation that my child receive vaccinations. I certify that you have done so.

By doing so, no one may construe that I also agree with the concomitant representations the above-cited statement included concerning vaccinations and inflammatory (so-called "infectious") diseases. I do not agree that infectious diseases are transmissible from one person to another. I do not agree that infectious diseases cause mortalities. I do not agree that the vaccinations for which I was asked to provide consent do in fact prevent said diseases. And I do not acknowledge that there are any health risks whatsoever—either to my child or others who may come in contact with my child—by not having my child vaccinated.

I contend that the mere fact that legal waivers from school vaccinations exist at all (in all states, including NYS) logically means that unvaccinated children cannot be in imminent danger, else such provisions in the law wouldn't be permitted to exist by health authorities.



On The Matter of Liability Protection

None of my statements herein shall be construed to mean that I waive my rights to seek legal redress for medical negligence. Expecting blanket immunity from lawsuit is not justified, because courts factually determine guilt on a case by case basis. That is their function. Adjudicators in any possible lawsuit I MAY chose to file will consider the fact that I refused my consent to vaccinate, and determine it's relevancy to the allegations. No person or agency has the right to unilaterally amend state tort law. Yet that is essentially what blanket liability waivers seek, by expecting immunity a priori to findings of fact.

With respect to school vaccination requirements, the state statute is clear. It requires schools that have granted to students medical or religious waivers, to permit them to enroll in school unvaccinated. Period. The exemption provisions in the law do not permit schools, medical providers, or public health officials unspecified shields against negligence.

Sincerely,

------------------------------


Acknowledged and Read By

Dr. __________________
post #15 of 15
Quote:
Originally Posted by spero View Post
Transferred medical records are usually exchanged directly between docs, so you can't remove anything. You sign a waiver giving permission for the release of the records to the new doc.
Actually, I had to call up the ped that I took my DS to when he was 3 weeks old. (I never went back, the guy was totally not in line with my beliefs) I need a med record to get a social security number for my son...it's a real PIA believe me! Anyway, I asked them if I could get a copy of the med record, the sec'y said, 'sure no problem' so I'm gonna go pick them up next week.
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Mothering › Forums › Health › Vaccinations › my pedi made me sign the AAP vaccine refusal form!