Vaccination advice?

[NonTradMed]

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Hi, I have question I thought I might throw out at you guys. In one of our classes, we are reading about people who do not choose to vaccinate. One of the reasons some people have stated is that they have a closer relationship with homeopath/naturopathic doctors than with their medical doctors. With the litigious atmosphere surrounding the medical community, I am curious as to how much those alternative doctors get sued. I mean, suppose an MD told a patient not to get immunized (against mainstream medical advice) and the kid catches meningitis or whatever and is left permanently impaired or had died, the MD would get sued, correct? If a homeopath or naturopath gave the same advice, would they get sued too? Or are they exempt since they are not MDs and thus not given the right to give 'real' medical advice...whatever that means. I was wondering because we keep heairng how doctors are so worried about getting sued they tend to become overly cautious, so it seems weird to hear that alternative doctors would prescribe some wacky things against most common medical advice. Thoughts? 🙂

 

[DoctorFunk]

Perhaps it has less to do with the scope of the homeopath/naturopath's practice of "medicine" and more to do with their patient population. I would imagine anyone who is bat**** crazy enough to mindlessly follow a homeopath in their recommendation not to vaccinate (flying in the face of all accepted immunologic theory) would be less likely to admit that their alternative "doctor" was wrong in the case of a child's death. When you think about it this would also incriminate them as bad parents.

A side question: should parents who deny their children vaccinations that have been proven to be safe and beneficial be charged with child abuse? Should they be held liable for the cost that their refusal to prevent their children from being disease reservoirs has on society at large?

 

[Law2Doc]

Hi, I have question I thought I might throw out at you guys. In one of our classes, we are reading about people who do not choose to vaccinate. One of the reasons some people have stated is that they have a closer relationship with homeopath/naturopathic doctors than with their medical doctors. With the litigious atmosphere surrounding the medical community, I am curious as to how much those alternative doctors get sued. I mean, suppose an MD told a patient not to get immunized (against mainstream medical advice) and the kid catches meningitis or whatever and is left permanently impaired or had died, the MD would get sued, correct? If a homeopath or naturopath gave the same advice, would they get sued too? Or are they exempt since they are not MDs and thus not given the right to give 'real' medical advice...whatever that means. I was wondering because we keep heairng how doctors are so worried about getting sued they tend to become overly cautious, so it seems weird to hear that alternative doctors would prescribe some wacky things against most common medical advice. Thoughts? 🙂

Yes, they get sued. Negligence isn't MD/DO specific.

 

[mendel121]

bat**** crazy

My new favorite term for crazy a$$ people - awesome!!

Should they be held liable for the cost that their refusal to prevent their children from being disease reservoirs has on society at large?

Absolutely - I have a friend who maintains that since he wasn't vaccinated, and he never got anything, well then he won't vaccinate his kids - so since he benefited from the good sense of parents like mine, his "bat**** crazy" ideas are now going to put the kids of people like me with good sense at risk for diseases.

These idiots fail to understand that the vaccines are not 100% effective and the only way we limit spread of diease is the cummulative probablility of an inadequately immunized kid meeting someone equally inadequately immunized and who has been exposed to the bug is only sufficiently small if we all get vaccinated - this theory that kids don't need it is irresponsible and is not all that different from dumping raw sewage - putting others at risk of infection by irresponsibly placing a resevoir of disease in a susceptible population - and with these idiots still drawing air - the susceptible population is growing.

 

[deleted109597]

Yes, they get sued. Negligence isn't MD/DO specific.

My question is, how do they all not get sued?

 

[sdn1977]

My question is, how do they all not get sued?

I think they don't get sued because they are very careful to not actually give "medical" advice. They offer alternative health suggestions - somewhat like your neighbor, or you or your mother reading in Reader's Digest that eating 4 servings of brussel sprouts will decrease your chance of getting colon cancer.

Well...you may or may not get colon cancer, but it is a health "suggestion". If you have ever heard these folks speak....they speak in circles....give you all sorts of support or reading for whatever, but they won't give you concrete "medical advice".

They also don't document they have advised the pt to do xyz....as a medical provider would. So...if the pt suffers an illness, the lawyers go to get the records & it says the pt sought advice for nutrition for "wellness" or other nebulous words. This is often after the pt has sought out traditional medical advice & chosen not to follow it.

However, immunizations are an unusual set of circumstances. Healthcare providers cannot be sued due to liability associated with administration of vaccines. This is a result of the National Childhood Vaccine Injury Act of the early 1980's which prevents lawsuits against providers for consequenses of vaccination, unless there is an obvious contraindication. So...given there are no contraindications, there is no reason for a healthcare provider to not advise a vaccination. However...far too many people choose not to get a vaccination, as a previous poster illustrated.

 

[Law2Doc]

Healthcare providers cannot be sued due to liability associated with administration of vaccines. This is a result of the National Childhood Vaccine Injury Act of the early 1980's which prevents lawsuits against providers for consequenses of vaccination, unless there is an obvious contraindication. So...given there are no contraindications, there is no reason for a healthcare provider to not advise a vaccination. However...far too many people choose not to get a vaccination, as a previous poster illustrated.

Yes. Just to clarify though, under the NCVIA, the injured vaccine recipients still get their day in a special federal court, just not against the doctor, and damage awards, if proven, may be made out of a fund created by taxes on vaccines.

As a physician (particularly a pediatrician) you will be expected to advise people to have vaccines, without risk.

 

[edmadison]

To answer one poster's repeated questions, the reason they don't get sued is that they aren't worth suing. If they don't have insurance and they don't have huge assets, it's not worth it.

Ed