Can I Refuse Vaccines For My Newborn

I Am A Nonparent With An Authorization Agreement For When The Parent Is Unavailable Can I Consent To Immunizations

Consent for a childs medical, dental, and surgical care may be made by a nonparent if a parent or person with the right to consent to such care cannot be contacted and they have not given actual notice that prevents a nonparent from consenting to such care. Texas Family Code 32.001.

Additionally, in limited circumstances, a child can consent to their own medical, dental, and surgical care. Texas Family Code 32.003.

Gonorrhea And Chlamydia Test

Some Ob/Gyn practices recommend routine testing at 32 weeks for gonorrhea and chlamydia. Texas is among the states with the highest rate of these sexually transmitted diseases. You may not even know you have these diseases because they dont always present with symptoms. However, the diseases can be passed to the baby during delivery and can cause an infection called ophthalmia neonatorum that may lead to blindness.

If you have been in a long-term, mutually monogamous relationship, you may feel comfortable declining this test. There is a chance the test will return a false-positive result, meaning it may show you have one of these diseases when you actually dont. Remember this before you panic that your partner is cheating on you.

Why Parents Don’t Vaccinate Children

According to Reich, all of the anti-vax parents she spoke with believed parents should independently gather information about vaccinations to make informed decisions, without feeling pressure to follow recommendations from experts. She found all the parents also agreed that whatever happens to their children will be their responsibility.

But beyond that, Reich wrote, the reasons for vaccine refusal vary widely. For example, a few parents expressed to Reich that they believe healthy lifestyle choices and prolonged breastfeeding will be sufficient to convey some immunity to vaccine-preventable diseases, while other parents said they believe their children’s immune systems would be stronger if they are allowed to contract vaccine-preventable illnesses. Some parents said they do not believe vaccines are safe because the federal agencies approving them are “too close” to the pharmaceutical industry, Reich writes.

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What Is The Immune System

The immune system is a special network in the body that protects you from germs, like bacteria and viruses that cause diseases. Through a series of steps called the immune response, the immune system learns how to recognize germs in order to fight them if your child is exposed to them in the future.

Your child is exposed to thousands of germs daily at home, at daycare or in the grocery store. Even a sweet kiss from a brother or sister can be full of germs. Most of these germs are harmless and are easily handled by your child’s immune system. But some germs can make your child very sick.

Thanks to vaccination, your child’s immune system learns how to recognize harmful germs. Vaccines help your child to develop the necessary defences to fight disease, and to stay healthy!

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My Baby Was Premature

Premature babies may be at higher risk of catching infections, so it’s really important that they have their vaccinations on time, i.e. from eight weeks of age, no matter how premature they were.

It may seem very early to give a vaccination to such a tiny baby, but many scientific studies have shown that it’s a good time to give them vaccines. Postponing vaccination until they’re older leaves premature babies vulnerable to diseases.

Read this NHS guide to vaccinations for premature babies .

Article provided by NHS Choices

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What Can I Do If A Hospital Vaccinates My Newborn Without My Consent

in Medical Malpractice, Personal Injury

Childhood vaccination can be tricky in the legal world. Parents have rights to refuse any treatment provided by a medical facility, but doctors are also responsible for providing a reasonable standard of medical care, which may include vaccinating. Most newborns receive immunizations for hepatitis B, a vitamin K supplement injection, and an eye ointment. You have the right to refuse one or all of these treatments.

You can sue a hospital for giving a vaccination or for not giving a vaccination, depending on the circumstances. If you do not want your baby vaccinated, the best course of action is to stipulate that when you develop your birth plan. You should sign a waiver of immunization and provide the hospital with that waiver well in advance of labor. You may want to have a copy of the waiver on hand to remind the hospital staff. If your doctor immunizes your child anyway and the immunizations harm the newborn, you have grounds to sue. However, if the vaccination doesnt harm your child, you may not be able to file a medical malpractice lawsuit.

Conversely, if you do want your newborn vaccinated and the hospital does not do it, you may have grounds for a lawsuit. If your child later gets sick as a result of not being vaccinated, the hospital may be liable.

What If We Missed A Shot

Life with young children can be very busy. You may not be able to make every vaccination appointment for your child. But it is important to get back on schedule.

You should book an appointment with your healthcare provider as soon as possible. They can help you figure out what vaccines your child has already had and which ones are needed.

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Forcing Me To Vaccinate Is A Violation Of My Rights

The Truth: Every state’s vaccination laws are different requirements for immunizations kick in when it’s time to attend day care, preschool, or public school. These policies exist for good reason: They protect the small percentage of children who may have a compromised immune system or for whom vaccines may not work. And many of these diseases are highly contagious, meaning they’ll spread quickly in schools, says Dr. Daley. He mentions measles and influenza as examples.

Every state allows exemptions if children have a medical reason for not vaccinating, such leukemia or a rare immune disorder. What’s more, all states allow religious and/or personal-belief exemptions with varying requirements, except for California, Maine, Mississippi, New York, and West Virginia. Meanwhile, the exemption ratesand the disease ratesare higher in those states where it’s easier for children to be granted an exemption.

Dr. Daley says that herd or community immunity might also encourage people to get vaccinated. Basically, “if enough people are vaccinated, then these infectious diseases don’t spread from person to person,” says Dr. Daley. This way you protect even the elderly, babies, and those with compromised immune systems.

Do I Have The Right To Vaccinate My Child Without The Other Parents Consent

If you have a court order, your right to vaccinate your child depends on the type of conservatorship you have. Read your court order. Every court order is different. If you do not understand it, talk to a lawyer who can help explain it.

If parents are joint managing conservators of the child, they usually share rights and duties over the child. These rights and duties explain the decisions a parent can make for their child. These rights and duties are either:

Some orders may name the childs pediatrician as a tie-breaker in the event parents cannot agree. Other orders may require parents to consult with each other before making a decision. If neither parent has the power to make a final decision, or if you do not understand your rights and duties, talk to a lawyer.

A parent sole managing conservator has the exclusive right to consent to a childs medical, dental, and surgical treatment that does involve an invasive procedure. Texas Family Code 153.132.

If you do not have a court order and are separated from the other parent, you can file a suit affecting the parent-child relationship . As part of the SAPCR, you can ask the judge to make orders about conservatorship and what kinds of rights and duties you and the other parent will have.

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The Other Parent Vaccinated Our Child Against My Wishes Do I Have Any Remedies

It depends on your court order and what kind of conservatorship arrangement you have.

If your court order says that you and the other parent must agree before making a health care decision for your child and the other parent vaccinated against your wishes, then you might have the option to file an enforcement action to address this violation.

If your court order states you and the other parent have independent rights and duties, then each parent could have the child vaccinated, even if the other parent disagrees. Usually a parent is required to let the other parent know about these decisions. If the other parent did not let you know, you could file a modification to address any similar disputes in the future.

How Do I Keep Track Of My Child’s Vaccination

You will be given a vaccination record with your child’s recommended schedule at your first clinic visit. If your healthcare provider forgets, be sure to ask for one. It is important to bring this record with you every time you visit a healthcare provider. This is to make sure that it can be updated each time your child receives a vaccine.

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Why Is It Important To Keep Track Of Your Child’s Vaccination

Proof of vaccination may be requested. In some parts of Canada, children need to have all of their vaccinations up to date before starting school or daycare. This is needed to help prevent the spread of serious diseases in these settings.

Also, your child’s vaccination history is helpful if you ever need to take your child to see another healthcare provider or travel outside of Canada.

What Are The Arguments For Vaccine Exemptions

Medical exemptions prevent kids from getting vaccines that might be unsafe for them. Conditions that weaken the immune system, such as a child with cancer undergoing chemotherapy, and severe vaccine allergies are somewhat rare, so few children need these exemptions.

People who seek personal exemptions say they have a right to decide whether their children should be vaccinated. Vaccine safety is one concern behind exemptions. Some parents fear that the risks of vaccines outweigh the benefits. Most of these worries are based on information they’ve seen online or in other media, or that they’ve heard from friends. A commonly cited belief among anti-vaccine groups is that vaccines can cause autism. That belief is based on a 1997 study by a British doctor that was published in the journal The Lancet. The study has since been discredited many times, the doctor lost their medical license, and The Lancet retracted the report. Since then, numerous other studies have found no connection between vaccines and autism.

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What To Do If Your Child Was Improperly Vaccinated

If you signed a waiver of immunization, but your child was vaccinated anyway and suffered harm as a result, you may have more than one form of recourse. The National Vaccine Injury Compensation Program provides financial compensation to people whose children have suffered harm as a result of childhood vaccines. As with a court case, individuals filing for compensation through this program must prove that a required vaccination caused the injury and that the injury was severe .

The moment you make a connection between a vaccination and a childs injury or illness, we recommend speaking with a West Virginia medical malpractice lawyer. Depending on your actions at the time of the vaccination and the circumstances of the injury, you may be able to file legal action against the hospital or medical facility responsible for the error.

What Rights Do Parents Have To Make Health Care Decisions About Their Children

Parents have the right to consent to a childs medical and dental care. Texas Family Code 151.001. Those rights also include the right to allow immunization of their children. As a parent conservator, you have the right to do so under Chapters 151 and 153 of the Texas Family Code.

A parent may consent to their childs medical, dental, and surgical treatment when there is an immediate danger to the child’s health and safety. Texas Family Code 153.073.When their child is with them, a parent may consent to the childs medical and dental care that does not involve an “invasive procedure.” Texas Family Code 153.074. Chapters 151 and 153 of the Texas Family Code give parents the right to allow medical care. But, it is unclear whether immunizations are an “invasive procedure.”

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What Every Parent Should Know About Immunizations

Watching your child get a shot isn’t easy. It’s even harder if you have fears or concerns about the safety or necessity of the vaccine.

Millions of parents immunize their kids each year without concern. Yet some parents have heard rumors that vaccines can cause serious health problems.

So, how can parents get the facts about vaccine safety? Your child’s healthcare provider is your first source of reliable information. Healthcare providers are bound by law to give you written information on the benefits and risks of each vaccine suggested for your child. Reading this material can help you make a well-informed decision.

Another source of in-depth information on vaccine safety is the CDC.

Final Tips On Vaccines

Keep this information in mind to help your childs immunizations go more smoothly:

• Common side effects of vaccines include swelling at the site of the injection, soreness, and fever. Discuss these side effects with your healthcare provider and ask what symptoms deserve an office call.

• Ask your healthcare provider’s office if it participates in an immunization registry. This is a source you can go to if your vaccine records get lost.

• Ask your healthcare provider’s office if it has an immunization reminder or recall system. This type of system will call to remind you when vaccines are due. It will also warn you if an immunization has been missed.

• Always bring your immunizations record with you to all of your child’s office visits. Make sure the healthcare provider signs and dates every immunization.

Vaccines are some of the safest and most effective medicines we have. They have made many dangerous childhood diseases rare today.

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Is The Vaccine Safer Than Getting The Real Disease

Yes. Your child’s natural immune system has no problem handling the weak or dead germs in a vaccine. Your child may have a mild fever or a sore arm after vaccination but these side effects only last a few days and should not disrupt daily activities.

However, if an unvaccinated child catches the real disease, the result can be serious, or even fatal. This is because active germs multiply quickly, and your child’s immune system is not prepared to defend itself.

Finding A Medical Malpractice Attorney In West Virginia

Seeking legal action against the responsible parties may be the only way to cover the pain and suffering caused by malpractice. Some babies may have severe reactions to vaccinations or become seriously ill if they dont receive requested vaccinations.

At Tiano ODell, PLLC, we understand medical malpractice in West Virginia and the laws that govern vaccinations here. The media recently put a spotlight on a parents right to refuse vaccination, which extends to our state. For more information about state laws and to learn more about taking legal action against a hospital for improper vaccination, contact us today. Our personal injury attorneys in Charleston will help you get the compensation you deserve.

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When To Call Your Healthcare Provider

Serious reactions to vaccines are very rare. Call your healthcare provider or public health office if your child has unusual symptoms after vaccination.

Unusual symptoms may include:

• a fever above 40°C
• crying or fussing for more than 24 hours
• worsening swelling where the needle went in and/or
• unusual sleepiness.

You know your child best. If you notice anything that is not normal after a vaccination, check with your healthcare provider.

Can Getting So Many Vaccines At One Time Harm My Baby

Babies have stronger immune systems than you might think, and they can handle far more germs than what they receive from vaccines. In fact, the amount of germs in vaccines is just a small percentage of the germs babies’ immune systems deal with every day.

Sometimes, kids can have a reaction to a vaccine like a mild fever or rash. But the risk of serious reactions is small compared with the health risks from the often-serious diseases they prevent, and do not happen because the baby got several vaccines at once.

A lot of consideration and research went into creating the immunization schedule most doctors use, and it has been proven safe time and time again. Still, some parents choose to use alternative schedules because they’re concerned about the number of shots their babies get at each checkup. This is actually more likely to make a baby sick. Studies show that many babies on alternative immunization schedules never get all the vaccines they need.

Plus, alternative schedules can be a real hassle. Spacing out vaccines over more doctor visits means that you’ll have to take your child to the doctor and your child will have to get a shot more often.

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What If My Child Can’t Be Vaccinated

Some children cannot receive certain vaccines due to allergic reactions or other medical conditions. Because they can’t be vaccinated, they are at risk of getting diseases that the vaccine would have protected them from.

You can help protect your children by encouraging those around your child to be up to date with their vaccination. Diseases that may not seem serious to adults can be very harmful to vulnerable children.

How Are Vaccines Studied And Improved

The FDA’s Center for Biologics Evaluation and Research is the government agency that regulates vaccines in the United States. Working with the CDC and the NIH, they continuously research and monitor vaccine safety and effectiveness.

New vaccines are licensed only after thorough lab studies and clinical trials, and safety monitoring continues even after they’re approved. There continue to be improvements that ease potential side effects and ensure the best possible safety standards.

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