Yeah, 7dma for vaccinations in the US is falling. US needs to get rid of tiering and open this shit wide, we’re starting to run into real demand problems.
Lawbros can take this one. But if there is a standard written protocol to check for ID (and there almost certainly is) and if they deviate from this protocol, all the Lawbro has to say is, “OK, maybe my client was nervous about the shot and didn’t read the form carefully, but if you had just followed your own protocol, you would have picked it up on the ID check”.
I think that should be more than enough to show breach of duty for a negligence claim.
I have never, not once, checked for id before initiating treatment in any of the 10+ ERs I’ve worked or studied in. Nor have I ever had to show ID to get vaccinated, pick up non-scheduled drugs, and more. No way that you can lie your way to damages. That’s just not how medmal stuff works.
You’re wildly making up things about protocols and then adding law stuff that I’m sure you know nothing about. Medmal isn’t my profession, but it is something I follow a lot of and I’ve never seen a fact pattern remotely like the one you’ve presented fly. I’ve seen similar things (lying about having a condition when it was buried deep in another part of the EMR comes to mind), get specifically thrown out.
Anyone who has been following this thread can tell you that many of these places tell you that they will check ID before you get there. Any place that says that, I’m sure has a written policy somewhere. And if you break your own written policy, that’s trouble.
I’ve seen this exact scenario play out before (not with COVID vaccines). It does not end well. If you don’t believe me, I guess I can’t do anything about that.
I also don’t know why you are drawing an analogy about lying about a condition. That has almost nothing to do with the specific problem I’m talking about.
Edit: I’m not even sure having a written protocol would be necessary if plaintiff could prove that it is standard practice at vaccination sites to check ID. That would likely be enough. But having it written down somewhere as something you yourself have designated as something important to do makes it a slam dunk (at least to prove the breach of duty element).
Brazil is currently in the midst of a rather insane surge. 7DMA deaths are now above 2,000. This is in a place that has already had two all-out surges before. Really shows how bad of an idea herd immunity through infections is.
I’m still in disbelief the US isn’t having a surge—our social distancing is complete shit right now—but whatever, I’ll take it. Normalcy is somehow in sight; we just need to hold on a little longer without cases jumping up again.
Oh it’s been the worst place since at least Christmas.
Hospitalizations have decreased due in part to vaccinating old people but hospitals were transferring patients to Austria at one point. Our 7 day average of positive PCR tests has dropped below 30% for the first time in over a month.
Really fucking tilting that they haven’t opened up vaccinations to everyone when demand is obviously not there currently. Looks like we are headed towards around 55-60% of the adult US population getting vaccinated.