Yeah, 7dma for vaccinations in the US is falling. US needs to get rid of tiering and open this shit wide, weāre 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, āOK, maybe my client was nervous about the shot and didnāt read the form carefully, but if you had just followed your own protocol, you would have picked it up on the ID checkā.
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 Iāve 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. Thatās just not how medmal stuff works.
Youāre wildly making up things about protocols and then adding law stuff that Iām sure you know nothing about. Medmal isnāt my profession, but it is something I follow a lot of and Iāve never seen a fact pattern remotely like the one youāve presented fly. Iāve 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, Iām sure has a written policy somewhere. And if you break your own written policy, thatās trouble.
Iāve seen this exact scenario play out before (not with COVID vaccines). It does not end well. If you donāt believe me, I guess I canāt do anything about that.
I also donāt know why you are drawing an analogy about lying about a condition. That has almost nothing to do with the specific problem Iām talking about.
Edit: Iām 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.
Iām still in disbelief the US isnāt having a surgeāour social distancing is complete shit right nowābut whatever, Iāll take it. Normalcy is somehow in sight; we just need to hold on a little longer without cases jumping up again.
Oh itās 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.