can't give a vaccine to a child whose parent can't physically restrain that child?

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Specializes in School Nursing and Sports Medicine.

hi! i read this from nursing spectrum and thought of sharing it.

are we liable if we can't give a vaccine to a child whose parent can't physically restrain that child?

question:

dear nancy,

we work in an immunization clinic for a county health department that provides immunization clinics for children two days a week. our concern is uncontrollable clients and the parameters that constitute battery when restraint is necessary. is it our role to help a parent physically restrain a child? are we liable if we don't provide a vaccine if the parent cannot restrain his or her child?

jack

nancy brent replies:

dear jack:

basically, a battery is an intentional tort and occurs whenever there is forceful, unpermitted and harmful contact with another (black's law dictionary. 2nd pocket edition. 2001). in the situation where healthcare is being provided, a battery can take place whenever healthcare is provided that is not consented to, for example. in the situation described in your question, the parent is bringing the child into the clinic for immunizations. since the parent is the legal consent giver for minor patients (with some exceptions, of course), the consent of the parent exists to give the immunization and to do so safely. reasonable restraint of the child is therefore necessary in some instances.

full story: http://news.nurse.com/article/20100317/all05/100317001/-1/section

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