The H1N1 virus has been in the news for over a year now and has clearly captivated the world. A vaccine has been rolling out recently along with government encouragement to become vaccinated. Chief among the government’s target demographic are children who are proving to be more vulnerable to the virus. However, there have been reports of some children getting the vaccine without the consent of the parents, which could easily be considered assault and battery, not to mention something worse should the child react poorly to the shot.

It’s a serious legal issue for any healthcare professional who acts against the wishes of a parent and gives a vaccination without consent. Richard Gurfein explains:

According to recent media reports, school nurses mistakenly gave the swine flu vaccine to two students whose parents didn’t sign up for it, including a Brooklyn girl with epilepsy who wound up in the hospital after getting the shot.

“Any unlawful touching,” Gurfein explained, “or unauthorized administration of medical care not in an emergency situation is a battery, a legal term for an assault. A school district cannot unilaterally administer vaccinations without parental consent, in writing.”

Gurfein explained that on the issue of liability, it wouldn’t matter if the child got sick or not from the vaccination.

“If there is a battery,” Gurfein said (medicine given to a child without an emergency situation, or parental consent), “by law the child is entitled to compensatory damages.”