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IT'S NOT CAUSATION !!!! You can't prove that the lack of a vaccination is the cause of contracting the disease. People get meningitis even WITH vaccinations, because it doesn't cover all strains. Vaccinations are found (years later sometimes) to become less effective over time. Vaccinations don't always "take" -- either because of something quirky with the individual getting them, or the vaccine coming from a a bad batch. There could be numerous reasons why it is not automatically the surgeons fault. You need ALL elements to win a negligence case, not just a breach of standard of care !!!!