Wednesday, February 11, 2015

HIppa and parental rights? I am the primary, residential parent w/ final decision making power. What rights were violated at ER

Q:  the non custodial allowed my 7 year old to not only eat junk food and soda all day- but he is a holistic child who lives on organic food- non-gmo and has a holistic pediatrician, never gets sick and ended up in the ER while in the fathers care, the ER Dr. treated me like dirt and didn't allow me to speak from walking in after I drove close to an hour upon a text message- the Dr. without a medial record or my sons pediatricians consent or mine- gave my child a drug that would have side effects if my child was allergic, when I asked what he gave my child he called cps on me for "denying medical attention" I had no opportunity to deny or agree as I was treated l like dirt and ignored. the dr also said he had the medical records but later we found out it was a lie

Additional information

also; my sons fathers present girl friend (whom he has beat up & lives with) works at this hospital & was very friendly with the Dr and staff who all treated me with disdain- felt like I walked into the lions den. She was welcome with my child the whole time while I with NO bad background had 10 minute visits and had to keep my mouth shut. The dr told me I was out of line for asking my child what he ate all day. Can someone help -

A:  David's Answer:  If you have joint custody with final decision-making (as is implied in your narrative), then the father arguably violated the terms of the joint custody decree. And unless the Hospital deemed it to be an emergency situation & couldn't wait for your consent, then you may have a medical malpractice case against the hospital (& should contact an attorney who handles such cases). Nevertheless, you may wish to consider filing a petition to modify the joint custody decree to make it more specific regarding medical decisions. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (

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