How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33245
Experience:  Attorney with 15 years experience
Type Your Family Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

Do I have a legitimate Law Suite?

Customer Question

I am a single foster Mom. My two infants were put into respite care for three days while I was hospitalized. They went to a home where that foster Mom is notorious for getting the children in her care diagnosed with an illness so she can obtain the higher state rate for them. Both my babies have had horrible diaper rashes. I was beginning to suspect a milk allergy, but had not yet had time to contact the MD as I went into the hospital. The Respite foster Mom took the babies to their MD with a bucket list of questions about their health history, if they were current with shots, at appointment and asked many other questions that were freely answered by the office PA. I am the Foster parent of record that has signed all HIPPA papers. The result of that appointment prompted the County to remove the children form my care because of the story form the respite care worker and the PA. They do not of course have all the pieces to the puzzle! I am obtaining a lawyer to fight for me. Can I sue the MD office & Practitioner for sharing so much information with the Respite Foster Mom? I am so lost, disillusioned. and saddened! BUT I am getting mad now and need to fight for the babies and what has been done to damage my reputation as a foster parent and nurse. I believe I may have a legitimate suit against the county also?
Submitted: 4 years ago.
Category: Family Law
Expert:  Barrister replied 4 years ago.

If the respite care included medical "consent to treat" paperwork, (and it should have) then the care worker would have had the legal authorization to take the foster children to the doctor for evaluation and care. As part of caring for them, the care worker would have been allowed access to the children's health history so as to discover if there were any particular care requirements that would not have been obvious, such as allergic reactions.
If the children were removed as a prevenatative action, your recourse would be to vigorously defend against any neglect charges by adequately explaining the children's medical care and why certain things were or were not done.
But as for legal grounds to sue, I don't see anything illegal that has been done here that would give a cause of action.





If I have answered your question, PLEASE CLICK THE GREEN "ACCEPT" button NOW, so that I receive credit for my work. Bonuses are optional and greatly appreciated. Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting/interpreting them, so the outcome may not be what you had hoped for.

Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.


If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.


Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Related Family Law Questions