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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 27111
Experience:  16 yrs. of trial experience
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i wanted to know if I have a case. I gave birth 8 months ago,by

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i wanted to know if I have a case. I gave birth 8 months ago,by C-section.shortly after delivery a nurse came&wanted to take my baby for some test, I asked if I could come along &she hesitated. then agreed to let me come along.when she finished she said I now need to take the baby to the lab for more test.i asked why,& told her I wasn't comfortable with them poking my baby over&over with needles(my mother told me they took blood from my baby through her vein shortly after the birth&we she asked why no one gave an answer.)she bagan speaking to other staff members using medical terminology, so I wouldn't understand.she wouldn't tell me why she wanted to take my baby, for additional test after I just allowed her to do what she initially came to take the baby for.so I went back to my rm. with the baby&phoned my mother. I told her what happened&that the nurse was not being polite,caring or professional, but secretive about her motives.i said I wanted to leave.my mother told me to ask if it was legal&to promise I would take the baby to a pediatrician that day.the nurse came back in&said she had a social worker on the phone&asked if I wanted to speak? I said no I want to leave is it legal for me to leave,she wouldn't answer, I asked a few more times&she would not answer.i began packing&she asked if I wanted to speak to a Dr. I said you should have done that to begin with.so I left my rm looking for an exit.as I went down the stairs, I was stopped by a few,security guards,and a few other nurses.they asked me to give them by baby&i refused.they told me there was something wrong with the baby&they wanted to make sure she was ok.i agreed to go back to the rm.& said I would have not hesitated if the nurse would have explained what was going on.they phoned the police.when the police came they told the nurses they couldn't hold me legally, so the nurse told the police I had benzo's in my system& they wanted to test the baby(I asked the police what were benzos I never heard of them,they said they didn't know what they were either).the police told me this& said I could leave, but not the baby&if I left the baby would go to the state,so I stayed so they could test my baby.before they took her she appeared fine to me.she was taken to NICU & given antibiotics they said she had respitory problems because she injeseted marconium during delivery.she then looked life less to me.the hospital then phoned CPS.I was told they would test the baby & if she was negative for benzos I could take her home & there wouldn't be any problems.the test came back negative, they said they wanted to send her bowel movement out to the lab& test it there, they said these test would go back 4months into my pregnancy & if this test came back negative, I could have my baby. the test came back negative. they still refused to give me the baby & released her into her fathers(we were not involved,& he abandoned me during the pregnancy&was not there for the birth) custody for 30 days. I was told if I agreed to do a 6month voluntary program I could have the baby after the 30 days. I agreed because I didn't seem to have any rights, or choice. what can be done I am waiting to receive my records&lab results.Ive done some research and benzos is a drug given regulary for sedation, prior to surgery. it can also cause respitory problems in newborns.of course there is more to the story&im very open to share,this was a summary. Thank You for your time.
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

I understand the background information, but not sure I understand your question. What is your question please ma'am?
Customer: replied 1 year ago.


I would like to know if I have a case against the hospital?


 


can I sue them?

Expert:  P. Simmons replied 1 year ago.
Thank you

A couple more questions

You mention they released the child to the father...was this at the day of birth?

And had you acknowledged paternity to the father already? Or were you married to the father at the time?
Customer: replied 1 year ago.


no. she was released to him when she was discharged(approx.5days after the birth).


 


I am not & have not been married to the father. on our own we had a DNA paternity test done while I was pregnant. he is the father.

Customer: replied 1 year ago.


we do not live together. we have separate residences.

Expert:  P. Simmons replied 1 year ago.
That may be the basis for a suit then...so at the time the hospital released the child to the father, had you already acknowledged paternity...signed that he was the father?

Also, was CPS involved at this point (on day 5)...did they take custody and release to dad or did the hospital release to dad directly?
Customer: replied 1 year ago.


I did tell the hospital he was the father, but he is not on her birth certificate.


 


CPS took over while we were in the hospital, because the hospital called them.She was not in CPS custody. just in the hospital then I was told they still wanted her to be placed with the father, even though the baby was negative.


 


When my OBGYN came in to check me. he said he didn't understand what was going on. he said we had a beautiful birth no problems.


 


I was refusing heavy narcotics(because I wanted to be alert for my baby) they wanted to give me to be more alert& they kept trying to get me to take heavy drugs.


 


what type of an attorney will I need for this kind of case & are there referals?


 


please tell me as much as possible.

Expert:  P. Simmons replied 1 year ago.
Thanks

One more (so I am clear)...did at the time of the release, did CPS authorize the hospital to release to the father? I understand CPS was engaged...but had the asserted jurisdiction and ordered the child placed with the father?
Customer: replied 1 year ago.


I believe the answer is yes. CPS took over and they directed the hospital to only release the baby to the father.

Expert:  P. Simmons replied 1 year ago.
Thanks

That makes it more difficult. Much more difficult.

IF CPS had jurisdiction, then the hospital is not liable for the release to the father. You fight would be with CPS (at least for the release issue).

Now...for the hospital...is there a case regarding reporting to CPS?

Likely no...The law makes the hospital a "mandatory reporter"...basically, the law requires the hospital to report any case where there is evidence of abuse. The law does not require the hospital to investigate the matter, merely to report. And there are stiff penalties for not reporting.

So you have an uphill battle to sue the hospital.

If you can show that there was no reasonable evidence of abuse? That there was no evidence that even suggested you had engaged in illegal drug use during pregnancy (since illegal drug use during pregnancy would be something that the hospital would be required to report)? Then you could sue the hospital for defamation. Defamation occurs when a person or organization lies about you and that lie harms your reputation.

You would need a lawyer with experience in defamation claims.

You can find one here

http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx

But as I mention, this may be a tough case. You basically have to prove that the hospital knew that you never used drugs but lied to CPS....if you can show that, you can sue them for defamation.


Let me know if you have more questions....happy to assist if I can
Customer: replied 1 year ago.


I did not have drugs in my system.


 


what they found was given to me by the hospital. so the hospital lied to the police because they suspected?


 


also what about my baby testing negative and they still kept her?


 


im confused as to what type of attorney handles this kind of case?


 


I feel as though my rights were violated on a few different levels.

Expert:  P. Simmons replied 1 year ago.
The attorney you would want is someone who understands BOTH medical malpractice and defamation law.

Defamation is defined as a false statement that harms your reputation. If the hospital lied about you, and that caused you to loose your child? That is defamation and you can sue;

But you have to prove the lie.

You have to prove that they lied about you. OR that they were so inept that they did not understand what the medical evidence presented (that is why you would do well to have a lawyer that understands BOTH medical malpractice and defamation).

If you can do that? If you can show they lied about you or that they clearly misread the medical evidence? Then you have a good case.

Once CPS became involved the hospital no longer has liability...CPS assumes it. SO you have to prove that the reporting to the CPS was either a lie, or based on medical malpractice.

SO you want a lawyer who understand both medical malpractice and defamation law.

P. Simmons, Attorney
Category: Legal
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Experience: 16 yrs. of trial experience
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P. Simmons
P. Simmons
Attorney
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16 yrs. of trial experience