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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Do I have a case? My wife delivered a baby, she had to stay

Customer Question

do I have a case?
My wife delivered a baby, she had to stay there for 2 days.
We also have a two years ago with us, she has to stay with us in the hospital bc we don't have any help. They told her that the child cannot stay with us. I told the nurse that I have no one to watch her and I want to stay with my wife so I could her watch the new born. The nurse went to bring the nurse supervisor to come to talk to us, I explained to her. And there is no written policy that the child cannot stay with us when we register. If we had known, we would have find other hospital.
The nurse house sup. told us that if I want to stay with the baby is up to us, there is no want going to make us leave.
About an hour later the security came and told us the baby have to be from hospital by 12 other he will come an escort the baby and I out.
Do I have a case?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Hello and thank you for your post. Please permit me to assist you with your concerns.

My apologies but a case for what, exactly? Can you please clarify? I read your facts but I am unclear as to what you feel the hospital did wrong. Please advise.

Customer: replied 1 year ago.
Made me leave my wife at the hospital by herself. I had to take my two years home because they won't let her stay at the hospital over night. They afraid she get hurt.
We just felt disappointed because as a family we should be able to stay together at the hospital.
My daughter and I could stay at the hospital for the first night, and second they told us that my daughter couldn't stay over night. The house sup. lied to us, she told me that my daughter can stay with us on the second night no one can make us leave. but about an hour later the security came and ask us to leave.
We just feel sad that we couldn't stay together the second night at the hospital.
I would like to suit the hospital.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

A hospital is ultimately a private entity, and private entities can bar access. The hospital does not have to allow access to children, and because they are a private entity they are free to impose rules on who is allowed on premises and who is not. Much like you can refuse to allow people into your home, or tell them to leave, the hospital can do the same. As such there is no cause of action here and no suit--what they did here is very much within their rights as a private entity. You are free to try to sue the hospital but if you cannot find any documentation stating that you had a right to remain on premises, or that your child had a right to remain (and you won't, as such documents do not exist), the courts will dismiss your suit for lack of injury.

I do apologize but there is no violation here.

Sincerely,

Dimitry, Esq.